On the applying and restraining of judge’s discretion
Abstract
It’s the law that endow the discretion in cirminal proceedings of the judge ,which is the privilege of the judge .Due to the defects of the penal code itself,the law has to endow the discretion in criminal proceedings to the judge to safeguard the justice and impartiality .The judge can overcome the defects of the law by performing the discretion in criminal proceedings.However,the judge may be interfered with the inner or outer factors when performing the rules ,which lead to the misuse of discretion and result in the prestigless of the law .This thesis summarizes the connotation of the discretion in criminal proceedings and anaylizes the present situation of the judge’s application of the rule .Concluded that judges of our country have a relative discretion in criminal proceedings .To overcome the bed offects which occurs by using of discretion building and consummating a series of instituting is necessary.It is expected that the judge can use the discretion in criminal proceedings properly and effectinely through the building and consummating the institution.
Keywords: discretion in criminal proceeding ；application of discretion ；restriction of power
