The Problems And Countermeasures Of The Current Discretion Of Judges In China

People's attention to the judicial cases in recent years gradually increased,so that the discretion to the hot issue of public opinion,the judge to exercise their rights is the intense controversy and condemned.At the discretion of the judge to "freedom" of the show is the spiritual level of thought and legal quality,freedom is not without limits,there is a constraint of freedom.I personally think that the judge should be actively judge,not turned out to be the tool of the offender.In the context of the existing legal norms,the judge discretion has also been gradually adapt to the development of the society.But because our country's legal system is imperfect,the transparency of information is not enough,the professional quality of judges higher comprehensive reasons,caused our country at present,the behavior of the abuse of discretion.In the process of rule of law society,justice is the most important one,which contains the content is particularly complex interconnected.The emergence of the discretion can make up the defect of legal system.This paper embarks from the basic concept,characteristics,scope and relatively easy to evaluation and exploration,and from the discretion of the status quo,the causes of the status quo and how to analyze the abuse prevention and control of their rights.