Discretion In Civil Case Applicable Legal Issues In The Research

Discretion is the gift that law given to judges, from france jurist put forward the concept "Discretion" from1790, all jurists in world had be arguing about how to limit power of discretion, whatever Anglo-Ameirican law or Civil law system. Nowadays, jurists have pay more attention to discretion of criminal than discretion of civil.although there are so many articles about the history of the discretion of civil, articles that discussed to way of limit discretion has being a little. Indeed, jurists and judges have pay more attention to the result of facts and the content of legal relationship than justice of compensation in judgment.in fact,because of the different in discretions by different judges,there are more and more citizens doudt of the justice of the law,by losing the predition of their behaviors.To solveing the problems, jurists have given some suggestions,such as "public the content of every judgment by internet ",but the effect is not obvious. Some suggestions such as "put the discretion on reord "are too unrealistic to be operated.the author analysis the history of discretion of civil and the problems,and put forward the ideas that limit the discretion of civil by sort. finally,author give some advices,by takeing example by the scheme of limit discretion of criminal what have been carried out by the court in Beijing.