The Limitation Of Judges' Discretionary Power In Civil Judges In China

A judge's discretion is the power of a judge to determine the facts at his discretion or to make a reasonable choice between various lawful legal solutions in the course of a civil trial.At the present stage in our country,when the judge exercises the discretion through subjective judgment in the course of the trial,there will often be the phenomenon that the improper exercise of discretion results in the disunity of the application of law,which affects the authority and stability of the Court judgment.In view of the above problems,this paper makes a systematic study on the judge's discretion in civil trial,and then puts forward some suggestions to standardize the exercise of judge's discretion in civil trial,so as to realize fairness and justice better.This paper mainly includes three parts.The first part is an overview of discretion.Firstly,the definition and characteristics of discretion are discussed.Secondly,the objective inevitability of the existence of discretion is discussed,and the reasons for the existence of discretion are further clarified.Finally,the scope of application of discretion is discussed,mainly from the aspects of evidence confirmation,fact confirmation and law application.The second part discusses the problems and reasons of the discretion of judges in China.In terms of the existing problems,this paper mainly elaborates on the abuse of discretion by judges and the limitation of the normal exercise of the discretion by judges.In the cause of the above problems,mainly from the imperfection of our legislation,the quality of judges is not high,trial transparency is not high.In the third part,the author puts forward his own suggestions on the problems existing in the discretion of civil trial judges in China.Mainly from improving legislation,regulating the exercise of discretion,strengthening the supervision of the exercise of discretion and other aspects,put forward their own suggestions on how to protect the rational exercise of discretion.In a word,the judge's discretion is an important part of judicial activities.To take effective restrictive measures to urge judges to use it correctly and reasonably is of great positive significance for the realization of fair justice and the construction of a harmonious society.