Discussion on legal regulation of defendant's abuse of appeal right in guilty plea case
In the process of implementing the leniency system of guilty plea in China,there exists the prob-lem of the defendant's abuse of appeal right.The defendant's abuse of power to appeal violates the pur-pose of the leniency system,reduces the efficiency of litigation and wastes judicial resources,so it is neces-sary to regulate it from law.On the basis of China's legislative experience in regulating the abuse of appeal right by defendants in plea negotiation cases from outside the region and combining with China's judicial practice,we should legally regulate the abuse of appeal right by defendants in plea cases,construct the fil-tering mechanism of appeal grounds of the original court of plea cases,and establish the review mechanism of appeal leave of the second court of plea cases.Dealing with the relationship between protecting the de-fendant's appeal right and regulating the abuse of appeal right can make the system of leniency of guilty plea run orderly.
guilty plea casedefendantsabuse of the right of appealregulation
万方数据
维普
