认罪认罚案件的上诉、抗诉问题研究

Study on the Appeal and Protest of the Case of Guilty Plea

认罪认罚从宽制度是近年来我国刑事诉讼制度改革的新亮点和新尝试。自2014年开展试点工作以来,通过积极探索刑事裁量新方式,有效减轻刑事办案压力,优化了司法资源配置。但由于施行时间不长,该类案件在上诉、抗诉问题上仍存在较多争议。包括适用认罪认罚程序的被告人是否享有上诉权、行使上诉权是否影响案件裁量结果,以及检察院抗诉权与被告人上诉权是否存在适用冲突等问题。该文试图以此为角度,分析抗诉权与上诉权在理论和实践中的适用矛盾,为完善该项制度提供参考。

The system of leniency to those who confess their crimes and admit their punishment is a new bright spot and a new attempt in the reform of China's criminal procedure system in recent years.Since the start of the pilot project in 2014,the pressure on handling criminal cases has been effectively reduced and the allocation of judicial resources has been optimized by actively exploring new ways of criminal discretion.However,since the implementation of the time is not long,such cases are still more controversial in therespects of appeal and protest,including the issues of whether the defendant who applies the procedure of pleading guilty has the right to appeal,whether the exercise of the right to appeal affects the outcome of the case,and whether there is a conflict between the right to protest of the defendant and the right to appeal of the defendant.This paper tries to analyze the conflict of application between the right of protest and the right of appeal in terms of theory and practice in order to provide reference for perfecting the system.