Academic Journal of Humanities & Social Sciences, 2023, 6(17); doi: 10.25236/AJHSS.2023.061701.
Qizhen Chen
Law School, China Jiliang University, Hangzhou, Zhejiang, 310000, China
The leniency system for confession and punishment is an important manifestation of the implementation of the criminal policy of combining leniency with severity in China's criminal litigation system. In practice, there has been a situation of defendant's "technical appeal". However, the appeal rate for cases of pleading guilty to punishment has always been at a low level, and even appeals based on "excessive sentencing" may be reasonable. And in terms of the dialectical relationship between "efficiency" and "fairness", the current insufficient protection of the rights and interests of the defendant, and the insufficient motivation to restrict or prohibit the right to appeal, violate the principle of proportionality. China should adhere to the current theory of supporting the right to appeal, safeguard the legitimate rights and interests of the defendant, improve efficiency without damaging fairness, and coordinate the natural relationship between the right to appeal and the right to protest.
Confession of guilt and punishment, technical appeal, right of appeal
Qizhen Chen. The Development of the Defendant's Right to Appeal Support Theory in the Case of Confession of Crime and Punishment. Academic Journal of Humanities & Social Sciences (2023) Vol. 6, Issue 17: 1-6. https://doi.org/10.25236/AJHSS.2023.061701.
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