On The Right Of Appeal In The Case Of Guilty Plea And Punishment In My Country

The system of guilty plea and punishment has been established in China for two years,and it has achieved good results.However,in the operation of the system,there are still some defendants who expect lighter penalty benefits after receiving lenient punishment,or use "technical appeal" to serve their sentence.In view of the above problems,some public prosecution organs protest,some courts take the second instance to deal with it quickly,and the ways to deal with it are different in different places.But these methods have shortcomings,more or less the existence of legitimacy,legitimacy problems,caused the attention of theory and judicial practice.This paper puts forward different views on whether to limit the right of appeal of the defendant who pleads guilty and how to limit it.Combined with China's current judicial situation and legal provisions,based on the jurisprudence of the right of appeal,this paper makes a comparative analysis of foreign judicial experience and legal procedures,puts forward a plan for the limitation of the right of appeal,explores the review mechanism of due cause appeal,and sets up the right of appeal for cases with different sentencing severity.While limiting the defendant's right of appeal,it should also be supplemented by some supporting measures,such as the transfer of the right of appeal agreement,the defendant's Estoppel System,and the optimization of the second instance procedure.