China Standardization On Judicial Discretion

The core content of judicial discretion, while the main body of the exercise of discretion is the judge, in a specific case during the trial, the judge is through the exercise of discretion to achieve justice.At present, China's ongoing third five-year court reform, reform involves various aspects. How to treat them the discretion of the judge, the judge discretion on how they should regulate that we must face the problem must be solved. Firstly, in order to judge the meaning of discretion for the start point, the judge discretion on the theory of system analysis, through analysis and comparison of common law and civil law judicial discretion, judges come to enjoy and exercise discretion is inevitable. Then the judge at this stage of the exercise of discretion and the reasons for the problems to be analyzed, obtained the right of judges to exercise discretion to give guidance and protection is very important. Finally, the judge in order to prevent the abuse of discretion to regulate and make a few comments and suggestions: It should be inside the court building to improve and strengthen the Court's external security, and improving the overall quality of judges, based on mobilization of the judge the legitimacy of the exercise of discretion and enthusiasm to achieve justice, to achieve social harmony and unity with the law.