The Judge Discretion Regulation Law Studies

As the continuous development and improvement of the construction of the legal system in our country, especially in the eighteenth big clearly put forward "comprehensively promote the rule of law, scientific legislation, strictly enforce the law, impartial justice, civil law" in the background, how to supervise and restrict the operation of the judicial power, the implementation of the judicial justice received extensive attention of the whole. Judge as the subjects of independent jurisdiction in the defect of the existing laws and regulations, shall, according to the different circumstances of the case, the correct use of discretion of the referee, avoid mechanical handling, ensure that each case to obtain proper and reasonable solution. At present, the imperfect legal system, poor legal environment and the professional moral level is not high, make the exercise of the judge’s discretion and specification, expertly a certain gap between the requirements of the exercise of the judge discretion, in reality the judge refused to improper exercise, exercise, and hidden the exercise of discretion of the phenomenon is widespread. This not only harm the image of justice, and fundamentally affect our country’s legal system construction process. Therefore, the specification at the discretion of the judge, is particularly important.In this paper, starting from the introduction part, elaborates the divided into four parts:The first part, first of all, based on the current our country judge’s discretion is not due to its own independence and do not exist, but because of the background of this premise is not independent and alienation, this paper expounds and analyzes our country present judge themselves and society in general to the scope of discretion of cognitive differences, on this basis, summarized our country in the process of the judge discretion to exercise the three problems, namely to wield, improper exercise, the secret to exercise discretion of the judge.The second part, in view of the three dilemmas of discretion of the judge in our country, the methods for analyzing clues to judicial logic and the law, the judge discretion to make a study of the causes of existing problems for the "suit the remedy to the case" provide convenience for effective regulation measures.The third part, it is the focus of this article and the core part. Against the judge discretion the essence of the problems existed in reason, to focus on from the legislation control, process control, the main body control, control, supervision and control in five aspects, regulating the judge discretion, trying to build with Chinese characteristics practice judge discretion reasonable exercise of the integration of regulation system.The fourth part is the conclusion, briefly illustrates the point in the process of writing and deficiency as well as to judge the discretion to regulate the outlook.