Discretion Of The Judge And Its Rational Control

In judicial fields, in some sense, the rule of law consists of the rule of rules and the rule of the judge. The law is the offspring of the reason and which is the basis of development of the system of discretionary power. In this paper I expatiate the meaning of the discretionary power in many ways, as follows: the scheme of discretionary power is the choice of reason;the justice of the goal of discretionary power is the value of reason;the standard of latitude is the objectivity;the discretionary power is restricted by procedure in the course of judicature. In the paper, I discuss the basic problems of discretionary power ,as follows: the meaning of discretionary power, the features , the worth and the latitude of it. I not only set forth the rationality and the necessity of the discretionary power, but also notice that the discretionary power is easy to be abused.The discretionary power of the judge belongs to the public power, without necessary restriction it would be abused and that would infringe upon the rights of parties and destroy the social order consequently.Therefore, in the paper , on the basis of argumentation of discretionary power, I put forward that it is necessary to restrict it reasoningly. On the restriction I put forward some designs, including controls of legislation, controls of procedure , controls of principal and controls of negotiation. Close related with the discretionary power, the judge's conscious activity is emphasized to grant the social demands and realize the development of law. The activity of the judge is the objective being , so thinking deeply about its realistic possibility and inevitability is also an intention of my paper. ( 53000 words of full text approximately)...