In The Civil Jurisdiction Of The Judge’s Discretion

Currently, the building of "democratic rule of law, justice, sincerity, amity, vitality, stability and order, man and nature live in harmony" as the basic characteristics of a harmonious socialist society in contemporary China has become the new theme. People’s Court on behalf of the State to exercise judicial jurisdiction in maintaining social stability, promote social equity and justice, the coordination of social interests, and ultimately promote the rule of law and building a socialist harmonious society, great practice with other authorities and departments can not be replaced role. Theory and practice of judicial history shows, judges discretion in civil jurisprudence has always been an eternal field of constant new topic, but also the judge in judicial practice dilemma even the most helpless of the problem.Section of this paper is divided into nine discussion:First, Introduction, describes the background and significance of topic, the analysis of a large number of relevant documents on the basis of this study to clarify the present situation of research methods and significance; Second, judges in civil liberty The concept of discretion and its characteristics, the analysis of progressive layers of discretion, judicial discretion, the discretion of the judge three civil concept of three civil judges discretion there is an objective necessity of overcoming the limitations of statute law, coordination of legal value conflicts, actual situation in the trial of the impact and improve the efficiency of the four aspects were elaborated in the civil jurisdiction of judges to exercise discretion in an objective necessity. Fourth, two legal discretion of judges in civil historical analysis, outlining the discretion of judges in common law and civil law in the history of evolution, and compare summary; five discretion of the judges running civil to explain judicial discretion in the history of our country, according to judge and choose different targets, divided into four specific discretion of judges in civil and elaborated in specific provisions of the performance of civil law; Sixth, the civil judge of improper exercise of discretion specific performance and cause analysis, for the practice of judges in the civil jurisdiction in our country there is still improper exercise of discretion in the conduct of the summary, analysis of causes; seven discretion of judges in civil power regulation. Part VI for specific performance and creativity from the restrictions and safeguards both positive and negative aspects of the analysis, several measures put forward constructive proposals to improve and protect the civilian judges the right to exercise discretion; eight, the exercise of the judge Civil discretion must grasp the issues and principles for the seventh part of the supplement and perfect, in terms of grasping the basic principles of key issues and established based on the sound discretion of judges in civil operation mechanism;Ⅸ, General, judges generally act of discretion exists in the judicial process, so we constantly strive to explore the norms of civil judges discretion the method and the path of great significance.