Study On The Defendant’s Appeal Right Under The Lenient System Of Guilty Plea

At present,there are many problems in the judicial situation,such as fewer cases and fewer judicial resources.The introduction of leniency system of guilty plea deals with these problems in a targeted way.It has been five years since the system of leniency of guilty plea was established.With the implementation of the system,problems also appear,such as the defendant’s right to appeal.Due to the lack of comprehensive provisions of current laws and judicial interpretations on appeals of defendants in guilty plea cases,the defendant often appeals for various reasons after obtaining leniency through guilty plea in judicial practice,which leads to the second trial.To this,each judicial organ responds differently.If this problem cannot be effectively solved with a unified standard,the legitimate rights and interests of defendants cannot be fully protected and judicial efficiency can not be improved.In this paper,the defendant’s right to appeal under the leniency system of guilty plea as the research direction,intends to elaborate and analyze the defendant’s right to appeal under the leniency system of guilty plea from the following aspects.First of all,by looking up the current laws and relevant provisions,and combining with the defendants’ appeals in 2021 guilty plea cases in Liaoning province,the analysis is made.Enumerate the defendant’s reasons for appeal,the verdict of the court of second instance,and the measures taken by other relevant judicial authorities to find the problem.Secondly,it analyzes the theory of "affirmation","negation" and "limitation".After weighing the pros and cons of all the arguments,this paper supports the "limitation theory".Thirdly,this paper compares and analyzes the provisions of the defendant’s right of appeal in the plea negotiation systems of the United States,Germany and Chinese Taiwan,and finds that the restriction of the right of appeal should be considered in combination with the severity of the crime and the legitimacy of the first instance judgment.Therefore,based on the restriction theory,this paper finally established the "cause appeal" system of the defendant in the lenient case of guilty plea,and restricted the "technical appeal" by limiting the scope of application of the right of appeal and establishing the system of examining the legitimacy of the reason of appeal.At the same time,we should strengthen the voluntary notification of guilty plea,improve the duty lawyer system,and promote the precision of sentencing suggestions to ensure the defendants to obtain effective defense and fair trial.In order to solve the problem that the defendant abuse the right of appeal under the lenient system of guilty plea.