On the Regulation and Improvement of the Right of Prosecutorial Counter-Appeal in Plea Bargaining

Guofeng LIN

Abstract


Plea bargaining, one of the top-level system design priorities in China’s judicial reform, was officially written into the 2018 amended Criminal Procedure Law of the People’s Republic of China. A comprehensive legal system of substantive and procedural regulations combined, plea bargaining has undoubtedly set off a craze for the theoretical study of criminal procedure and made invaluable assets in it. In plea bargaining, however, how prosecuting authorities exercise the power of supervision is rarely learned. Given that, this paper will explore how prosecuting authorities deal with cases where the accused appeal for a lenient sentence after agreed plea bargains and how they exercise the power of supervision to avoid the dilemma of “prosecutorial counter-appeals in response to appeals” and get rid of misunderstandings of trial supervision. 


Keywords


Plea bargaining; Right of appeal; Right of prosecutorial counter-appeal; Legal supervision

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References


Bao, J., & Chen, S. X. (2019). Judicial supervision of the defendant’s appeal in plea bargaining. People’s Procuratorial Semimonthly, (12), 57-60.

Chen, G. Q. (2020). Analysis of controversial issues of plea bargaining III. Legal Daily, 11 May, 2020. See the website https://www.spp.gov.cn/spp/zdgz/202005/t20200511_460745.shtml.

Dong, K. (2019). On appeals to stay in detention centre in cases of lenient treatment for admission of guilt and acceptance of punishment. Inner Mongolia Social Sciences (Mandarin version), 40(03), 117-124.

Han. X. (2020). Potential problems in the implementation of plea bargaining. Research on Rule of Law, (3), 52-59.

Hao, H., & Yao, F. (2018). A study on the right of rescission of the accused – Centering on voluntary guarantee mechanism of the leniency system of guilty plea. Journal of Political Science and Law, (4), 49-59.

Hu. Y. T. (2020). Interpretation and application of plea bargaining (p.280). People’s Court Press.

Li, F. F. (2020). Comments on Yu Jinping’s traffic offense – Jurisdiction free from restraints of the right of action. China Law Review, 18 April.

Zhang, J. (2019). Questions concerning prosecution. People’s Procuratorial Semimonthly, (13), 5-11.




DOI: http://dx.doi.org/10.3968/11932

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