The Study Of The Discretion Of The Judge In Finding Of The Fact

The discretion of the judge plays a key role in civil procedure. In civil procedure,the judge in the face of the facts can’t be objective. Judges face the evidences are complicated in real life,so if Judges use the laws to judge the facts and because the law from the beginning has been delayed development, it can’t be accepted by the parties. So, given the judge discretion in the case, using the experience and understanding of the law to judge evidences, so there while be easily to combine with the specific circumstances of the case to identify the evidence and the facts of the case,and to ensure the efficiency of the trial and the legitimate rights and interests of the parties.However, the Civil Procedure Law of our country never said that the judge have the right of discretion, and so does the judicial interpretation. Those reasons lead to discretion of judges in a state of disorder in practice. In this paper, starting with theoretical analysis, and analyze and summarize discretion of the judge of some foreign countries. At the same time, analyze the status of judge in our country. And put forward to regulate the discretion of the judge in the internal and external mechanisms. To provide some reference for the further research of our country judge’right of discretion.