A Study On Judge's Discretion In The Fact Finding

Essentially,findings of fact is by the relevant evidence of the facts to judge.At present,China laws and regulations are not perfect,on this part to find the specific facts of the case,the judge need to combine their knowledge and ability in accordance with relevant laws and regulation,and use the relevant rules of thumb on the specific facts to find what the real facts it is.Added judges discretion on findings of fact,so that the results can be more people to understand and accepted,and it is a flexible way let the judge use the law.Reasonable and effective identify the facts of the case is to be able to better resolve disputes between people,and in fact the judge discretion is inevitable.In our country there are relatively more researches on the determination of judges in fact,and mainly focus on the research on the system level,and less on how the judges to judge the cases.So the study is elaborate how th,e judge discretion is important in the fact-finding.This article mainly contains the relevant theory of judges' judgment in fact,the judge's discretion in fact-finding,the problem which find in judge makes a judgment on the facts and some suggestions for profecting the judge's discretion.The relevant theory of judge's discretion in the fact-finding mainly include the concept of fact,the concept of fact-finding and the definition of judge's discretion in fact-finding.Combined with basic theory and analysis the rationality of the existence of judge discretion in the determination of facts.In the balance of objective facts and legal facts and how to choice the universal justice or individual justice,the judge's discretion play an important role.And this theory provides a theoretical basis for the existence of the judge's discretion in fact-finding.The judge's discretion in fact-finding is mainly embodied in the distribution of burden of proof,the evidence of the relevant evidence of the discretion and the proof of the strength of the evidence on the size and the strength of the evidence for the presence or absence of judgment of the judgment.Except from these aspects to analyze the specific use of the judge discretion,there are also combined with the relevant cases from the practical level of fact that the use of discretion in the judge to carry out research.In practice,the judge will have some problems in making a judgment on the factual determination.These problems are mainly reflected in this areas,for example it is not enough to standardize the judge discretion in the fact finding,The judge how to determine the facts' reason is not sufficient,affirm the facts is too absolute by power and our rules of evidence is imperfect and too principled.These are likely to affect the discretion of the judge of the facts.Suggestions for improving the judgment of judges in our country including improve the case guidance system,protect the rights of the litigant,Perfect the rules of evidence in our country and so on.Improve the case guidance system can provide some guidance for judges,open the judge's confirmation of the case can strengthen the supervision of the judge's discretion,specification the way in which judges judge the facts and the use of rules of thumb,improve the overall quality of judges,perfecting the rules of evidence in China and so on.And this suggestions can help solve some existing problems.So that judges can make better use of their discretion and play the positive role of judges in judicial practice.