Study On Appellate System Of Guilty Plea Case

Since the system of leniency of guilty plea was implemented on a pilot basis and written into the Criminal Procedure Law in 2018,it has been a controversial issue in the theoretical circle whether to restrict the defendant’s right to appeal in the case of guilty plea.Some researchers argue that the defendant’s right to appeal should be restricted from the perspective of improving judicial efficiency by lenient system of guilty plea.Prosecutors’ targeted protest against appeals by defendants in cases of guilty pleas has also been written into documents of judicial interpretation.However,many researchers are concerned about the fact that the appeal right of guilty plea defendants cannot be guaranteed and call for comprehensive protection of their appeal right.This paper starts from the connotation and function of the defendant’s appeal right of guilty plea,through absorbing the existing theories and combining with judicial practice,to clarify the dilemma of the defendant’s appeal mechanism of guilty plea plea,and puts forward the idea of improving the relevant system.Specifically,this paper studies from the following four aspects:The first part is an overview of the defendant’s appeal right.First of all,starting from the definition of the defendant’s appeal right of guilty plea,the specific meaning of the object of this paper is clarified.Secondly,based on the connotation of the defendant’s right to appeal,and from the perspective of the justice value of the criminal procedure law,this paper expounds its functions of balancing the power of both prosecution and defense,preventing the exposition of unjust,false and wrong cases,and protecting human rights.Finally,it introduces various research viewpoints on the appeal right of the defendant in the theoretical circle,and evaluates various viewpoints based on the affirmation of the total reservation theory and the reference and absorption of the restriction theory.The second part is the analysis of the defendant’s appeal status.Through the analysis and study of the criminal judgments appealed by guilty plea defendants in recent years,the following characteristics are summarized: first,the appeal ratio of guilty plea defendants is low;Second,in the appeal of the defendant,there is an implicit intention to "stay in prison" situation;Thirdly,the appeal behavior of the defendant will lead to the "targeted protest" of the procuratorial organ;Fourth,when the defendant appeals only on the grounds of excessive sentence,he cannot be protected by the principle of "no additional punishment on appeal" because of the prosecution’s protest.The third part is the research on the realistic dilemma of the defendant’s appeal mechanism.There are the following practical dilemmas in the defendant appeal mechanism of guilty plea: First,"targeted" protest violates the original intention of legislation.The appeal of the defendant is not the situation that should be protested according to the provisions of the Criminal Procedure Law,"targeted" protest is against the requirements of procedural justice;Second,the defendant for "stay to serve the sentence" there is unreasonable appeal situation.The appeal of the defendant for "stay to serve his sentence" is not caused by the leniency system of confession and punishment.The reason is that the starting point of the calculation of residual punishment is not clear,and the root cause is the contradiction between efficiency and fairness.Thirdly,the appeals of some defendants cause judicial resources to be wasted unnecessarily;Fourth,the post-supervision of the first instance and the "normal" non-hearing of the second instance make it difficult to determine whether to voluntarily plead guilty to punishment;Fifthly,the false omission of duty lawyer leads to the difficulty in guaranteeing the voluntariness of confession and the increased possibility of the defendant to appeal.The fourth part is the idea of perfecting the system of appeal right of the defendant.The improvement of the defendant appeal system of guilty plea is mainly carried out from five directions: first,to construct the pre-trial diversion mechanism of the defendant appeal cases of guilty plea.For those who meet the subjective and objective conditions of "stay in prison",the court of first instance will review and approve;Second,the second trial can explore the system of independent trial;Third,to implement the "substantive" trial of appeals in the second instance procedure,clarify the hearing center of the second instance and whether to hold a court session,and clarify the way of judging appeals under different circumstances;Fourthly,protect and appropriately expand the role and rights of duty lawyers;Fifth,through the legislative way to clarify "targeted protest" should be modest.Combined with the above discussion,this paper aims to clarify theoretically that the defendant’s right to appeal should be fully guaranteed in the case of guilty plea,and the degree of careful use of "targeted protest" in the procuratorate should be improved,which is the due meaning of system reform and perfection.On the basis of the above directions,the duty lawyer system should be implemented,the rules of second instance adjudication should be clarified,and the waste of judicial resources caused by unreasonable appeals should be reduced.Only in this way can the justice value of criminal proceedings be truly maintained and the leniency system of guilty plea be given a long life.