Protection And Regulation Of The Exercise About Judge’s Discretion

The Judge’s Discretion is widely existed in the three major procedural law, this article only studies the Judge’s Discretion of the judges in the Civil Procedure Law, If there are differences in Criminal Procedure Law and Administrative litigation Law, this article will discuss else.The Judge’s Discretion is the power that choose and decide the suitable choices and decisions of specific case judgment within the legal scope, the judge in the judicial process by understanding of the spirit of the law and justice. It is not only related to the case of justice, also relates to the justice of the whole legal system, also plays an important role about the rule of law in our country and enhancing the credibility of the judiciary.Firstly, this article analyzed the basic theory of the the Judge’s Discretion, the meaning of the Judge’s Discretion, nature about "law making", the characteristics about discretion of judicial judgment, independence and limited,and so on. And analyzed the necessity of the Judge’s Discretion.To learn the process of the exercise of this power in the three aspects,they are the identification of facts, the application of law and the management of cases. Then, analyzed the legislative and judicial status of the Judge’s Discretion in our country,there are some bad phenomenon,then analyzes the causes of some bad phenomenon. At present, there exist many problems in the judicial activities, the use of discretion of Judge’s Discretion have been arbitrarily or without restriction. Not only damage the case justice, destroyed the’stability of the law, but also reduce the judicial credibility, even severely persecuted the legal dignity, We Need to improve its security and rules, through a variety of system. To this end, this article extended vision to the outside world, to know the different legal system of the discretion of the exercise In order to get some enlightenment.about reasonably regulate the Judge’s Discretion in our country Finally, the author puts forward some suggestions on the exercise and regulation of the Judge’s Discretion. We hope this suggestions can ensure fairness and justice of the judicial activities, can enhance the credibility of the judiciary.