The System Of Leniency For Guilty Plea Was Investigated By The Right To Appeal

The revised criminal procedure law in 2018 established a lenient system of guilty plea and punishment.At the same time,article 227 stipulates that the defendant’s right of appeal shall not be arbitrarily deprived.Pleading guilty and being lenient means that if the defendant voluntarily and truthfully confesses his crime,admits the facts of the alleged crime and is willing to accept punishment,he can be lenient according to law.However,under the lenient treatment according to law,the accused filed an appeal application for various reasons,making the case enter the second instance procedure,which runs counter to the original intention of the leniency system of guilty plea and punishment.In the leniency system of guilty plea and punishment,the alienation of the accused’s abuse of the right of appeal not only destroys the agreement of criminal procedure,but also damages the efficiency of criminal procedure.At the same time,in the practical circle,there is a high voice for the cancellation of the right of appeal in the leniency system of guilty plea and punishment.The cancellation of the accused’s right of appeal will inevitably lead to the decline of judicial justice,from which the problem is bred.It is to pursue the efficiency of sacrificing justice,It is still necessary to retain the justice that reduces efficiency,which has become the difficulty of solving the right of appeal of the accused in the leniency system of guilty plea and punishment.However,from the perspective of the current research on the leniency system of confession and punishment,the academic circles do not realize that the establishment of the leniency system of confession and punishment is to maximize the overall efficiency and justice.The article will demonstrate this problem step by step through four chapters,so as to put forward how to scientifically set up the right of appeal of the accused in the case of confession and punishment,so as to maximize justice and efficiency,that is,to maximize the benefits of criminal litigation,so as to implement the leniency system of confession and punishment.The first chapter is the introduction,which shows the research background,research significance and research status of this paper.The second chapter puts forward the problems,mainly including the classification of the defendant’s appeal behavior and the response measures of the judicial organ.The existence of the right of appeal does have an internal contradiction with the leniency system of guilty plea and punishment.At the same time,it also points out that the current practice of the judicial organ is inappropriate.The third chapter lays the tone of the article,first refines the views of academic and practical circles on the preservation and abolition of the right of appeal,makes a positive response to the reservation of the right of appeal from the two aspects of confirmation and falsification,and proves the integrated value of justice and efficiency through theoretical demonstration and the design of functional equation.At the same time,it puts forward that if you want to maximize efficiency and justice,you must retain the right of appeal and reshape the period of appeal.The fourth chapter is based on the demonstration of the previous chapter,draws lessons from the extraterritorial experience of the United States,Britain,Germany and other countries,puts forward the construction of the reason for appeal review system to solve the problem of the accused’s right to appeal in the leniency system of guilty plea and punishment,expounds the procedure and content of the reason for appeal review system,and puts forward further requirements for the protection of the accused’s right to appeal.