Research on the Rationality of Punitive Protest in the Leniency System

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.