Our Civil Trial Judge Discretion Its Rules

Discretion of the judge in the judicial practice everywhere, but it is difficult to accurately describe. It is a macro issue legal system, but also a problem of a micro case referee. It is so complex, but can not make the necessary regulations. In order to find the right way to regulate our civil trial judge discretion to judges discretion to enhance the quality, we first need the basic situation of China’s civil trial judge has a discretion to master, and a careful analysis of the main problems which exist. Because of the civil judicial discretion has not made an independent issue is up to the "legislative" level, in the form of existing norms discretion of judges in the various provisions scattered among different levels of judicial documents, different systems, to a certain extent, lead to civil judges discretion not deep enough understanding of the exercise of power is still in a spontaneous state, and even some judges are not aware of their own in the exercise of discretion. Our current civil trial judge discretion to exercise overall unsatisfactory situation, this is a common feeling of community.This paper discusses the civil judicial discretion mainly in the following three aspects: The first part is the theoretical analysis of judicial discretion. The development of judicial discretion analyzed, including the exercise of discretion on the common law and civil law countries judges to inspect the process, including the establishment of common law countries, judges discretion earlier than civil law countries, while Production and development in China is slightly late. In the history of judicial discretion to have a certain understanding of the premise, but also need to define the discretion of judges has studied how to distinguish different kinds of judicial discretion, then the judge discretion to generate a deeper understanding. The second part of the status quo, mainly from the civil trial judge’s discretion, the defects and practice their elaborate. The third part is a reasonable idea of the judge’s exercise of discretion in the trial of civil cases. Including the principle of judges should exercise discretion in compliance with the evaluation criteria of legitimacy and control of the legislative and judicial. The article is a discussion of our country through the civil trial judge to exercise discretion in the actual situation, analyze the civil trial judge to exercise discretion outstanding problems that exist, and to explore for the existing problems, norms and guidelines for civil judges to exercise discretion.