论法官刑事自由裁量权程序约束机制之构建

On the procedure system design of Judge's Free Criminal Discretion

法官的刑事自由裁量权是一种司法权力,其权能贯穿于刑事司法的全过程,无论在实体法上还是在程序法上都体现着法官的刑事自由裁量的权能。因此,对法官刑事自由裁量权的范围加以规制和约束是十分必要的。本文从程序制度设计的角度,提出解决法官裁量权随意行使的现实方法。

Judge＇s free criminal discretion is one of the important sections of jurisdiction,which plays an essential role in the practice of criminal laws.Generally speaking,judge＇s free criminal discretion is a kind of juridical right, which take part in the all criminal justice procedure.Its＇s powers and functions could be fund,not only in the substantive laws,but also in the adjective laws. And as a result,it is very important to specify and restrict the extension of judge＇s free criminal discretion.gives some actual methods to deal with the abuse of judge＇s free criminal discretion,from the angle of procedure system design,based on the analysis of the development of China＇s judge＇s free criminal discretion.