A Study On The Defendant's Appeal In Plead Guilty And Leniency Cases

The Leniency System for the Admission of Guilt and Acceptance of Punishment has gone through these processes among the fast-track criminal trial procedure,the experiment of the system of confession and punishment,and the system of the confession and punishment written into the legal system.It took two years and one month to pilot through the system until the final provision was made in the law.The number of cases for confession and punishment gradually increased with the application rate.The appearance of the defendant's appeal problems exposed the drawbacks of the the confession and punishment' system.Owing to the lack of guidance from the appeals system,the manner in which such cases are handled varies.There is still no conclusion on how to set up the defendant's appeal right in the academic community.Therefore,we should look for the best scheme to set up the defendant's appeal right from the system design and value analysis.The improvement for confession and punishment' cases has certain construction significance to perfect the appeal system.The thesis is divided into five chapters.The first chapter analyzes the current situation of the defendant's appeal system and finds out that there are four problems in practice,including discretionary advice leads to challenge jurisdiction,risk to the authenticity of the agreement between the parties,the defendant's untrue guilty confession and the risk of abusive prosecution,and lack of duty counsel.The damage to the rights of the defendant caused by the deviation of the prosecution system,the trial system and the defense system is the fundamental reason for the defendant's appeal.The second chapter summarizes the three plans for setting up the right of appeal for the defendant: depriving the right of appeal and closing the defendant's right to remedy channels,which is to utilitarian;retaining the right of appeal damages the value of efficiency and violates the purpose of the system of pleading guilty and punishing;restricting certain conditions for the right of appeal.It may be the best solution to achieve a balance between efficiency and justice.The third chapter analyzes typical prosecution and defense negotiation systems outside the territory,and finds the common points of simplifying litigation procedures,emphasizing the voluntary nature of the defendant,ensuring substantive justice,limiting the defendant's right to appeal,and absorbing refined procedural design ideas.The fourth chapter proposes the optimal plan of the appeal system for plea of guilt and punishment of the defendant,which should satisfy the unity of economic and social benefits at the level of legal benefits,and the balance of efficiency and justice at the level of value.The fifth chapter proposes that restricting the defendant's right to appeal is the best solution to satisfy the conditions of legal benefit and value.To limit the defendant's right to appeal,these four objectives which include achievement of substantive agreement between the prosecution and defense negotiations,prohibition of the appeals against appeals,substantive legal assistance from on-duty lawyers can only be achieved by refining the two measures between the improvement of the appeal review system and its preferential programs.By taking the above measures,a system of appeal review with four sentencing ranges,three review methods,three sentencing errors,and one factually wrong appeal grounds is constructed and the corresponding examination method of the defendant is included in the judgment.