Discussion Judges Discretion In The Infringement Dispute

XI General Secretary pointed out that "law enforcement authorities in protecting people, service, economic and social development, safeguarding national security and social stability has a very important role. "Justice for the people is the fundamental starting point and ending point of the people’s Court, the proper administration of Justice is the essential requirement of the work of the people’s Court. Firmly uphold justice for the people and the proper administration of Justice is to achieve the great rejuvenation of the Chinese nation’s dream of China to provide effective judicial guarantees. We must firmly grasp the main lines, and put it into the specific job and strive to enhance the public credibility of the judiciary, establish a judicial authority.One out of 10,000 in the judicial error, is totally unfair for the client. Runs through the proper administration of Justice in the whole file, trial, execution, and other links for letters and calls, one instance and the second instance, retrial stages, we need to assume their responsibilities, identify on a timely basis and in a timely manner to correct the problem.In view of the current situation, the writer of legal reality, combining theory and practice, explored the influence the judge to exercise discretion in the infringement of certain problems. This paper is divided into four chapters:Chapter Ⅰ provides an overview of civil and commercial cases fact judgment and discretion. Judging from the facts as presented in civil and commercial matters in theory of difficulties and challenges, the exercise of the discretion of the rules, as well as loopholes in the law and in civil and commercial matters the trial discretion used.Chapter Ⅱ infringement disputes the fact that judgment to the General aspect of the discretionary trips, including judge discretion in subjective fault, causation judgment judges discretionary compensation standards and values, in the result of the selection of the judge’s discretion and influence factors in three parts.Third combined trial practice focuses on the Court in judicial practice frequently encountered types of infringement:factual judgment issues in medical accidents, traffic accidents in the facts of the case in the judgment, the right to the name infringement disputes the fact that judgment, reputation right infringement disputes in factual judgement.The fourth chapter focuses on analysis of the current judges discretion to exercise reason of nonstandard analysis, and make several solutions.