Research On The Regulation Of Judges' Discretion Under The Judicial Responsibility System

The discretion of judges is one of the important topics in the study of jurisprudence.The study of it is triggered by the concern about the value of legal certainty,which contains both rich theoretical value and important practical significance.With the rapid development of modern society,judges have certain discretion and have been recognized by most scholars.The existence of judges' discretion reflects the understanding and solution of human limitations to the law under the rule of law.However,as a kind of power,discretion has always been the possibility of being abused.How to achieve its correct and effective regulation to achieve the goal of judicial justice requires urgent research.The establishment and implementation of the judicial responsibility system reform has a key position in the history of China's judicial system reform,and is a landmark event in the construction of a socialist country ruled by law.“Let the judges judge and let the referees be responsible” is the core connotation of the judicial responsibility system reform.It requires the implementation of the judges' independent exercise of judicial power,and must also regulate the proper exercise of the judge's judicial power.The key issue of the proper exercise of judicial power is Achieve effective regulation of discretion.This paper takes the reform of judicial responsibility system as thebackground.In the process of studying the discretion of judges,it firstly discusses its basic theory,including its meaning and cause analysis,and clarifies the necessity of the judge's discretion.Make up for the limitations of the law and promote the substantive justice of the case.Then it conducts an extraterritorial investigation on the theory and practice of the discretionary power of judges,understands the different methods and achievements of the two major legal systems on discretion,and introduces the significance of the discretion of judges.Then it explores the problems existing in the exercise of the discretion of judges in our country and the reasons for their analysis,and clarifies the serious consequences brought about by the abuse of discretion.It is imperative to regulate the discretion of judges.Then,in combination with the reform of China's judicial responsibility system,after understanding the meaning of the judicial responsibility system,the relationship between the two is discussed.What is important is the judicial responsibility system's restrictive effect on discretion.Finally,according to the reform theory and practice exploration,the feasibility analysis of the discretion of judges is made,in order to realize the legitimate exercise of judicial power and the goal of judicial justice.