| Now in China,there is no specific laws giving the judges the discretion of the case, but the activity can not be avoided in the trial judge has discretion to use power.In the proceedings of the case, due to the ambiguity of the laws and regulations such as the inherent limitations of judicial practice and case law of diverse and complex, which resulted in the objective reality of the judge should have some discretion rights. As a trial that discretionary power in the hands of officers of the law and the principle of trial activity specific product flexibility to adapt to the unity of the actual trial, but also protect the smooth case the trial verdict of the core elements. Although China is not yet given to the judge’s discretion rights law, but from the analysis of specific legal provisions, there is room for discretion and space, and then tried to make almost every worker in dealing with each case will be exercised to, either consciously or unconsciously exercised. This discretionary power of the judges is a kind of power, the purpose is to make the existence of the power of each case received a fair hearing, and promote the rule of law country. However, the authority has its own characteristics, which easily lead to irrational use and the presence of abuse. So how reasonable guide discretionary powers in the hands of the judges to properly apply a very interesting research topic.From the current judicial practice, the country’s judges in the use of discretionary powers exist mainly in the following two issues: on the external environment, there are different degrees in different subjects for an independent judicial officer to hear cases of serious intervention. From the internal analysis, because the judges do not have a standard scale exercise discretionary powers in the hands of the judges and the result of individual differences, there is irrational use and abuse of discretionary power. In order to make proper use of the judicial officers in the hands of the right, it is necessary to depart from the judges themselves, increase the impact of the quality of the trial of cases to be the most comprehensive literacy groups, but also from further standardize procedures, increase the reasonable exercise of discretionary powers of judicial officers supervision, scientific use of the current case guidance system in case, and only Take Measures to ensure the lawful and reasonable exercise of discretionary powers in the hands of judges, thus effectively the interests of justice and legal authority. |
