At The Discretion Of The Judge

This paper carried out a detailed analysis of the theory and utility of discretion. First of all, I try to give an accurate definition of discretion followed by some legal theory related to it. After that, the exercise principle of discretion is discussed carefully. Based on the previous exposition, I put forward some suggestions on the construction of the discretion system in the end of the paper.The first chapter is mainly about some background knowledge on discretion, both theoretically and practically:I explained the nature of discretion with some example. The most difficult but also very significant point, is to give a definition to discretion.Discussion of uncertainty of law and legal interpretation and their relationship to discretion takes the vast majority of the second chapter. Apparently we cannot evade these two important legal theory when we discuss other legal concepts, especially discretion.The third chapter goes to the exercise principle of discretion, including the principle of legality, justifiability and principles during the procedure.The fourth chapter, also the end one is mainly about my own views on the construction of discretion system. A blueprint was presented, primarily on the basis of the judge explain the legal system and the introduction of the jurisprudence system.