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Judges Discretion and justice

Author: YouYanHong
Tutor: TangYongChun
School: Heilongjiang University
Course: Legal
Keywords: Discretion Justice Rational regulation
CLC: D926.2
Type: Master's thesis
Year: 2008
Downloads: 261
Quote: 2
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Abstract


Discretion problem is an enduring philosophy of law topic areas , and the judge discretion to exercise judicial power is the basic content , to maximize justice and social justice are the basic value orientation . This paper applies the law as a starting point , around the existence of judicial discretion reason , rationality criteria , as well as Western countries judges in adjudicating cases, two legal process, facts and applicable law differences in the way that the exercise of discretion throughout the course of the trial judge 's always been. At present China's ongoing reform of the judicial system , how to deal with the judge 's discretion and can not be avoided is a great theoretical and practical significance. Therefore, this combination of judicial discretion the status quo and existing problems , proposed to further judicial discretion rational regulation, through legislative control , judicial independence and improve the quality of judges, as well as process control and other ways , the judges discretion exercise control within reasonable limits , in order to promote justice. In this paper, a practical person point of view, to observe discretionary matter , in order to start a discussion , and seek public concern and continues to make in depth.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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