On The Exercise Of Discretion And Its Restriction

The discretion of the judge is bound to use, the purpose of the use of discretion is to apply the law impartially, let the legal norms of fairness, justice spirit spread to the judicial practice. However, the presence of power will lead to power abuse.. This article focuses on the exercise of judicial discretion factors influence. How to regulate the exercise of discretion.This paper is divided into three parts:The first part, the discretion of the judge’s overview. Introduces the concept of discretion, characteristics and distinction of the exercise of discretion between the common law and civil law. The second part, the factors of Affecting judicial discretion exercised. This section is primarily concerned with factors affecting the exercise of the discretion of the judge, that morality, history, habits, social welfare, etc. These factors are often the basis of legislation, but also affect the legitimacy of judicial reasoning process. The third part, the regulation of discretion. Discretion is a public authority, the abuse of public power will cause damage to people’s rights. This section describes the main reasons for limiting the discretion of, and regulatory measures.