Abstract The guilty plea procedure is a unilateral hearing procedure rather than negotiation. The defendant should be empowered the Right of retraction after the verdict of first instance. In order to guarantee the operation of the right, the defendant should have a legitimate reason to exercise the right after the first Trial, and the reverse echelon correlation should be established between the time of retraction and the reverse onus. The dual limited protest mechanism and grading review mechanism of adjudication should be established.Distinguish “due” protest and “possible” protest, the penalty preference only can be cancelled in the case of protest, and can't be used as a strict basis.
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