On The Judiciary Discretion

The judiciary discretion is extremely common phenomenon in judicial practice process, directly related to the country's legal status. The judge as a special social role is the bridge communicating law with individual case. But the judiciary discretion still can fix the case when the legal exist of loopholes. People gradually find the judiciary discretion plays an extremely important role in the judicial practice. This article in the first part introduces the meaning, contends and value of the judges'discretionary power and illustrates the discretionary power in all phases of the trial and its vital role.The realization of the law system should not only need the complete legal system, still need the judiciary discretion, even the latter is more important. The judge is equivalent to the law in the exercise of discretion, and the fairness of discretion justice will be directly related to the trial results or even social value of law. This article analyses the certainty of performing judge's discretionary power though comparing discretionary power between American Law System and Civil Law System, the limitation of law, the professional feature and the social needs; and analyses the necessity of regulating the discretionary power through the current situation and problems existing in china.The judge's discretionary power is an important part of the judicial powers in our country, playing a pivotal role for condemnation and sentencing。"Discretion" itself determines that many factors inflecting the judge's judgments are not objective。Under the influences of many external and internal factors, how to regulate and improve the judge's discretionary power and truly realize the fair and justice, this article puts forward some suggestions from the part of System construction and the judge's quality。...