On The Discretion Of Judges In Civil Trials In Our Country

With the progress of the rule of law in our country,the fairness and justice of the law are gradually becoming more and more popular.It is an effective measure to solve the disputes between the various equal civil subjects in daily life through legal means.Judges,especially civil judges,will face the challenge of discretion when dealing with various civil legal disputes.If inapplicable,it will result in the result of the judgment from some point of view,lack of fairness.Therefore,it is very important to regulate the discretion of civil judge in China.This paper begins with a real case of the agent of the author,and through the simple analysis of the case,it leads to the core of the discretion of civil judge in China,and then discusses through three chapters.The first chapter is the basic theory of civil judge discretion,the meaning and characteristics of civil judge discretion,discretion and simple comparison of the three big department systems,through exercising the benchmark analysis on the civil judge discretion,combined with the necessity of the civil judge discretion,and tries to demonstrate what’s discretion;The second chapter is our country civil trial judge discretion,the manifestations and causes of improper use,through the author’s understanding,analyzing what are the symptoms of the discretion to use improper,what is the cause of;The third chapter is based on the second chapter,the paper puts forward our country civil trial judge discretion to exercise the regulation,some good based on the current system,and further puts forward some advice on perfecting regulation,to our country civil judge discretion,being fair and reasonable exercise legal norms.The author hopes to raise the problem and solve the problem.