A Research On The Appeal Issues Of The Defendant In The Case Of Pleading Guilty And Punishment ——Analysis Based On 601 Judgment Documents

The implementation of the system of admitting guilt and accepting punishment in my country is relatively late.The implementation of a new system may still have problems in the judicial operation.Among them,the issue of the defendant’s right of appeal is one of the hot spots in the judicial and academic circles.From the pilot to the newly revised Criminal Procedure Law in 2018,the defendant’s right of appeal has not been stipulated either.At present,there are four reform opinions on whether the defendant’s right to appeal is reserved or not.The first is to deprive the defendant of the right of appeal in the plea case,the second is to completely retain the unrestricted right of appeal of the defendant in the plea case,the third is to partially restrict the right of appeal,and the fourth is to deal with the abuse of the defendant’s appeal by simplifying the second-instance procedure.Since the implementation of the leniency system for admitting guilt and accepting punishment,the data released by the Supreme People’s Procuratorate for cases handled by the system shows that the appeal rate of defendants is 3.9%,which is less than 11.5 percent of other criminal cases.Through empirical analysis,the status quo of defendants’ appeals in plea guilty plea cases mainly include: The defendant appealed for too many reasons,but the appeal was mainly on the grounds that the sentence was too severe,and the problem of unreasonable appeal was prominent;The proportion of the court of second instance upholding the original judgment on the defendant’s appeal is relatively high.The defendant’s unreasonable appeal cannot change the substantive problem,but it increases the burden of the judicial organ.Although there are commutations of reduced and aggravated sentences,most of the sentence changes are not obvious between one month and six months;and the trial period of the defendant in the second instance is too long,which facilitates the defendant to stay in prison and serve his sentence;The procuratorate’s appeal against the defendant and suppressing his appeal through protest is too "extreme",cannot effectively alleviate the contradiction,but wastes judicial resources.In plea guilty plea cases,because the defendant’s unreasonable appeal has brought a lot of inconvenience to the judiciary,First,it weakens the reform goal of the leniency system for confession and punishment;secondly,it violates the sentencing agreement;finally,the defendant appeals directly and speculatively,which directly affects the inefficiency of litigation.The value orientation of the leniency system for admitting guilt and accepting punishment is not only to improve the efficiency of litigation,but also to achieve the unity of punishing crimes and protecting human rights with a higher level and higher standard on the premise of upholding justice.In order to find a way to resolve the defendant’s abuse of the right to appeal in the current practice,we should ensure the voluntariness of the defendant,standardize the defendant’s reasons for appeal,improve the duty lawyer system,simplify the second-instance procedure,and strengthen the sentencing consultation mechanism to form precise sentencing recommendations and Improve the remaining sentence system and other supporting measures,It not only effectively protects the defendant’s right to appeal,but also effectively promotes the smooth operation of the leniency system for admitting guilt and accepting punishment.Promoting the balance of interests between efficiency and fairness.