Study On The Judges' Civil Discretion In The Justice Reform

During China's social transition, the traditional social structure has undergone great changes. The public concerns about the legitimacy and social justice issues much, the legal justice is by widespread attention, too. With the corresponding changes in the system of social change, especially judicial reform has become the focus of attention, judicial discretion is always an eternal problem of the justice system, in practice, most trial judges to deal with the problems and ambiguous. This is directly related to social justice and public assessment of the judicial system, identity, and then affect people to faith in the legal system and the law itself. With the gradual deepening of the reform of the judicial system, judicial independence and justice become the hottest topic in legal circles, the judge's discretion is to be the hot fields of common concern in the theoretical and judicial practice.Construction of "democracy, the rule of law, equity, justice, sincerity, amity, vitality, stability, order and harmony between man and nature" as the basic characteristics of a harmonious socialist society has become China's new theme. Harmonious society is one of the basic goals of fairness and justice, the people's court is to exercise jurisdiction over a month on behalf of the state in maintaining social stability and promoting social equity and justice and coordinating social interest relations and eventually promote the country according to law and building a socialist harmonious society of great practice, other agencies and departments irreplaceable role. Civil judges discretion on the pursuit and realization of social equity and justice to the objectives of value and the judicial power is the law, judges in civil trial use. Due to vast differences between civil law, the Civil Code has more uncertain factors to formulate law and related changes can not cover all things, therefore, the judge discretion in civil trial practice, it has become necessary to use and great room. Judge judicial process as the principal through each handle civil cases, the independent exercise of civil discretion, to safeguard social stability, regulating various social relations, to maintain social harmony and achieve the objective. Therefore, the proper use of civil rights can be effective remedy in civil legislation, which is more in line with the trials of modern principles of the rule of law, magistrates better reflect the spirit of the rule of law, fairness and justice in society realized, for the establishment of a free and democratic society where the rule of law is more important. Exercise any power and should have a clear boundary exists, otherwise, once beyond the borders of public power will be abused. As Acton said : power will corrupt, and absolute power corrupts absolutely will. Therefore, procedures and the neutrality of judicial powers and the lack of clear regulation and reasonable limits, apt to a miscarriage of justice and breeds corruption in the judiciary. This paper, in academic principles and practice two aspects, analyzes and judges civil discretionary power to exist objective inevitability, expounded judges civil discretionary power to the connotation and features, value objectives, for the judge civil discretion the right to conduct a reasonable application system the several suggestions and insights, in that China's judicial reform of the macro background of coming from specific construction judicial discretionary power to system,making it China's judicial system and judicial environment fairer and more rational.