The Limits Of Judges' Discretion In The Context Of Judicial Reform

In the Fourth Plenary Session of the Party' eighteenth panel discussion on issues related to the rule of law, and adopted the "CPC Central Committee on Promoting the rule of law a number of important issues"(hereinafter referred to as the "Decision"), in accordance with the requirements of the rule of law and the actual situation of Chinese judicial reform, judicial reform put forward a series of new initiatives, in order to fully promote the rule of law process. As an important part of judicial reform, the limits of freedom of judges discretion means that judges exercise judicial power, not only when participating in judicial activities to follow lawful, reasonable, fair and efficient principles, but also the fact that in the trial identification, and other applicable law various aspects of the proceedings must also be its regulation and supervision, in order to protect the power function to normal play. And regulation of the discretion of the judge's discretion is one of the trends in the context of the current judicial reform, but also the bottleneck of the judicial reform. The main reason is that regulation of discretion of judges in the limit, to give full play to the judge's judicial activism, realization of judicial independence and remind the boundaries of judge has the power, in order to protect the legitimate rights and interests of the masses of the people, to the strengthening of the judicial authority, and our justice, let the people's sense of fairness and justice in a case.