Case Analysis For Abuse Of Jurisdiction Free Discretion

On the premise that social life is sustained evolution and that legislation is lagging behind, the existence of judicial discretion has its inevitability, and is the important manifestation for the trial organization or judge to play its subjective initiative and has an indispensable role in promoting. However, abuse of judicial discretion is still very serious. And it is common to encounter many cases of abuse of judicial discretion in the three major procedural law in our country, which is one of the causes of judicial corruption and judicial injustice. It is the year of tackling judicial reform, and imitating and regulating judicial freedom and abuse of discretion is the key link. Abuse of jurisdiction discretionary power is comprehensively analyzed through a group of cases in the three lawsuits areas and meaning of judicial discretion is generalized while its contents is broadened. Meanwhile, there are a series of theoretical innovation, such as the proposed general and narrow judicial discretion, the positive and negative abuse of judicial discretion, the sixth power that are new concepts and theories, which provide a new perspective of research for the expects and scholars, and which provide a new theoretical basis to the reformers to judicial system and work, to do some modest contribution to the current reform and to promote constructing a judicial modernized and harmonious society.