NAVIGATING JUSTICE AND EFFECTIVENESS: PROGRESSIVE INSIGHTS INTO THE APPEAL RIGHTS OF DEFENDANTS IN CONFESSION-DRIVEN CASES

The Chinese Criminal Procedure Law includes a no-cause appeal system, providing comprehensive protection without requiring a review of the appellant's request. Current academic research primarily focuses on the abuse of appeal rights in cases involving confessions and punishments. The tension between the values of "fairness" and "efficiency" in the criminal litigation system intensifies when dealing with leniency systems for confessions, punishments, and appeal procedures, leading to significant debate in the academic community regarding limitations or prohibitions on the right to appeal. This article takes a materialist and dialectical perspective to balance the relationship between "fairness" and "efficiency" by expanding the theory supporting the right to appeal and distinguishing various theories. It aims to establish the necessary relationship between the right to appeal and the right to protest.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-09-30
DOI
https://doi.org/10.5281/zenodo.13861344
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
0.00
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article

NAVIGATING JUSTICE AND EFFECTIVENESS: PROGRESSIVE INSIGHTS INTO THE APPEAL RIGHTS OF DEFENDANTS IN CONFESSION-DRIVEN CASES

Zenodo (CERN European Organization for Nuclear Research)
Criminal Law and Evidence
article

NAVIGATING JUSTICE AND EFFECTIVENESS: PROGRESSIVE INSIGHTS INTO THE APPEAL RIGHTS OF DEFENDANTS IN CONFESSION-DRIVEN CASES

article en

Abstract

The Chinese Criminal Procedure Law includes a no-cause appeal system, providing comprehensive protection without requiring a review of the appellant's request. Current academic research primarily focuses on the abuse of appeal rights in cases involving confessions and punishments. The tension between the values of "fairness" and "efficiency" in the criminal litigation system intensifies when dealing with leniency systems for confessions, punishments, and appeal procedures, leading to significant debate in the academic community regarding limitations or prohibitions on the right to appeal. This article takes a materialist and dialectical perspective to balance the relationship between "fairness" and "efficiency" by expanding the theory supporting the right to appeal and distinguishing various theories. It aims to establish the necessary relationship between the right to appeal and the right to protest.

Zenodo (CERN European Organization for Nuclear Research)
University of California, Santa Cruz (US), Universidad Nacional del Oriente (BO)
Peace, Justice and strong institutions
Openalex Percentile: Top 32%
Criminal Law and Evidence
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