Research On Judges' Power Of Discretion In Civil Action

The power of discretion has long been denied in China's traditional action theory, but with the development of the society, the judicial institutes are no longer mechanical judges, whose duty is not only settling disputes but influences public policy by the trial. Therefore, it is indispensable that judges owe and perform the power of discretion and there does exist a large amount of such cases in judicial practice. The scientism and authority of judicial activities would be impaired in the case of simply avoiding the matter, as a result ,it leads to lack of relative institutions and supervision of measures and unreasonable application of the power of discretion, finally it will damage the authority and safety of legal system and trample justice .In this paper ,commencing with the basic situation of judges' power of discretion ,the author testified the foundation of judges' power of discretion and analyzed the current situation of china, on the basis of investigation ,the author expects to make some efforts to perform the due power of discretion in civil action.