认罪认罚从宽处理后被告人的上诉权以及上诉后的处理，是我国认罪认罚从宽实践中争议较大的问题。从我国认罪认罚从宽的上诉制度以及与域外控辩协商制度中的上诉机制进行的比较中，可以看出，被告人在认罪认罚后享有反悔的权利，在判决做出之后也应允许被告人反悔上诉。上诉权是被告人的一项核心救济权，赋予上诉权有助于保障认罪认罚的自愿性和真实性。实践中，认罪认罚从宽后被告人上诉的原因大致分为以“事实不清，证据不足”为由、以“量刑过重”为由、以“其它理由”为由三种。“其它理由”包括因“留所服刑”从而提出上诉。我国刑事诉讼法所规定的二审全面审查原则和处理方式等在一定程度上不利于实现认罪认罚从宽制度的立法初衷，因此，我国未来立法有必要对认罪认罚从宽案件中被告人的上诉予以一定程度的限制；对于一审适用速裁程序的轻罪上诉案件，应仅允许被告人对量刑部分提出上诉，第二审法院对事实问题的审查时可以仅限于上诉或抗诉的部分。另一方面，为了在避免被告人无正当理由上诉与保障被告人无负担地对判决有误的案件提出上诉之间达到平衡，对于被告人以“量刑不当”为由提出上诉的案件，应允许检察院以抗诉方式进行监督。而对于被告人以“事实不清、证据不足”为由提出上诉的案件，为避免“上诉不加刑原则”虚化，应规范检察机关的抗诉权。此外，还应完善认罪认罚从宽案件二审的处理方式，二审法院审理速裁程序案件时发现被告人以“事实不清、证据不足”为由提出上诉，不一定非要直接发回重审，在法定情形下应查清事实后改判。对于因“留所服刑”而上诉的案件，有必要借鉴英国的损失时间指令制度。认罪认罚从宽案件的上诉制度还需要相关的配套制度加以保障，比如采取提高值班律师收入等措施以完善值班律师制度，通过在认罪认罚具结书中载明阶梯式量刑建议，完善认罪认罚具结书的签署程序。

The defendant's right to appeal after admitting guilt and accepting punishment, and post-appeal handling are the most controversial issues in the practice of the system of lenient punishment for the admission of guilt and acceptance of punishment in China. From the comparison between the appeal system of lenient punishment for the admission of guilt and acceptance of punishment in our country and the appeal mechanism in the extraterritorial plea bargaining system, it can be seen that the defendant has the right to repent after admitting guilt and accepting punishment , and should also allow the defendant after the judgment is made to appeal. The right of appeal is a core relief right of the defendant, and the right of appeal can help to ensure the voluntariness and authenticity of admission of guilt and acceptance of punishment. In practice, the reasons for the defendant's appeal after admitting guilt and accepting punishment are roughly divided into three types: "unclear facts, insufficient evidence", "excessive sentencing", and "other reasons". In "Other Reasons", an appeal is filed for wanting to "serving a prison sentence" included. The principles and processing methods of the second-instance comprehensive review stipulated in China's Criminal Procedure Law are not conducive to the realization of the legislative intention of the leniency for the admission of guilt and acceptance of punishment system. Therefore, it is necessary for China's future legislation to limit the defendant’s right of appeal in the admission of guilt and acceptance of punishment appeal case with a certain degree ; for the first-instance appeal cases that apply fast-track criminal trial procedure, only the defendant should be allowed to appeal the sentencing part, and the second-instance court's review of factual issues may be limited to the part of the appeal or protest. On the other hand, in order to strike a balance between avoiding the defendant ’s unjustified appeal and guaranteeing the defendant ’s appeal against the wrong judgment without burden, for the defendant ’s appeal on the grounds of “improper sentencing”, it should be allowed The procuratorate went through the inspection and supervision procedures. However, in cases where the defendant filed an appeal on the grounds of “unclear facts and insufficient evidence”, in order to avoid the falsification of the “non-adding penalty in appealing principle”, the procuratorate should not be allowed to protest; in addition, the handling of second-instance cases of the leniency for the admission of guilt and acceptance of punishment should be improved. The second-instance court found that the accused on the grounds of “unclear facts and insufficient evidence” to file an appeal, it does not necessarily have to be sent directly to the retrial, but the sentence can be changed under statutory circumstances after the facts are cleared. Besides, for cases appealed for “residence in prison”, it is necessary to learn from the UK ’s lost time instruction system. The appeal system for the leniency for the admission of guilt and acceptance of punishment cases also needs to be supported by relevant supporting systems, such as improving the on-duty lawyers ’income and other measures to improve the on-duty lawyer system and by setting up a stepped sentencing model in the admission of guilt and acceptance of punishment affidavit, the signing procedure of the admission of guilt and acceptance of punishment affidavit is perfected.