Specification And Operation Of Discretion Of The Judge

In the judicial practice, legal norms and case facts can’t be a one-to-one relationship. So legal ambiguity, ductility, hysteresis that generates the discretion of the judge. Although our country has not yet to have specific provision of discretion of the judge law, but lawmakers set up room and space for judge discretion in a lot of legal provisions,and nearly every judge when dealing with each case is applied to the discretion. In fact, since the founding of the "judicial for people" and "legal professional" as the representative of two different direction of judicial reform and many problems exposed in the reform, the essence of which is around the expansion and restriction of the scope of discretion. The judge discretion is the first to become a key academic attention. At present, a new round of judicial reform has been open,"Judicial for peole" return with a new attitude, the connotation of judicial popular had important influence on the judge discretion. This article from the perspective of "judicial for people", reflecting on the connotation of discretion of the judge,explaining the benign interaction between the spirit of judicial for people and the discretion of the judge. Disclosing boundaries and practice operation of discretion of the judge should be affected by the judicial for people. Analyzing how to apply the demands of judicial for people to guide and standardize the activities of discretion of judges.Finally judge discretion must be based on discretion of the pursuit of judicial for people,paying full attention to the judicial for people. Reasonable operation of discretion of the judge finally based on the rational knowledge and usage of the judicial for people.