论认罪认罚从宽制度中被告人上诉权的限制与保障
Limitation and Protection of the Defendant’s Right to Appeal in the Leniency System of Confession and Punishment

新修刑事诉讼法出于考量诉讼效率价值的目的，构建起了认罪认罚从宽制度，但是对于被告人上诉权问题却并没有进行规范，致使实践中被告人异化上诉权规避刑罚的行为频发，出于上述考虑，应当对被告人上诉权加以限制。但上诉权作为一项涉及到重大人身自由的法定重要权利，在认罪认罚从宽制度中的应用情形也相当复杂，因此对上诉权的限制不可一概而论，应当在分析上诉权在我国认罪认罚从宽制度中的应用现状及利弊的基础上，以辩证思维、分层视角对我国认罪认罚从宽制度中被告人上诉权进行科学有效的设置，实现公平和效率的兼顾。
The newly revised Criminal Procedure Law has established a lenient system for pleading guilty and accepting punishment for the purpose of considering the efficiency and value of litigation. However, there is no regulation on the issue of the defendant’s right to appeal, which has led to frequent instances of the defendant’s alienation of the right to appeal and evasion of punishment in practice. Due to the above considerations, the defendant’s right to appeal should be restricted. However, as a legally important right involving significant personal freedom, the application of the right to appeal in the leniency system for confession and punishment is also quite complex. Therefore, the limitations on the right to appeal cannot be generalized. Based on the analysis of the current application status and advantages and disadvantages of the right to appeal in China’s leniency system for confession and punishment, a scientific and effective setting of the defendant’s right to appeal in China’s leniency system for confession and punishment should be carried out from a dialectical and hierarchical perspective, achieving a balance between fairness and efficiency.