Reflection On The Leeway In Criminal Litigation Judgment

With the rapid development of technology,people's legal awareness of the gradual strengthening of the judiciary so that the pressure is also growing.Cases increase the complexity of the case itself and the special nature of such investigations,the uncertainties of trials is increasing.Some grievances and misjudged cases in recent years,so that we will disclose gaze to one kind of non-criminal theory of adjudication-"leeway" in the judgment.In practice,our judiciary is to achieve the unity of the legal effect and social effects,only to seek the "left room" of the sentence this "caught in the survival" of the referee.Scope way broke the long-term adherence to the referee mode in our country.This paper consists of three parts,the first part of the concept of leaving the room for the discussion,as well as the two models of the decision.And then through the case analysis of this kind of sentence,to enhance the audience's comprehend of the remaining room.The author finds two typical cases to highlight the two modes of leaving the room to judge,thus reflecting the social effect and legal effect of the remaining judgment.The second part mainly analyzes the reasons why the court chooses to leave the room,including two aspects of the immanent causes and external causes.The third part put forward author's suggestions to leave room sentence.Leave room for judgment gradually exposed drawbacks that make us have to rethink its necessity.Although there is still some obstruction in the practice of canceling this kind of judgment,we should take various measures to eliminate it.