Empirical Analysis On The Exercise Of Criminal Discretion

Released in succession in recent years,in some cases appeared in court on the same case different differences of disparity,the difference of the same court for similar cases disparity,different courts in similar cases dissimilarity judgment or at different times of the gap of the similar case discrepancy.Some of these cases have been disclosed by the media,which has aroused the heated discussion of public opinion and the focus of the judicial system,and finally got a relatively fair and reasonable solution.The unannounced cases may be buried in a vast range of cases,and the unjustifiable and unjust judge will be buried.Although the overall number of cases is not much,also did not change the criminal justice's overall health status,but in terms of concrete in each case,its verdict,having a direct effect on the interests of the parties will even affect the fate of the life.The cause of this kind of connection with different sentence happens in practice is one of the judge discretion improper exercise,the improper exercise to make its flaws on the trial of specific cases,so as to make the trial results of unfair would happen,weaken the public legal faith.Observe the criminal discretion in case the improper exercise of the situation,analyze the causes,clear thinking and direction to solve the problem,you can minimize caused by the improper exercise of discretion of trial flaws,prompting each case as far as possible to achieve a fair and reasonable.This paper is divided into four parts.The first part is typical case introduction.A brief description of the case of "the murder of the mother of the female" was given,and the conclusion of the two levels of court ruling was highlighted.The second part focuses on the improper exercise of criminal discretionary power in practice,focusing on the improper use of discretionary power from the two aspects of factual identification and law application.The third part analyzes the reasons why criminal discretion is improperly exercised.Pointed out that in the actual operation of criminal discretion to exercise the improper reason mainly lies in: the fuzziness of the connotation of criminal discretion itself makes with its degrees of freedom is not good to grasp,resulting in improper exercise;Secondly,it is the abstraction and generality peculiar to the legal norm itself,which makes the judges' subjective choice and flexible space in the exercise of criminal discretionary power,which can easily lead to improper exercise.Thirdly,the individual difference of judges makes the choices made in the exercise of discretionary power different.This difference makes the limit of discretion more difficult,which leads to improper exercise.Finally,it is the difference of judicial concept of judicial participants,which makes it improper to realize the value and law of law in judicial process.The fourth part puts forward the idea and direction of the reasonable exercise of criminal discretion.First of all,it is necessary to define the scope of the exercise of power and to achieve the right of exercising the right by defining the standard reform of sentencing and the clear definition of legislative value.Secondly,by improving the rules of evidence,we can cut off the degree of freedom to expand the problem and promote the proper exercise of this power by the judge.Thirdly,by perfecting the system of judges' responsibility,the judge should be more cautious in making independent choices of cases and regulate the exercise of power.Finally,by improving the judicial environment,cultivating judicial philosophy of judicial participants,and through to improve the public accomplishment to strengthen the legal society the active and effective judicial supervision,regulate the exercise of power.By providing the above ideas,we can guide the reasonable exercise of criminal discretion and make the case trial more objective and fair.