Research On The Application Of The Principle Of No Additional Penalty On Appeal In The Case Of Guilty Plea And Punishment

In 2018,the Criminal Procedure Law added the "system of leniency for pleading guilty" as a basic principle of criminal procedure,aiming to ease the contradiction between the limited judicial resources and the development trend of minor and proliferating criminal cases in the context of staffing reform,so as to realize the effective use of judicial resources while maintaining judicial justice.Appeal additional punishment principle as a vital means of right remedy,the defendant is the concrete embodiment of the basic principles of human rights in the field of criminal justice,for maintaining procedural justice and guarantee the justice is of great significance,but in practice and pleaded guilty to forfeit from system to save the judicial resources,optimize the allocation of resources the value target of conflict,it is also a practice misused to solve the difficulty.Therefore,this article studies the judicial practice,the defendant pleaded guilty of trial forfeit made no verdict appeal cases,based on the analysis of the appeal in the process of the problems,the parties to the court,procuratorate,the defendant pleaded guilty to return to forfeit from system itself to explore whether the present stage our country should limit the right of appeal of forfeit their case the defendant pleaded guilty,And in the case of guilty plea whether should carry out the principle of no additional punishment on appeal,to provide some of their own opinions.The body of this paper is mainly divided into three parts: The first part introduces the leniency system of guilty plea,the right to appeal,the principle of no additional sentence on appeal,as well as the connotation of applying the principle of no additional sentence on appeal in the case of guilty plea,and also introduces the focus of controversy in the theoretical circle about the application of the principle of no additional sentence on appeal in the case of guilty plea.The second part of our country pleaded guilty to forfeit their cases,analyzing the present situation and problems of the practice of the defendant appeal to more intuitively,pleaded guilty in special case retrieval method of poly forfeit their appeal case,and then discuss from three aspects: the defendant,the people's procuratorate and court appeal additional punishment principle used in the process of the problems and the reasons.Extraterritorial similar system in the third part of the defendant's on how to set up his right to appeal,sum up experience,in order to get a referent,and analyzes the our country present stage should guarantee the cause of the right of appeal,the defendant confessed forfeit their case and then put forward the our country from three aspects how to protect the interests of the defendant appeal system of no additional punishment,on the basis of Enhance the lawsuit efficiency to forfeit their case,specific as follows: through appeal to carry out additional punishment principle in a plea forfeit their cases,guarantee the defendant right of appeal,safeguard judicial justice and improve litigation efficiency,by means of simplified criminal procedure by perfecting the relevant supporting measures to guarantee the defendant pleaded guilty of voluntary and legitimacy.