Contemporary Value Of Judge’s Discretion

The judicial process is the process in which judges exercise their discretion to decide cases.The core of judicial reform is to ensure and promote the smooth progress of the judicial process in order to achieve justice fairness and justice.Therefore,whether the judge’s discretion can be exercised correctly is an important angle to guide and examine the measures of judicial reform.The essence of judge’s discretion is a kind of power and a kind of responsibility,and the judicature should be reformed around the reasonable exercise and reasonable restriction of judge’s discretion.The first exercise of judges’ discretion requires an independent judicial environment in which judges can exercise their discretion relatively freely,including External freedom and internal freedom,the de-localization and de-administration of justice into the independence of judges;secondly,the mission of judges to pursue justice requires judges to be professional and elite.The introduction of the system of judges’ posts and the system of selecting judges makes the judges more professional,but it also faces the difficulties of reducing the number of judges and increasing the pressure of cases;again,due to the high legal risk and the huge reform of the number of cases,the professional security of judges should be emphasized.It is of great significance to limit it reasonably,to put forward the judicial responsibility system and to open the judicial system to prevent the abuse of the judge’s discretion.The purpose of judicial reform is to realize judicial justice,and the realization of justice basically depends on the trial action of the judge exercising his discretion correctly.Therefore,the judge’s discretion provides the theoretical direction for the judicial reform.Whether the system proposed by the reform is perfect or not can be used as an important criterion from the discretion of judges.