The Judge’s Criminal Discretion And Its Regulation

Law is the social fairness and justice of the last line of defense, can hold the line, not only depends on the legislative level, more depends on the understanding of the law and whether the use of appropriate. Positive role can correctly understand the spirit of the legislation, give full play to the discretion of the case, is the key of fair trial. Discretion in the criminal justice field embody a concentrated reflection of criminal judges discretion, it is one of the inherent right of criminal trial judge. But in recent years, accompanied by some criminal cases, cases occurred, the problem of criminal judges discretion are exposed to more and more concern from all walks of life, especially in the field of law and judicial practice circles. In this paper, by comparing the two judicial case, introduces the theme of this thesis-criminal judges discretion. Then, from the concept of judge’s criminal discretion of, stresses the existence of criminal discretion of judges in China the right to question, and how to regulate the criminal discretion of judges in China the right to put forward ideas and suggestions.In structure, this paper divides into "the outline of judge’s criminal discretion","criminal judges discretion based and value analysis","criminal judges discretion principle","criminal judges discretion existence question and reason analysis","criminal judges discretion power regulation" etc. the five chapter.In the first chapter, an overview and Research on the basic theory of this paper focuses on the discretion of the work, including the concepts of discretion, the discretion of criminal law and criminal justice discretion and the characteristics of the three part.In the second chapter, this paper focuses on the analysis of the legal basis of criminal judges discretion and realistic foundation, and from the "overcome the limitations of criminal law","to realize individual justice","to realize the unification of legal effect and social effect" the three part elaborated the value of criminal discretion.In the third chapter, this article from the "principle of legality","the principle of rationality","justice","unification of legal effect and social effect four aspects of the principle of" criminal judges discretion should follow the rules.In the fourth chapter, this article from the "law applicable standards are not unified,""some sentence","breeds corruption in the judiciary", "explained the law" four aspects of criminal judges discretion in practice problems, and analysis of its causes.In the fifth chapter, this article from the "perfect criminal legislation and judicial interpretation of criminal law","strengthen the reasoning of criminal judgment strength","the judge troop occupation construction","strengthen the case guidance","making the sentencing guidelines","properly handle several relations between" six aspects such as the judge’s criminal discretion the right to put forward measures of regulation.Finally, quotes Bacon is a summary of this paper.