The Complementary Role of English Judges in Guilty Plea System and Its Enlightenment
In order to efficiently handle the large amounts of cases and alleviate the burden on the criminal justice,Britain has established and developed a judge-led system of guilty plea and sentencing discount.To safeguard the legitimacy and legality of the system,British judges review the facts of the crime to ensure the authenticity of the basis of defendant's plea;they inform the defendant of the maximum penalty upon his or her application in advance so as to help the defendant make a rational decision to plead guilty;and exercise prudent discretion in determining the discount of sentence with sophisticated legal norms.The complementary role of the British judges in independently reviewing the case facts,cautiously fulfilling their obligation to inform,and strictly complying with discretionary norms has certain reference significance for the improvement of China's leniency system for admitting guilty and accepting punishment.We should pay attention to the substantive review of the authenticity of the guilty plea and further optimize the informing of the rights of the defendant,and refine the discretionary basis judge's sentence with leniency,thereby promoting the better development of the system for imposing lenient punishments on those confessing their crimes and accepting punishments.
万方数据
维普
