法官的自由裁量权分析——以许霆案为视角.pdfVIP

Abstract In 2008, people questioned a lot about Justice in the case of Xu Ting. A few times later,Guangzhou Intermediate Peoples Court answered many dispute in this case.From those words we can touch the Judges inference about them how to make decisions .Also,we could analyze Judicial Discretion clearly and reasonable. Second trial of Xu Ting case reduce the criticism about the Lag of law,but it increased peoples suspicion about Judicial Discretion .In reality, Different sub-co happened many times.How to make Judicial Discretion performed surefire and reasonale is an important assue which received highly concern. After compared the Verdict and the Second trial of Xu Ting case,plus the Judges explainations of those judgment,we should learn that judgment base on the rule of law ,the facts of the case,and the decisions of Judge.Amout them,the decisions of Judge played a very important role of the judgment. Because some flexible space exist in rules,there is some differ appear in a Judges decision.On the other hand, some rules may acting on one dispute together,when Judge cited from those rules,because of their differ views and value,them may make different decisions to the Judgment.Those decisions formed the features of Judicial Discretion. Judgments differ significant impact on those parties to the case. The rationality of decision was reasonable and expectance or not would influence public view of the effectiveness of law.So,when a decision gained high criticism,it must be reviewed carefully. Judicial Discretion must be under control of Fair and Justice.To management this power,We could make some rules of procedure.We also could reduce