论“华人网络第一案”黄静案的正当性——以法官自由裁量权为角度的说明

On the Justification of "the First Case of the Chinese Network"——the Case of Huang Jing——An Explanation in the Perspective of Judge’s Right of Discretion

法官自由裁量权几乎在每个案件中存在。为了获得当事人的认同,减少案件质疑,自由裁量权的正当性尤其重要。分析"华人网络第一案"黄静案可以看出,正当程序和判决的合理化说明是其两个基本条件,而且这两个条件处于一种辩证关系。

There exists the right of discretion of a judge almost in every case. The justification of the right of discretion of a judge is very important for winning the recognition of the litigants and reducing the doubts of a case. From the case of Huang Jing, we can see that due process and reasonable explanation of a judgment are essential conditions, which are dialectical.