Study On The Second Trial Procedure Of Confession And Punishment Cases

The plea leniency system was formally established in the Criminal Procedure Law in 2018,and the reform process of the plea leniency system has officially begun in the field of criminal justice in China.In principle,the scope of application of the plea leniency system is very broad,and any criminal case or any part of the criminal procedure can be applied to the system.The application rate of the system in current judicial practice is also high,effectively alleviating the pressure of the judicial organs with many cases and few people,while also helping to promote the optimal allocation of judicial resources and improve the efficiency of criminal proceedings.However,China has not yet made special provisions for the second trial procedure of plea cases,and the procedures applied in the second trial stage of plea cases are no different from those of ordinary cases,so it does not reflect the special nature of the procedure in the second trial stage.Combined with the less controversial nature of the plea case itself,the application of the ordinary second instance procedure is likely to lead to the waste of litigation resources and prolonged litigation cycle in such cases,which is not conducive to the realization of the efficiency value of the plea leniency system.Therefore,it is necessary to carry out special design and regulations for the second trial procedure of plea cases,in order to meet the value objective of the plea leniency system,realize the efficient handling of cases,and avoid the waste of judicial resources and the reduction of litigation efficiency.Therefore,the article firstly defines the procedure from the theoretical point of view,and clarifies the specificity and importance of the procedure as well as the theoretical basis on which the procedure is constructed.After that,the article turns to the judicial practice,mainly from three aspects: appeals by the pursued person,protests by the procuratorial authorities and court hearings,combining the data of practical cases to clarify the current practice status of the second trial procedure of plea cases,and then,on the basis of this practice status,finds and sorts out the existing problems of the second trial procedure of plea cases,such as the proportion of blank appeals by the pursued person is too high,the protests by the procuratorial authorities are mainly to suppress The problems such as the high proportion of blank appeals by the accused,the protest of the procuratorial authorities to suppress the appeals of the accused,and the complicated way of hearing by the court of second instance.Finally,in view of the current problems in the practice of the second trial procedure of plea cases,the ideas and opinions of establishing the review procedure of appeal grounds,regulating the protesting behavior of the procuratorial organs,and establishing the principle of limited review are proposed to provide a path for the improvement of the second trial procedure of plea cases,thus highlighting its special characteristics in the procedure and ensuring the efficient and smooth implementation of the procedure of plea cases.