法官自由裁量权的范围及其法律阻却

The Range of Judge's Judicial Discretion and Its Legal Restraint

自从人类社会诞生法律以来,法律表述上的模糊性便一直桎梏着人们对法律明确性美好愿望的实现。通过对法官社会下法官自由裁量权存在的意义、范围及其法律阻却问题的阐述,为法官自由裁量权的存在及其应用提供理论根据和指导,从而在法律规则的僵硬性与现实生活的灵活性之间寻求最大限度的平衡,使判决获得良好的社会效果就显得尤为重要。

Since human beings have the law, the fuzziness of the legal fact and the people＇s desire for the clarity of law have been tangled and existed as a pair of disalectical relationship. This paper expect to provide an oretical guidance for the judicial discretion to moderate and eliminate the contradiction between the rigid rules and the flexible real life by exploring the meaning, the range and the legal restraint of the existion of judicial discretion under the judge society, thus, to seek a balance between the firmness of legal regulations and flexibility of practical life so as to achieve good social effect of judgement.