法官自由裁量权及其限制

Judicial Discretion and It's Restriction

法官自由裁量权的“自由”不是绝对的自由,而是有一定的限制的自由。我国司法实践中在运用法官自由裁量权时,应结合我国社会环境,界定法官自由裁量权的范围,防止法官自由裁量权的滥用。

Judicial discretion has been a topic that the law circles of our country have disputed all the time;it is mainly concerned that someone thinks judicial discretion is the origin of judicial corruption and the miscarriage of justice. The aim of this thesis is to reveal the true appearance of judicial discretion——it is not the absolute freedom but the freedom of certain restriction.And the use of judicial discretion in judicial practice should also combine our social environment to define the measuring range of judge in order to prevent the abuse of free judicial discretion.