| Discretion is commonly used in the administration of justice judge referee rights, suchrights are gradually formed referee in trial practice, in order to make up for missing the law,judges rely on the rights of initiative reasoning referee cases. At present, China is in transitionsocialist society, diversity needs to make judges face more challenges. In the course of thereferee, limited use of discretion can mitigate the limitations of the law, and society continuesto produce lag between uncoordinated contradiction. By facing the judge discretion toestablish the guiding philosophy of fairness and justice, building norms, principles ofdiscretion, so that the rules of justice and discretion to get people’s recognition and promotethe construction of China’s rule of law.This paper studies the basic content of discretion, the use of status and influencingfactors, combined with the effect of social justice, equity and justice analysis to guide theamount of mining rights and freedom of discretion embodied in regulating the use of limiteddiscretion to expand the research.This article is divided into five parts:The introduction describes the status of research papers herein, meaning, a briefstatement of research ideas, methods and innovations.Research The first part of the interpretation of the basic meaning of discretion, thediscretion description is based on the fair value of the human pursuit of justice arising fromthe trial process of practice applicable to hear cases discretionary manner to achieve fair valuejustice.The second part describes the discretion of philosophical reflection on the history,analysis of the historical evolution of discretion practice and reflect on the fair value of justice.Rawls’ Theory of Justice cited the third part of the theory, the concept of fairness andjustice clearly an important position at the discretion of the applicable process, the analysisshould focus on the values of fairness and justice to guide judges discretion.The fourth part of the pros and cons of discretion, to analyze how the correctspecification applies discretion, to complete the purpose of judicial duties. The last part concludes the paper summarizes the exercise of judicial discretion analyzedthe status and restrictions, to allow discretion to play an active role. |
