论自由裁量权的自由度

On the Extent of Free Judgment

由于立法滞后等因素 ,使自由裁量权必然存在。法院独立行使审判权和检察院对法院的法律监督和抗诉 ,还得以法官最后裁判结果为归依。所以在自由裁量权存在的范围内 ,司法是否公正 。

Due to a number of factors (e.g. the delaying of legislation), the existence of free judgment is inevitable. As a consequence, the trial is conducted independently by the court, and the legal supervision and counterappeal from the procurator give way to the final judgment from the court. Therefore, when free judgment is practised in court, whether the law and jurisdiction is fair depends on the all round qualities of the judge.