Discretion Of The Judge To Find Read

It is widely known that law has general suitableness. Nonetheless, the specific law cases that the judge will handle are complicated and changeful and have conspicuous characters. In a sense, the responsibility of a judge is to individualize the law of high generality and integrate the law with the fact of individual law cases, so that the law can be employed to resolve different disputes and wrangles. The right of discretion of the judge is the link connecting the law and the individual cases and also a window opened to the outer world of social life. The right of discretion places the judge at the crossing of the law and the varied social life and enables him to bring to light and refine the ever-changing regulations from social life. In this way, the law can be prevented from lagging behind or being undistributed, while the applicability of law can be enhanced. At the same time, with this right, the judge should give elastic interpretation of law in keeping with the call of the times, so as to avoid the law from being at variance with its original objectives. Just as the vivid metaphor by Lord Denning: the judge can by no means change the material, with which the law fabric is woven, nevertheless, he can and also has to iron the creased fabric well. The effort to press the law fabric is actually the process to perform the right of discretion by a judge who is pursuing justice.Nowadays, a reform of judicial regulations is under way in our country. Questions on how to realize the right of discretion of the judge and how to give full play to the positive role of the right have been unavoidable and of high theoretical and pragmatic importance. In this regard, I made research on the judge's right of discretion in our country while drawing on the mature theory and experience from aboard, in conformity with the general operating patterns of the rightThe first part of this thesis answers the question of what the judge's right of discretion is, from its connotation and characters. The second part expounds the justifiability of the exercise of the right, in the aspects of the historical and abroad experience, legal provisions and where its value lies. In the third part, I elaborate the problems existing in this respect. The fourth part is mainly on the new trends emerging from the development of the right in the West of thecontemporary era. In the fifth part, I set forth the solution for the problems aiming at the situation of our country, that is: we should reinforce the regulation of the performance of the right and together I come up with some detailed plans.