A Study On The Appeal Right Of The Prosecuted In The Case Of Pleading Guilty And Punishment

As the embodiment of the diversification trend of criminal proceedings in China,the leniency system of guilty plea and punishment was formally established as a legal system in2018 after summarizing the practical experience of the pilot areas since 2016.Through the screening of cases,the leniency system of guilty plea and punishment realizes the diversion of complicated cases,improves the efficiency of litigation,optimizes the allocation of judicial resources,and effectively alleviates the judicial dilemma of more people and less people in grassroots courts.However,at present,the construction of the leniency system of confession and punishment in China is not perfect.The relevant system provisions focus on the criminal first instance procedure,while the provisions of the criminal second instance procedure are relatively lagging behind.In addition to the second instance procedure in the case of speedy sentencing,the Criminal Procedure Law does not make special provisions on the appeal of the accused in the case of confession and punishment.The lag of legislation leads to the difficulty of ensuring the unity of norms in judicial practice,which leads to many problems in the application of the leniency system of guilty plea and punishment.In judicial practice,the defendant ’ s right to appeal cannot be substantively guaranteed,and even the public prosecution authorities have the right to protest against the defendant ’ s right to appeal.The fundamental reason is that the system of leniency in guilty plea and punishment is not perfect.The right to appeal,as an important litigation right for the defendant to realize the right relief,should be effectively guaranteed.It is of great practical significance to improve the leniency system of guilty plea and punishment,realize the reasonable connection between the first instance procedure and the second instance procedure of guilty plea and punishment cases,and study the right of appeal of the accused in guilty plea and punishment cases.By constructing the review system of appealing grounds and establishing the discretionary appeal system of pleasing guilty and accepting punishment cases,the number of second instance cases of pleasing guilty and accepting punishment can be controlled while ensuring that the accused has the right to appeal,and the abuse of the right to appeal can be effectively prevented.At the same time,the original framework of criminal second instance procedure can be broken through,and a new diversified appeal model can be constructed,so as to give full play to the institutional value of the leniency system of pleasing guilty and accepting punishment.