Study on the limits of judicial discretion
Bo Ding
Abstract
Bo Ding
Abstract
Judicial discretion has long been the focus of society.Anglo-American law system and continental law system countries all pay full attention to the judicial discretion.It is necessary to limit the judicial discretion because of its current problems.In the background of promoting standardization of sentencing,the judicial discretion should cater the progress of the sentencing standardization.From improving their own quality,improving legislation circumstances and regulating the referee document making to limit judicial discretion,so as to realize the fair sentencing.
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Judicial discretion has long been the focus of society.Anglo-American law system and continental law system countries all pay full attention to the judicial discretion.It is necessary to limit the judicial discretion because of its current problems.In the background of promoting standardization of sentencing,the judicial discretion should cater the progress of the sentencing standardization.From improving their own quality,improving legislation circumstances and regulating the referee document making to limit judicial discretion,so as to realize the fair sentencing.
Key concepts: Judicial discretion, Discretion, Legislation, Political science, Law, Standardization, Limit (mathematics), Judicial review