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法官的自由裁量权是法官在多种可能被合法选择适用的法律规则中合理地选择其一,或者是在没有明确规则可以供适用的时候详细阐述裁决理由的权力。籍于部分法官滥用自由裁量权的情形,应当意识到禁止甚至否认法官自由裁量权是毫无意义的,如何消除法官自由裁量行为失范和规范法官自由裁量行为才是问题的关键。文章试图从法官内在素养、自由裁量权的行使环境、对法官自由裁量权的监督这三方面来探讨如何规范法官行使自由裁量权。
Judges’ discretionary power is the judge’s choice of one of the many legal rules that may be lawfully chosen or the power to elaborate the reasons for the decision in the absence of a clear rule that is applicable. Due to the abuse of discretion by some judges, it should be realized that it is meaningless to prohibit or even deny the judge’s discretion. It is the crux of the matter how to eliminate the judge’s discretionary behavior and to regulate the judge’s discretion. The article attempts to discuss how to regulate the exercise of discretion of judges from the three aspects of the inner quality of judges, the exercise environment of discretion and the supervision of judges’ discretion.