| The judge is the subject of administering justice,the right of judging amount of freedom is a key part of the jurisdiction.It has foundation of the objective reality that freedom judges the existence of measuring right,just through exercise freedom person who cut out right realize case to be just and just generally in to hear concrete case judge,unity with just essence and with just form.At present,China is carrying on the reform of the judicature mechanism,the reform involves every aspect.Among them how to treat the judge's right of judging amount of freedom,judge right of cutting out etc.should question contracted or expanded to restrict whether one can't avoid and rich in theory meaning and realistic issue of meaning freely.This text cut out from judge intension to measure right set out, analyze the theory about judging right of measuring in freedom systematically freely, point out among the activity of practising of law,it is inevitable that the judge enjoys and exercises the right of judging amount of freedom.Exercise to of our country judge freedom cut out current situation to measure right,how give reasonable guarantee to it on the basis of facing the right value of judge's judging amount and guide and important.This text put forward,prevent judge from abuse freedom cut out effective way to measure right to set up science reasonable restriction mechanism,but not restrain the judge from exercising the right of judging amount of freedom.This text thinks,at the present stage of our country,should be improving the judge's quality, improve it on the foundation that the system is being constructed and the outside is being ensured within a judge,impel the judge to use the right of judging amount of freedom more abundantly and more actively,in order to realize the essence more justly,and then realize law and the society are harmonious. |
