Research on the Appeal Issues in Cases Involving Admission of Guilt and Acceptance of Punishment

认罪认罚从宽制度作为我国刑事诉讼制度改革的重要组成部分,旨在通过简化诉讼程序实现优化司法资源配置、提升诉讼效率的目的,是贯彻宽严相济的刑事政策的重要表现。然而,随着该制度的广泛适用,被追诉人在一审后反悔并提出上诉的现象逐渐凸显,引发了理论和实务界的广泛关注。本文以认罪认罚案件中的上诉问题为研究对象,首先通过分析立法和司法现状,梳理了被追诉人上诉权的法律依据及司法实践中的处理方式。其次,结合具体案例,探讨了被追诉人上诉的主要动机,包括对案件事实和适用法律的质疑、量刑预期偏差以及投机性上诉等。最后,针对上诉问题引发的争议,本文反思了认罪认罚制度在实践中的困境,并提出了相应的破解路径,旨在平衡诉讼效率与程序公正,进一步完善认罪认罚从宽制度,维护司法公正。The system of leniency for admission of guilt and acceptance of punishment, as a significant component of the reform of China’s criminal procedure system, aims to optimize the allocation of judicial resources and enhance litigation efficiency by simplifying procedural processes. It represents an important manifestation of the criminal policy that balances leniency and severity. However, with the widespread application of this system, the phenomenon of defendants repudiating their initial plea and filing appeals after the first instance has gradually become prominent, attracting extensive attention from both theoretical and practical circles. This paper focuses on the appeal issues in cases involving admission of guilt and acceptance of punishment. Firstly, by analyzing the current legislative and judicial status, it outlines the legal basis for the defendant’s right to appeal and the handling methods in judicial practice. Secondly, through specific case studies, it explores the primary motivations behind defendants’ appeals, including challenges to the facts of the case and the application of law, discrepancies in sentencing expectations, and speculative appeals. Finally, in response to the controversies arising from appeal issues, this paper reflects on the practical dilemmas of the leniency system for admission of guilt and acceptance of punishment and proposes corresponding solutions. The aim is to balance litigation efficiency and procedural fairness, further refine the leniency system for admission of guilt and acceptance of punishment, and uphold judicial justice.

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Publication Details

Journal
Advances in Social Sciences
Published
2025-01-01
DOI
https://doi.org/10.12677/ass.2025.145375
Primary Topic
Regional Development and Environment
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article

Research on the Appeal Issues in Cases Involving Admission of Guilt and Acceptance of Punishment

悦荷 张
Advances in Social Sciences
Regional Development and Environment
article

Research on the Appeal Issues in Cases Involving Admission of Guilt and Acceptance of Punishment

悦荷 张
article en

Abstract

认罪认罚从宽制度作为我国刑事诉讼制度改革的重要组成部分,旨在通过简化诉讼程序实现优化司法资源配置、提升诉讼效率的目的,是贯彻宽严相济的刑事政策的重要表现。然而,随着该制度的广泛适用,被追诉人在一审后反悔并提出上诉的现象逐渐凸显,引发了理论和实务界的广泛关注。本文以认罪认罚案件中的上诉问题为研究对象,首先通过分析立法和司法现状,梳理了被追诉人上诉权的法律依据及司法实践中的处理方式。其次,结合具体案例,探讨了被追诉人上诉的主要动机,包括对案件事实和适用法律的质疑、量刑预期偏差以及投机性上诉等。最后,针对上诉问题引发的争议,本文反思了认罪认罚制度在实践中的困境,并提出了相应的破解路径,旨在平衡诉讼效率与程序公正,进一步完善认罪认罚从宽制度,维护司法公正。The system of leniency for admission of guilt and acceptance of punishment, as a significant component of the reform of China’s criminal procedure system, aims to optimize the allocation of judicial resources and enhance litigation efficiency by simplifying procedural processes. It represents an important manifestation of the criminal policy that balances leniency and severity. However, with the widespread application of this system, the phenomenon of defendants repudiating their initial plea and filing appeals after the first instance has gradually become prominent, attracting extensive attention from both theoretical and practical circles. This paper focuses on the appeal issues in cases involving admission of guilt and acceptance of punishment. Firstly, by analyzing the current legislative and judicial status, it outlines the legal basis for the defendant’s right to appeal and the handling methods in judicial practice. Secondly, through specific case studies, it explores the primary motivations behind defendants’ appeals, including challenges to the facts of the case and the application of law, discrepancies in sentencing expectations, and speculative appeals. Finally, in response to the controversies arising from appeal issues, this paper reflects on the practical dilemmas of the leniency system for admission of guilt and acceptance of punishment and proposes corresponding solutions. The aim is to balance litigation efficiency and procedural fairness, further refine the leniency system for admission of guilt and acceptance of punishment, and uphold judicial justice.

Advances in Social SciencesVol. 14(05)
Peace, Justice and strong institutions, Reduced inequalities
Openalex Percentile: Top 86%
Regional Development and Environment
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