On Morality Control Of Discretionary Power Of Judges

Judges discretion problem in jurisprudence have considerable attention and research, but from the ethical perspective, no mature research achievements exist. This paper attempts to analysis the judges discretion from the ethical perspective, and further understanding the behavior of judicial processing in judges discretion, while it can be helpful to behavior regulation and judicial process analysis and perfect. The paper divides into four chapters:The first chapter of the discretion of the judge: the basic theory and the basic moral control. First, from the discretion of the judge, the thought origin of discretion of the judge and defined comparison ,while analysis similarities and differences between the discretion of the judge's concept and characteristics. On this basis, the discretion of the judge from the essence of ethical and ethical responsibility to analysis the base of moral control.Chapter two, the discretion of the judge the basic principles of moral control. The first chapter of the facts from discretion and applicable laws of discretion in two aspects, the analysis of the discretion of the judge, the scope of discretion of the judge moral control principles, including law, discretion principle, principle of infinite justice, equality, discretion principle, principle of discretion, discretion principle.Chapter three, in the discretion of the judge moral control problem and reason analysis. From this part of the discretion of the judge shall exercise, but no exercise, no exercise ,but opposite, and shall not exercise errors in two aspects, expounds the discretion of the judge moral control, and the main problems existing in the legal system and from two aspects of moral restraint fatigue analysis of the reasons.In the fourth chapter , the discretion of the judge moral control strategy. In this part, the judge professionalism and put forward the discretion of the judge, the basic moral control strategy of judges' professional ethics, and from the judicial justice and morality, professional discretion of the judge moral supervision to maintain a point in an argument about moral control discretion of the judge's specific strategies.