Comment On The Criminal Judge Discretion

Judge decides after deliberation the power is freely in the court trying concrete process, in order to realize the judicial goal and the maintenance judicature is just, judge has certain independent explanation law, is suitable the law freely, uses judgment to make the decision the authority.Criminal judge decides after deliberation the power freely because its substantive characteristics becomes the remarkable symbol which the judicial system consummates.Criminal judge decides after deliberation the power to display freely by the legal regulations.Theorists to criminal judicature in whether exists decides after deliberation the power existence dispute freely, and the scholar decides after deliberation the power to criminal judge the elaboration extremely to be also few freely.The author through and profits from the overseas related legal regime to our country criminal activity legal regime research, hoped for consummates our country criminal activity judge to decide after deliberation the power freely.This article altogether is divided four parts, the full text approximately 35,000 characters.First part, outline.In decides after deliberation the power conceptual analysis to judge in the foundation to summarize criminal judge freely to decide after deliberation the power freely the concept, and carries on the summary to its characteristic, for as follows elaboration definition scope..The second part, narration criminal activity judge decides after deliberation the power freely the scope.Criminal judge decides after deliberation the power to exercise freely has its legal rule scope.This article in this part pointed out explicitly our country criminal activity judge decides after deliberation the power freely in the criminal prosecution scope..The third part, elaborated criminal judge freely decides after deliberation the principle which the power exercises. Judge decides after deliberation the power to exercise freely cannot not have the boundary, freely decides after deliberation seven principles in this part of elaboration criminal activity judge which the power exercises should follow.The fourth part, discusses to our country criminal activity judge decides after deliberation the power to carry on the moderate rules and regulations freely the method. Through to the overseas rules and regulations method summary, to domestic rules and regulations method reconsidering, explains consummates our country criminal activity judge to decide after deliberation the power rules and regulations freely the method.