以诚实信用原则规制法官的自由裁量权

Regulating the Judicial Discretion by the Principle of Good Faith

赋予法官自由裁量权有助于实现司法公正,但法官的自由裁量并非毫无节制,必须通过诚实信用原则予以规制。这种规制主要体现在诚实信用原则对法官行使自由裁量权的内心制约、客观制约和利益权衡制约上。

Entitling judges to the power of discretion contributes to the realization of judicial fairness. It does not mean that the judicial discretion is unlimited, however, it should be regulated by the principle of good faith. Such regulation is mainly reflected in three aspects, the subjective restriction, the objective restriction, and the interest balance restriction.