Judicial Discretion

The discretion of the judge is the judge of legal norms and the specific legal facts in the process of combining two or more can be introduced when the legitimacy of the conclusions of the exercise of the option. The existence of the discretion of judges is an indisputable fact that the discretion of judges in the judicial activity completely eliminated neither possible nor necessary. However, Judicial Discretion, after all, its positive and negative side to side, we can do is Wei Qi legitimate the exercise of creating space and enhanced through the program's exercise of its legitimate and justified; Duiqi excessive discretionary space to be reduced in order to prevent its abuse and the expansion method.Based on the discretion of judges to understand several different start to explore the meaning of discretion, characteristics. Despite the presence of the judge discretion in history had a different idea, but, to date, the judge discretion of a judge has become a campaign issue can not be avoided. His presence and the characteristics associated with the law itself. Abstract legal concepts, standard, ambiguity is the fundamental reason for its existence. The presence of the judge discretion to judge the results it predicted an increase of unpredictability, so the need to justify the exercise of reason. Through the exercise of due process and the outcome of the ruling, the exercise of discretion reasons, is to get the legitimacy of the two main ways. Judicial Discretion widespread application in the factual findings and legal process, consistently throughout the entire judicial activities. In China at this stage, the judge discretion in the political and institutional "not free" and in the legal and procedural "super free" exist. This was the status of the judges discretion. In the political and institutional discretion for judges to exercise creative space, legal and procedural norms in the judge's exercise of discretion is to improve the discretion of the judge China's basic approach.