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Academic Journal of Humanities & Social Sciences, 2022, 5(13); doi: 10.25236/AJHSS.2022.051313.

Research on the Rationality of Punitive Protest in the Leniency System

Author(s)

Zhou Fei

Corresponding Author:
Zhou Fei
Affiliation(s)

Nanjing University of Science and Technology, Nanjing, China

Abstract

The judicial interpretation of the Supreme People's Procuratorate's introduction of the judicial interpretation of the sentencing recommendation on confession and punishment has put forward three kinds of protest situations, which affirms the protest of the procuratorate against the defendant's unreasonable appeal. Disciplinary protest is a mode of incidental protest based on the defendant' s appeal. The criticism that punitive protest is the abuse of the right of prosecution and irrational justice always exists. In view of this, this paper intends to take the types of defendants ' appeals in China's practice as samples, analyze the rationality of disciplinary protests in the system of pleading guilty and accepting punishment from multiple dimensions and angles, reveal the relationship and existing problems between appeals and protests in the current system of pleading guilty and accepting punishment, discuss the shortcomings in the operation of this system, summarize the objective obstacles faced by China in introducing the system of pleading guilty and accepting punishment, and put forward targeted suggestions.

Keywords

Leniency of guilty plea; Legal appeal; Protest

Cite This Paper

Zhou Fei. Research on the Rationality of Punitive Protest in the Leniency System. Academic Journal of Humanities & Social Sciences (2022) Vol. 5, Issue 13: 67-71. https://doi.org/10.25236/AJHSS.2022.051313.

References

[1] Cheng Long.(2021). How to punish protest: Normative interpretation of non-penalty appeal——"Yu case"-based discussion. Journal of Gansu University of Political Science and Law (04), 101.

[2] Ju Mingliang.(2021). On the ought-to-be mode of the relief procedure of confession and punishment. Journal of Northeastern University ( Social Science Edition ) (04),77-78.

[3] Dong Kun.(2019). Research on retention appeal in leniency cases. Inner Mongolia Social Sciences ( Chinese Version ) (03),118.

[4] Bu Yangyang.(2021). On the Relationship between the Right of Appeal and the Right of Protest under the Leniency System. Law Magazine (04),122.

[5] Zhang Jun.(2012). Speech at the teleconference on the implementation of the decision of the national court to amend the criminal procedure law. Criminal Trial Reference (02),153-154.

[6] Zhang Wei, Li Lei.(2019). The Defendant ' s Repentance Appeal Should not Increase the Penalty after Applying the System of Guilty Plea, Wechat public number " Criminal Memorandum ",Uploaded on 5 April 2019.