Research Of The Appeal Right Of The Defendant In The Case Of Pleading Guilty And Accepting Punishments With Leniency

The purpose of establishing the system of confession guilty and pleading punishment is to improve judicial efficiency and save limited judicial resources.However,in the application of the system of confession guilty and pleading punishment,due to the lack of clear legislative provisions and Immature System Development,as a result,there are various problems in the process of exercising the right of appeal of the accused,such as the abuse of the right of appeal by the accused through the loopholes in the system,or the violation of the rights and interests of the accused themselves,which are increasing day by day,not only can not achieve the goal of the system,and even more waste,contrary to the efficiency of the system itself,but also deviate from the criminal proceedings on the value of justice.In addition,the judiciary in response to the defendant’s behavior,there have been some irregularities.Therefore,we should carry on the specialized research to the appeal right question of the guilty plea punishment case,in order to propose the solution countermeasure which appears in the system actual application process,in order to ensure the smooth operation of the review system of the defendant’s right to appeal in the case of guilty plea and punishment,truly give full play to the value of the system of guilty plea and punishment,effectively protect the rights and interests of the defendant,and realize the original purpose of the system,at the same time,the system of confession and punishment in China’s good operation.Besides the introduction and conclusion,the main contents of this paper are as follows:The second chapter is the academic community for the guilty plea case whether the accused appeal right to retain the three points of view.This paper mainly analyzes the views and disadvantages of the abolishment of the right of appeal,the reservation of the right of appeal and the limitation of the right of appeal,which provides strong support for the choice of the limitation of the right of appeal.The third chapter is a summary and analysis of the value involved in the operation of the system.This conclusion analyzes the value involved in the appeal right of the defendant in the guilty plea cases from the angles of justice,efficiency,balance and good faith,which is of great significance to judge the appeal right of the defendant in the guilty plea cases.The Fourth Chapter is the analysis of the problems in the operation of the system of confession and punishment.This article separately from the defendant ’ s Angle,the procuratorate angle as well as the court angle has carried on the entire process multi-aspect analysis to the confession punishment system operation question.The fifth chapter is to plead guilty to improve the system of the right of appeal of the defendant.Through the analysis of the second,the third and the fourth chapters,the conclusion is drawn that the appeal right of the defendant in the case of guilty plea punishment should be retained but needs to be limited,at the same time,we should establish and perfect the necessary safeguard measures to ensure the smooth operation of the review system of the defendant’s right to appeal.