A Study On The Right To Plead Guilty And Punish

Order and efficiency are two important value orientations of the procedure system of confession and punishment.Since the implementation of the guilty plea and punishment system,the procuratorial organ,as the leading organ in the operation of the leniency system of guilty plea and punishment,has tried its best to promote the defendant to plead guilty and punishment in the examination and prosecution stage and issue accurate sentencing suggestions to the judicial organ.The judicial organ still needs to review the cases of confession and punishment transferred by the procuratorial organ according to law,and not all the facts,charges and accurate sentencing suggestions charged by the procuratorial organ are accepted according to the order.The procuratorial organ initiated a protest against the failure of the judicial organ to support the prosecution,the failure to adopt the sentencing proposal,and the appeal of the defendant.The procuratorial organ filed a protest against the case of pleading guilty and admitting punishment,and there was an irrational protest of wrestling between the procuratorial power and the judicial power,confrontation and restraining the defendant’s appeal,which deviated from the provisions of article 228 of the criminal procedure law that the protest should be filed only when there is an error in the judgment and ruling.The protest without legal basis of the procuratorial organ is the abuse of the right of appeal,which prolongs the trial cycle of the case,increases the judicial cost,and leads to the failure of the efficiency value purpose of the confession and punishment system,resulting in the defendant’s long-term uncertain prosecution and restraining the exercise of the right of appeal.Taking "guilty plea and punishment","protest" and "second instance" as the key words,the author searches through the Chinese judicial document network and collects the data presented in 153 judgments of guilty plea and punishment protest cases,which is enough to prove that the operation of the protest system in guilty plea and punishment cases deviates from the legal cause of protest.Even if the court of second instance ruled that it did not support the protest of the procuratorial organ,the second instance of a protest case against the procuratorial organ must also be heard in court according to the provisions of the criminal procedure law,resulting in additional judicial costs and reduced litigation efficiency.The protest filed by the procuratorate in the case of pleading guilty and admitting punishment is reflected in the level of litigation theory,which is manifested in the legal conflict of the causes of pleading guilty and admitting punishment,the power restriction between the procuratorate and the court,the confrontation between protest and appeal and so on.The value of the procedure of pleading guilty and admitting punishment has diversity,which can be attributed to the eternal litigation value goal of justice and efficiency.The handling of guilty plea and punishment cases takes into account justice and efficiency,and the value balance between the two.The guilty plea and punishment procedure is more inclined to give priority to efficiency,which should be followed by the three litigation subjects of procuratorial organs,judicial organs and defendants.Based on the legal supervision power conferred by the law,the procuratorial organ shall lodge a protest against the court’s judgment,but shall not abuse and interfere with the independent exercise of the judicial power and erode the defendant’s right of appeal conferred by the law.The operation of the protest system of guilty plea and punishment should be carried out according to law and should not damage the efficiency and value purpose of the procedure of guilty plea and punishment.Therefore,it is necessary to improve the operation and management mechanism of the protest system of guilty plea and punishment,clearly standardize the protest causes of guilty plea and punishment cases,and accurately grasp the legislative spirit of the protest system.At the same time,we should improve the application system of sentencing suggestions,improve the accuracy of sentencing suggestions of procuratorial organs,and strengthen the cooperation and contact with judicial organs in sentencing suggestions.In the protest system of guilty plea and punishment,promote the coordination and mutual restriction among the defendant,procuratorial organ and judicial organ,and improve the processing efficiency of guilty plea and punishment cases.