A Discussion of Reasonable Regulation of Judges’ Discretion in the Chinese Context

It is universally recognized that at present China has its own unique national conditions and system operation. Any advanced system, if transplanted into this land, must be properly modified to become more adaptable to the Chinese reality without producing any ejective effect. This is true with judges’ discretion. In the Chinese context, on one hand, the discretion can not be overemphasized; otherwise this right may become too powerful to go beyond control, which will inevitably lead to the violations of legislative power and public interest. On the other hand, the right of discretion cannot be weaken, which may hold back the initiative of the judiciary, resulting in the rigid dogma of justice. Therefore, it is very important to focus on the established supply of space and resources and to impose reasonable regulations on judges’ discretion.