On Discretion Of Judges

Discretion of judicial adjudication cannot do without the judges, judges the rightto exercise discretion, is the important prerequisite to ensure the judicial justice.Therefore, strengthening the research scope, the judge’s right of discretion principleand method, and then gives the reasonable regulation, relatively uniformimplementation of the standard, is one of the important task currently facing trialtheory and practice. This paper starts from the basic principle of this power, and toanalyze its value of existence and the existence form. The reason behind the actuality,civil discretion of judges in China operation problems and issues. Finally, the civildiscretion of judges in China design specification. The article is divided intointroduction, body and conclusion, the text is divided into three parts, the thesis isabout24000words.The first part is the general principle of civil discretion of judges. Mainlyelaborated from the following several aspects: connotation, civil discretion of judge.Including: civil discretion of meaning; the basic characteristics of civil discretion ofjudges; civil discretion of judge value; the basic form of civil discretion.The second part introduces the present situation and problems existing in thejudge’s discretion in civil litigation right. The article thinks that our country civiljudicial discretion main problems lack of discretion, the discretion of the improperand wrong to exercise discretion etc.. Occupation moral quality of these problems arethe main reasons to the lack of legal norms clear mandate, the professional quality ofjudges and not the correct exercise of discretion of judges to match, uneven, humansociety and "other factors" influences the judge independently exercise judicial power.The third part mainly demonstrates how to regulate the civil discretion of judgesproblems. Include: first, to perfect our civil legislation, civil judicial interpretationsformulated related; two, subject to the discretion of strengthening the organization andregulation; three, the exercise of discretion byprocedure regulation; four, establish andperfect the system of case guidance; five, establish and perfect the judicial supervisionsystem.