A Study on the Grade System of Pleading Guilty and Accepting Punishment—From the Perspective of Intersubjectivity

Abstract

The right of remorse is not only the voluntary guarantee of the case of pleading guilty and accepting punishment, but also the source of the accused’s appeal. Protest is a confrontation between the right of remorse and the court of first instance’s failure to adopt the sentencing recommendation of the prosecution, and this confrontational contradiction always exists, which stems from the failure to put the characteristics of guilty plea and punishment admitting into the second instance procedure. Standardizing the right of remorse, establishing the system of cause appeal, classifying the reasons for protest and adjusting the scope of the second trial are helpful to resolve the conflicts in the system of admitting punishment and adjudication, and use intersubjectivity to break through the tension between litigation justice and litigation efficiency.