On The Judges To Exercise Discretionary Power In Criminal

Criminal Justice Discretion is an important theoretical proposition, from a global point of view,the research in the field of legal theory and services have a major significance, whether common law or civil law countries, or the country a modern democratic society are admit criminal judges discretion, but in the current academic research is not in its system of norms, which the concept of discretion, legal characteristics, such as the legal basis of the academia is also no conclusion has been drawn to numerous scholarly articles related to the scope of very narrow, mainly targeted at the discretion of the criminal legislation and the exercise of reasonable control of the studies have remained at the initial stage, to always face the legitimate exercise of criminal misconduct discretion the dangers of inadequate understanding. Discretionary power to permit application of the law who have a high degree of initiative, this applies to the very cause for concern and may make some advocating a strict rule of law are some people uneasy, so the discussion of such questions of great significance . Criminal discretion is discretion in the problem area of criminal justice and other areas of discretionary power (civil, administrative), the Criminal discretion study are particularly important. Since criminal law is the most stringent law departments, legal departments are all the other protection law, the penalty is related to the use of the power of life or death over the parties, so the discussion in the field of criminal Discretion is extremely important theoretical topic. How to recognize the discretion of the criminal, how to assess the criminal value of discretion, the judge on how to obtain and to exercise discretion in criminal and many other questions before us.Introduce the first part is mainly discretionary power of criminal origin and characteristics of the concept and legal basis. Criminal discretion refers to the Penal Code are applicable to the process, involving officials of the Criminal Code applicable in the applicable rules of criminal law permit the scope of content, the right can take a variety of acts to make a choice. Criminal discretion dual nature, the use of appropriate can benefit the people, improper use of the harmful to the people. The second part of major research judges discretion scope of judges to exercise discretion in criminal divided into two stages, first stage of that truth; stage but the applicable law. For judges at each stage have different requirements. The main analysis of the third part of the criminal judge the exercise of discretionary power, including the basic principles, the impact of the exercise of discretion and the application of methods including the judge reasoning, criminal law applies to the interpretation and value measurement. Finally the fourth part analysis of criminal judges discretion on how reasonable the operation, starting with the current status quo analysis of the current problem of our judges found that the exercise of discretionary powers of criminal problems are because of the imperfect legislation, a judge on how much the lack of a rational exercise of power awareness and their own lack of the necessary quality. And from the four directions to explore the control of discretionary power to include legislative, judicial supervision and to standardize the quality of judges and other judges of the magistrate judge acts to ensure the legitimacy of discretionary activities, reasonable, and ensure that the law is fair, just the value of goals.