| Judges can usediscretion makegeneralprovisions oflegalloopholes and makethe trial and the result more equitable. However, the exercise of thediscretionofthe judge, still exist many problems. Therefore, this dissertation start the research from the perspective of evidence law, found the problemsinjudicialpractice, and comprehensively analysis the reasons ofthe judge’s improperlyexerciseddiscretion. Taking chances of Judicial Reform, I study on the measures that Shanghai’s government took to regulate the use of judges’ discretion. On the foundation of foreign country’s law and Shanghai’s measures, I confirmed my advice to urge the judge to use discretion more smoothly.The articles divided into five parts:The first part, through the introduction of "PengYu case", leading to the improper use of judge discretion in practice.The second part, the overall analysis of judicial discretion practice, consisting of theabuse of discretion as well as lazy to exercise discretion and lack of procedural norms and other issues.The third part, in connection with the problems and difficulties in the usage of judge discretion that narrated in the second part. Fully analysis reasons lead to these problems.The fourth part,taking the opportunity of judicial reform,as for researching Shanghai’s measures to regulate the judge’s discretion,such as to the administration of justice, to the localization, the selection of judges, the court financial management system for the next make recommendations provide a basis for further improvement.The Fifth part, based on thesophisticated practices from abroad and Shanghai, aiming at the existing problems, proposed the establishment of case guidance system, Improve laws and regulations to reduce space of discretion, and improve the use of procedural norms discretion solutions. |
