毕设论文-论法官自由裁量权的正确运用.docVIP

中文摘要 尽管我国法律没有明规定“法官自由裁量权”，但“法官自由裁量权”却无处不在富于合理弹性法律规则对法官自由裁量实行鼓励原则Although the laws have been not defining the concept of judges’ discretion literally in China, it is ubiquitous in the realm of judicial practice. Due to the lag of legislation, the low judges’ quality, and the unrealized judicial independence in China, it results in so many problems in practice that we have to ameliorate these. In the legislation, it is necessary to give the judges’ discretion the scope of authorization clearly in legal form, which has reasonable elastic legal rules, and constantly improve laws and regulations