Journal of Northeastern University(Social Science) ›› 2021, Vol. 23 ›› Issue (4): 76-83.DOI: 10.15936/j.cnki.1008-3758.2021.04.010

• Law • Previous Articles     Next Articles

On Proper Mode of Relief Procedure of Pleading Guilty and Accepting Punishment

JU Mingliang   

  1. (School of Law, Tsinghua University, Beijing 100084, China)
  • Published:2021-07-30
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Abstract: In the practice of following the relief procedure of pleading guilty and accepting punishment, there are three kinds of appeal modes: technical detention appeal, legal sentencing appeal and fact appeal. There are also two types of protests by the procuratorial organs: supplementary punishment protest based on the defendant's appeal and independent supervision protests based on the procuratorial's objective obligation. In addition to the conflict of power discourse and legal interests caused by different litigants' leniency, it also stems from the dispute between the prosecution and the defense over the boundary of right derogation centered on the defendant's right of appeal, as well as the difference in the recognition of trial level function caused by the plea relief procedure. In this regard, it is necessary not only to clarify the relief guiding principle of the review of appeal points, which takes the defendant's right of appeal as the core, but also to build a quantitative review mechanism of appeal reasons and a typed adjudication mechanism of relief cases. It also needs to complement and perfect some procedural elements in the first instance stage, and standardize and systematize the negotiation procedure of confession, punishment and sentencing.

Key words: pleading guilty and accepting punishment; right of appeal; consultation of prosecution and defense; sentencing proposal; judicial integrity

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