Legitimate Exercise And Reasonable Regulation Of Judge’s Discretion In Civil Trials

Discretion, an enduring topic, due to it is the key problem in the judicial system, plays an important role in the realization of the rule of law in China. Discretion, also as an objective power in civial trial and a concrete manifestation of civil jurisdiction, plays a vital role in civil trials. In today’s world, whether in a country where written law is the main body of it or the objective existence of discretion is beyond all questions. The existence of discretion is one of the difficult choice between the rule of law and the rule of man, defuses the conflict between individual justice and common justice, remedies legal defect and also maintains the value of the law.However, if discretion is not limited, this will no doubt lead judge to abuse of this right. Under the condition of having a not perfect judicial system and not fully independent courts and judges’quality needs to be improved in our country, the improper exercise of discretion occurs sometimes. With the advancement of judicial reform, judicial discretion gradually becomes the focus of the whole society. Reasonably regulating at the discretion plays a positive role in establishing judicial authority and credibility. In individual cases, through the legitimate exercise of discretion, it achieves a good social effect, making the best legal effect realized. This article starts from the basic situation of civil judicial discretion, expounds the necessity of the existance of discretion, analyzes improper performances and its deep reasons of discretion in China’s civil trials at length and puts forward specific measures should be taken for regulating discretion reasonably in civil trials. I hope that through this study, we can promote the exercise of the discretion to play a reference role in civil trials.