Suggestions Of Specifying Right Of Judge’s Discretion

The right of judge’s discretion refers to the options that judge exercising in the process which can launch more than two legitimate conclusions of the judge makes the legal facts combine with the legal norms. The right of judge’s discretion as the phenomenon that exists in the practice is conforming to the historical trend and also cannot be eliminated, It must be made further specification in the judicial practice. However, the discretion of the judge has its positive side and negative side, what we can do is create space for its proper exercise, and make it justified through program exercising and reasoning in order to reduce the excessive discretion and prevent the law misused and expansion explanation. At the same time, The fact that the judge’s personal knowledge of law, trial experience and so on have occurred "the same case with different verdict"from time to time in practice.therefore, the promulgation of " the people’s court sentencing guidelines (Trial)" presents certain specifying on the discretion of the judge in the certain degree and it also has its own trend of the development.The guidances will be developed more specifying in practice,, this paper also will be take" the people’s court sentencing guidelines (Trial)" as the angle of view, put forward some recommendations for the right of judge’s discretion.This paper is divided into four parts, the first part compounds Chinese and foreign scholars views on the discretion and the discretion of the judge and range characteristics from the judge’s right of discretion concept, and draw their own conclusions. The function of this part is playing the role of bedding and lead the entire article. The second part introduces specific performance of the discretion in the criminal trial, the part is be prepared for the following analysis. The third part introduces the background of the discretion, value of the discretion, operation of the discretion and some thoughts about the discretion, we propose opinion of discretion in the legislation and judicature in the fourth part combined with" the people’s court sentencing guidelines (Trial)".