Judges discretion and method of regulation of discretion, is a hot issue in the theoretical study and practical exploration in all countries of the world in judicial system. At present, China is in the social transformation period of rapid economic development, the local economic and social development is not balanced, coupled with the characteristics of grammar itself has, the decision of the peopleCivil lawHospital in the trial work requires some discretion. However, because the scope of the current theory and practice of discretion and how to regulate issues is still being disputed, some judges have some vague understanding, how to exercise discretion at the same time, the social from all walks of life to the exercise of discretion is concerned, the people's court to further standardize the free hope discretion, the promotion of justice. In view of this, the Supreme People's court two people court in 2009 will be the legitimate standards and regulations of civil judicial discretion is recommended as the key research topics in 2010 the Supreme People's court, and to determine the four court of Hainan Province Higher People's court, the Shanghai second intermediate people's Court of Guangdong Province, Shenzhen City Intermediate People's court, the Han River Hubei City Intermediate People's court as the project undertaker. After extensive research, based on summarizing the four task units research report, the Supreme People's court two people court drafted the "several opinions on further regulating the exercise of discretion of civil and commercial trial". According to the Supreme People's court professional trial committee's decision, it can expand the scope of application, the people's court as the guidance for the trial and execution of work. In accordance with the views of characteristics, two people court with criminal, administrative trial modifications, enrich, improve the opinion, formed "on the trial and enforcement work to standardize the discretion of securityLawDirective opinion "unified, and implemented in 2012 February enacted the national court. Combining the opinions about and think about the experience of discretion.

The properties of a, discretion and judicial system in different position of discretion

On discretion, have different understanding of different judicial system, but its core content is consistent, namely judge or judicial organization in the trial process, to choose and judge according to the principles of law and justice, make a reasonable judgment power.

1 discretion is an important content of the judicial power, is a judge in the judicial process based on the inherent power of the occupation. None of the laws can be the pink of perfection, to provide clear and specific answers all the questions, the objective need for judges to exercise some discretion, to make up for the lack of law system. In the Anglo American law system, common law system to follow the precedent principle is using the judicial activities of judges has established, the judge has to open a new precedent to create new legal tradition. In the continental law system, there was a time law is considered a self-sufficient, logically consistent system, all the problems happened in reality or possible, can be through the logical inference from the legal system has been obtained in solving. Application of law is the logical reasoning process, does not have the discretion of the judge. With the development of economy and society, a code system culture gradually exposed its limitations, code omnipotent was found but is ideal, the applicable law is not only according to the formal reasoning process of legal norms to draw specific conclusions, it is inevitable there is value judgment or to measure the interests, needs the exercise of discretion.

2 discretion is relatively flexible jurisdiction. Jurisdiction is in accordance with the law rules on the specific cases of judgment power, jurisdiction principle should be strictly restricted, the specific requirements of the referee results must comply with the law. Discretion is the judge according to the specific circumstances of the case, weigh the advantages and disadvantages in the fair, justice value target guidance, as appropriate, the referee's authority. Compared with general jurisdiction, less constrained discretion, the existing law does not provide the standard answer only to exercise, with a certain degree of flexibility. Therefore, the judge in accordance with the law the legitimate exercise of the discretion of the results should be respected, even if the results with other judge's view is not entirely consistent. Of course, the discretion of the flexibility is relative, the exercise of discretion can not be arbitrary, and must be based on the case of fairness, justice, reasonable treatment as the goal, the processing results shall be consistent with the direction of social development. The exercise of civil judicial discretion, which should also be subject to relevant parties rights and litigation rights entity.

There is space depends on the legal environment in a country's economic and social development in the 3 discretion. Realization of discretion and the rule of law in the common commitment to law and order. The rule of law with stability, general features, is conducive to maintaining the security of social order, but also the existence of fuzziness, incompleteness, lagging behind, not objective and other issues, judicial organs in the specific case of bear legal specific, making up the legal loopholes, promote the perfection of law and other functions, the discretion the realization of the right to universal justice and individual justice, formal justice and substantive justice unity. Therefore, if a country's legal system is perfect, the law is the judicial organ specific, the fewer functions to fill loopholes in the law, the discretionary space is relatively small, and greater discretionary space. If a country's economy and society in a relatively rapid development period, the limitation of the current legal system will be more prominent, judicial organs should take promoting the development of the law and improve the function of the heavier, discretionary space is relatively large, and discretionary space smaller.

Localization of discretion in the judicial system in different

1 discretion is the function of law judicial organs undertake reflected in specific cases, has important influence on the design of function orientation of judicial discretion. In the Anglo American law system, under the influence of historical tradition, judicial organs to assume greater function in social management, it is not only the enforcement of legislation, is the law of the creator, directly involved in even decide major policy formation. Therefore, the Anglo American Law of discretion more positive attitude, emphasizing the discretion is a kind of immunity, hope the judge to give play to the subjective initiative in specific cases, undertake legal responsibilities, so as to make the law more in line with the requirements of economic and social development. In the continental law system, the judicial authority is the executive body of legislation, its main function is according to the rule of law enacted by the legislature of the trial of the case law, carry out the bearing in the specific case in the spirit of the policy, judicial authorities have a discretion is more deviation from the rule of law and order. Therefore, the continental law system on discretion more negative attitude, emphasizes the limitation of discretion, to eliminate or reduce the subjective factors in the judicial process.

2 discretion have different ranges in different judicial system. In common law, the judge is the creation of the new legal tradition, but the trial judge is not constrained, and the doctrine of precedent. With the refinement of the doctrine of precedent, the common law system in the actual operation is too rigid, exposes obvious lag. In this case, theoretical and practical circles have put forward the discretion, asked the judge to breakthrough the principle of precedent in specific circumstances, the development of law. Therefore, the discretion of the Anglo American law system is the development law for the core power. In the continental law system, the discretion is more and the code perfectionism ideal prospect burst associated. Because the law is inevitable existence value judgment or the interests of the measure, how to treat the individual subjective factors affecting the case become must face the problem. In this case, to the discretion of the existence in the case of the trial on the theoretical and practical circles, and continue to explore various ways to exercise discretion standard. Therefore, the discretion of the continental law system refers to the judge in the case law, fact finding and program command discretion space exists in various stages of. Affected by the administrative discretion theory, Germany and China's Taiwan area has a clear distinction between the discretion in terms of uncertainty and discretion in concept, think of uncertain elements existing in the concept of law, though it is possible a variety of interpretation or judgment, but only one is correct, the superior the court may on the lower courts to apply uncertain concept to review the results, so it does not belong to the discretion.

3 the correct exercise discretion cannot do without the corresponding regulations and rules. Exercise to prevent the discretion of the disturbance is not proper, the independence of the judiciary, legal proceedings, mature technology and perfect the judicial occupation protection independently for the judge to exercise discretion is very important, which is jointly by two legal inspection. The exercise of discretion is lack of the legal entity standard, easily by individual judges to seek personal gain, therefore, the exercise of the two legal systems have actively explore various mechanisms on the discretion of the specification, but the regulation is different: civil law focuses more on exercise method and the entity Standard Specification, the Anglo American law system it focuses more on the exercise program specification. Civil law thought, strictly abide by the method of judicial adjudication, in any case can be found in only one correct answer, the judicial process is a process of scientific, verifiable, objective standard with the referee process. This concept is not consistent with the actual adjudication process, but not the importance of shake of judicial judgment methods, judicial judgment method still can make the discretion to be an open process, a review of the object. According to discretion may exist in the process of judicial adjudication, correction of the theoretical and practical circles tend to the original judgment method, guidelines and standards for physical exercise discretion provide. Common law is that, with the discretion of the exemption, more through litigation, evidence rule, judgment and reasoning, the trial management program, exercise of discretion standard, in order to realize the exercise of discretion.

There are two conditions and scope, discretion

The objective conditions for the existence of discretion

Formation of the socialist legal system Chinese characteristics, generally solved the basic problem, but a historical stage, from the point of our country has the situation, completely eliminate discretion objectively can neither be, nor the reality.

First, require discretion of specific historical stage at present objectively right. At present our country is in the social transition and economic development history, historical problems exposed in the process of social transition gradually in the form of the case to enter the court. Because this problem belongs to the product in the process of social transformation, historical background and policy reasons given, the legislative general did not make a clear standard to its, is also very difficult to simply based on the current legal norms to adjust, which requires judges to exercise discretion, in the scope of legal and policy constraints, efforts to resolve conflicts and disputes. At the same time, the rapid economic and social development has brought a lot of new situations and new problems, there is a certain lag legislation objectively, which also requires the people's court shall play the subjective initiative, make up the deficiency of the legislation, determine the relevant trading rules, and judicial guarantee for the stable and rapid economic development.

Second, specific national condition decided the discretion of judge need. Our country is vast in territory, the local economic and social development is not balanced, which brings great difficulties to the legislation. The law is too specific, may not be available in all places, or in the application process may easily cause unreasonable problems; legal provisions are very in principle, to have greater flexibility, wide application range, but is likely to judge discretion space is too large. The reality of the situation in the lead to difficulties in legislation, also asked to adjudicate a case of judges, accurately grasp the spirit of the law, the right to interpret the law, the gap between legislation and reality bridge. In addition, China's vast territory, numerous nationalities, different customs and habits often exists between different places, different nationalities, different understanding of the same problem, the law cannot make the unified regulations on these issues, this also requires the judge in the trial of disputes, judicial discretion correctly, make a reasonable judgment according to local customs.

Third, require discretion into grammar problems objectively right. The socialist legal system Chinese characteristics have been formed, but not closed, but open, development. In order to maintain the legal provisions of the flexibility and adaptability of the Legislative Council, with some uncertain concepts and discretion clause, in specific cases, according to the specific circumstances of the case processing allows the people's court, the court needs to exercise discretion, in specific cases in implementing the spirit of the law. In addition, as the civil law countries, the statute law has fuzziness, incompleteness, lagging behind, not the purpose and limitations are inevitable, some cases are unable to find the only right answer from the existing legal system, which requires the judge in the case of strictly in accordance with the law and the judicial process, the exercise of discretion in accordance with the law, to achieve fairness and justice of the referee.

The scope of discretion

The existence of social public to the discretion of different understanding, theorists have different views, often use discretion in the different meanings. To unify the understanding, reduce disputes, it is necessary to the discretion of the definition of. From the general point of view, the discretionary power is the people's court in the trial process, within the limits prescribed by law, or the law does not stipulate and provisions are not clear, but the situation required, according to the legislative intent or the spirit of the law, principles and rules, uphold the correct division law and conscience, follow the rule of thumb the use of logical reasoning method,, to choose and judge of the fact finding, applicable law and procedure command matters, and ultimately make a lawful, fair, reasonable judgment power. The definition, can be understood from the following aspects:

First, the subject of right of discretion is the people's courts at all levels. The viewpoint thinks, discretion is in specific cases, appropriate choice of judgment power, the exercise of the subject is to adjudicate a case judge or judicial organization. The author thinks, according to China's ConstitutionLaws and regulationsThe people's court in accordance with the law, exercise judicial power independently. Discretion is the important content of judicial power, the exercise of main body is the people's courts at all levels.

Second, discretion exists only in the rule of law and the rule of law within the outside. According to the relation between the discretion and the rule of law, discretion can discretion for discretion, the rule of law within the legal rules and discretion beyond beyond the rules of right. The discretion of the rule of law is within the discretion exists because of a clear legal authority or the stipulation is not clear. The discretion of the rule of law, refers to the discretion exists because the law does not require. Discretion beyond the rules by law has been clearly defined but may result in unjust results, discretion to amend the law judges shall enjoy the. Discretion of law within the rules and the legal rule are inevitably exist in various countries, and China is no exception, the discretion should be admitted. Stability of discretion beyond the rules may undermine the rule of law, should not be recognized.

Third, the existence of discretion in the application of law, fact finding and program processing links. The judicial activities of judges follow the statutory procedures, the process of judgment in accordance with the law and the facts of the case, including the fact that the applicable law, three links and litigation. The viewpoint thinks, fact belongs to the category of discretional evaluation of evidence, does not belong to the scope of discretion. The author thinks, the discretionary space existing facts, applicable law and procedures of three links is similar, the judge has a certain flexibility in the three part, also need to be standardized. Process the free heart certificate has certain particularity, but does not deny the right of discretion is a kind of nature.

Fourth, discretion exists not only in terms of discretion, also exist in the uncertain concept. The viewpoint thinks, in the uncertain discretion in concept and discretion clause in the discretion is not the same, should learn from Germany and Taiwan region of China's practice, the distinction between the two. Undeniable, uncertain discretion and discretion clause concept is not uniform, uncertain discretion concept generally have only one right answer, the discretion of the general clause that can have different answers. But in practice, the uncertain discretion space concept and discretion to the judge left terms are the same, the judge's flexibility also need to be restricted, and the control has the similar way, can be unified and standardized, only need to design some specific system of regulating the distinction between. Germany and China's Taiwan region, the two were the most important reason is the distinction between civil litigation, a clear distinction in legal issues and questions of fact. Our country's civil and commercial trial does not distinguish between facts and legal issues, and also lack of norms of uncertainty of the concept, there is no need to distinguish between uncertain discretion discretion in terms of the concept of.

Three, the exercise of discretion and its regulation

Discretion of the conditions, principles and methods

1 discretion conditions. Discretion in trial stages, but not all cases are the existence of discretion. Generally speaking, the following situations allows the judge to exercise discretion. One is expressly authorized by law. Authorized by law is based on the specific circumstances of the case discretion authorized directly, can also be authorized to choose from several legal situation in its discretion, or discretion in the legal range, range. Two is the law does not expressly authorized, but the expressions were not specific, clear, can not provide the judge confirmed, the judge should combine the concrete conditions of the case to exercise discretion, to interpret the spirit of the law, regulations or provisions. The three is the fact finding process. That the judge evidence collection, evidence in evidence and standard of proof have judged the inevitable existence space of discretion. Of course, that not all the facts of the case have the discretion, the rules of evidence of specific, clear, only strictly in accordance with the rules of evidence judgment, not to exercise discretion. Four is a new type of case law has no provisions appear, the judges to exercise discretion, according to legal principles and spirit of the case to trial. Needs to be emphasized is, clearly defined in law, the judge should not against the law to exercise discretion.

2 the discretion principle. Discretion is embodied in specific cases, the special case decided discretion can not be set up specific rules, but through the principle of discretion guidance. At present, the judicial technology in China is not mature, the principles and norms of the right of discretion is necessary, including the following principles: one is the principle of legality. The exercise of discretion should have the appropriate conditions, follow the statutory procedures, in accordance with the law, regulations and judicial interpretations of the spirit as well as the basic legal requirements, not in violation of the law clear and specific provisions, this is the exercise of discretion of the most basic requirements. Two is the rational principle. The exercise of discretion should fully consider the factors such as the identity of public policy, the social mainstream value idea, the social development stage, the social public, correctly grasp the work of different trial judge philosophy, correctly handle the relationship between public interests and personal interests, personal interests and property interests, the interests of the survival and commercial interests, ensure the results are consistent with the direction of social development, to achieve the unity of legal effect and social effect. Three is the principle of justice. The exercise of discretion should adhere to the entity justice and procedural fairness, should be strictly neutral in the procedure, treat the parties equality, not for being biased, the entity should pay attention to the discretion of justice results and the public generally understood fit, the results should be consistent with the requirements of judicial justice. Four is the principle of openness. The open principle is to be in an appropriate manner, which relates to the discretionary procedures, methods, results and other matters, be open, discretion discretion, discretion results public reason open. Five is the principle of prudence. Prudence principle requires exercising its discretion, should strengthen the sense of responsibility, in the full understanding of the spirit of the law, in accordance with the law case, prudent judgment, shall not be arbitrarily, hasty discretion.

Methods 3 exercise of discretion. Justice is the judge according to the existing legal norms for the specific case of conclusions, unified method of judicial adjudication is an important guarantee for the exercise of discretion right. In judicial practice, the judicial judgment method can obtain a conclusion, not to exercise discretion; need to exercise discretion, there should be clear the discretion of the link, and use the correct method, the objective standard, the exercise of discretion. From the judicial process, judicial judgment methods include fact finding method, legal discovery, legal interpretation, legal applicable methods, including legal interpretation method includes the narrow interpretation of the law and legal loophole filling method, the former refers to the literal interpretation, systematic interpretation, historical interpretation and purpose interpretation and the uncertainty of the concept of specific methods, the latter refers to the course of reasoning, analogy, expansion, limit of aim and informal sources of law supplement method. The theory and practice of judicial adjudication methods have a large number of research, some methods have been formed a relatively unified point of view, should be the correct use of these methods in judicial practice. In addition, in some complicated cases, using the method of balancing of interests should be the correct exercise of discretion. Interests include objective interests measure and the choice of value. Interest measure must pay attention to and law with legal reasons, leaving the conclusion not reasoning and argumentation, must withstand the test of legal norms and law theory, so as not to become a person for an arbitrary decision.

Discretion of procedural restriction mechanism

Where China's current stage of development and special national condition decided the discretion has the necessity and legitimacy of its existence, should be fully affirmed. From the positioning of China's judicial organs and the judicial environment, the current should be to strengthen the norms to exercise discretion as the goal.

First, the judicial status of decision should regulate discretion. According to the provisions of the Constitution and the organic law of the people's court, the National People's Congress is the highest organ of state power, the court by the National People's Congress and local people's congresses elected and accountable, in addition to the Supreme Court to make judicial interpretation, the legislative power and the power of legal interpretation is vested in the National People's Congress and the National People's Congress Standing Committee, the court can only strictly according to the law case. From this perspective, the judicial organs of China more is the executive body of legislation, its main function is in accordance with the law to hear the case, did not create the law and explain the legal authority. Therefore, the discretion should be strictly regulated.

Second, the judicial referee of the immature request to strengthen the regulation of administrative discretion. Whether it is the discretion of Anglo American law system and continental law system, is a mature judicial techniques are based. Anglo American law advocating discretion, because of stare decisis they adhere to lead to the rigidity of the law, the judge to exercise discretion of breakthrough. China after 30 years of construction of rule of law, civil and commercial law has been greatly developed, but has not yet formed a unified method of judicial adjudication, judicial technology is still relatively rough, on the interpretation of the law, the facts binding Co., which judges have great discretion appearances. In this case, we should establish unified judicial judgment methods as soon as possible, improve the judicial referee ability, guide the judge to exercise discretion right.

Third, the judicial environment requirement of strengthening the regulation of administrative discretion. The exercise of discretion, the ability of knowledge and experience to judge individual requirements higher, but at present the majority of the judge's own quality and business level has not yet been fully meet this requirement, the discretion to improper exercise. At the same time, China's current reform of the judicial system is still steadily, court cases in individual cases may still be affected by some external factors, which leads to the judge is sometimes difficult to correct exercise of discretion, some sentence phenomenon is more prominent, not only seriously harm the legitimate interests of the parties, but also affected the people's court and the judge in the party and the masses in the image. Therefore, the objective of judicial environment to strengthen the regulation of administrative discretion, judicial justice.

The fair procedure can eliminate the judge in the trial of cases there may be arbitrary factors, prompted the judge to apply the law to specific cases, to achieve substantive justice. At the same time, the just procedure has independent value, can enhance the identity of the parties to the decision result, realize the legitimacy of judgment. The exercise of discretion is lack of specific physical standards, strengthen procedural norms is particularly important. Mainly in the following aspects:

1 strengthening procedure. The civil procedure law and relevant judicial interpretations of the prosecution of the case, acceptance, trial, evidence, cross examination, authentication, debate, referees and other trial links provided, the judge to exercise discretion shall strictly follow the above rules. In the civil and commercial cases should be restricted, with particular emphasis on the litigation rights of the parties to the discretion of the judge. First of all, should fully guarantee the right to challenge, to prevent unfair factors may have a negative effect on the exercise of discretion. Secondly, we should fully respect the decision of the parties in litigation rights, the judge usually only in the litigant request within the scope of discretion. The waiver or not claimed, and should be respected. Once again, should guarantee the party debate right according to law. We should further improve the trial procedure, improve the quality, solve the difficult problems in the exercise of discretion by the court; on discretionary items may affect the substantive rights of parties or procedural rights, should be the focus of controversy, allowing the parties to debate; without sufficient evidence, the evidence is not debate as the basis of decision. In addition, we should fully protect the right to know, if the exercise of discretion of judges to deal with matters raised questions, the exercise of discretion, based on considerations to interpretation.

2 to strengthen the judicial organization code. The trial organization is the main body to exercise discretion, strengthen the judicial organization construction, is an important way to safeguard the proper exercising discretion. Therefore, to the discretion of the trial organization norms, improve the quality of exercise of discretion. First of all, should strengthen the sole judge standard. At present, quite a number of cases in China is the sole judge trial, these cases are part of the problem relates to the discretion. In order to reduce the discretion of randomness, we should adopt a rational procedure for the single judge to exercise discretion of the specification. Of course, should pay attention to the feasibility of program specification, the single judge, less documented than contradictions very prominent cases, complicated procedures may be an unbearable burden on the courts at the grassroots level. Secondly, should be strong collegial panel trial functions. All members of a collegial panel shall perform their duties according to law, equally participate in the trial, to focus on the review and the exercise of discretion problem. Thirdly, we should give full play to the role of judicial committee pass the exercise of discretion, on some possible rights affect the major substantive rights or procedural matters, and hugely controversial, shall be borne by the judicial committee for discussion and decision.

3 to strengthen normative judgments. Judgment is the embodiment of the final format jurisdiction. Strengthen the standardization of adjudicative document, open the process, can form effective restriction on the conduct of judges, also can make the clients to understand the process, improve the credibility and authority of judicial adjudication. Discretion is the process of subjective choice and judgment of judges, not by external standard to measure, there are some subtle. To strengthen normative judgments, to judge by judicial public discretion process, eliminate the discretion is the most effective way for the right of mystery. Therefore, judgment and discretion should strengthen the case facts reason argument, should be publicly quoted and applicable legal provisions, combined with the facts of the case to clarify the legal application of reason, fully discusses the discretion the legitimacy and rationality, so that the parties be able to clearly see the logic process of the law applicable to the specific cases the facts.

4 to strengthen the trial management. The court is responsible for trial functions, but the function is composed of a specific person to perform, and cannot do without some material basis, which determines the inner court will inevitably have some administrative affairs. These administrative affairs may be cross, and trial mixing, even with the jurisdiction has some kind of conflict, and will affect the exercise of jurisdiction in certain procedures. The exercise of discretion has relative flexibility, possibility by the administrative affairs of the greater. Therefore, it is necessary to strengthen the trial management within the court, through standardized management within the court, the exercise of the process and results of the discretion of the supervision, promote the fair and reasonable discretion. First of all, we should perfect the process management system case, to regulate case, plan, schedule, trial, judgment, execution and other various trials, ensure the right of discretion in accordance with legal procedures, open, fair and orderly exercise. Secondly, we should perfect the mechanism of the case quality comments, exploration to discretion case evaluation standard, the exercise of discretion is included in the scope of the case quality comments. The exercise of discretion of misconduct, should be combined with the relevant provisions dealt with trial quality assessment.

5 a reasonable standard of trial supervision and judicial supervision. The trial level system and the trial surveillance function lies in through the correct the wrong judgment, unify the judicial standards, protecting the legitimate rights and interests of the parties. Influence the exercise of discretion by the judge to subjective factors, strengthen supervision and judicial supervision can induce the judge conscientiously perform their judicial functions, to exercise discretion discreet. Notable is, supervisory discretion should pay attention to the extent and depth of supervision, not to a discretion to replace another kind of discretion. Therefore, the lower court according to the law the legitimate exercise of discretion and judgement, the court shall be maintained in accordance with the law; the lower court to exercise discretion is obviously inappropriate, the superior court can be revoked or altered; the trial court to exercise discretion not significant when, can only be repealed or modified in accordance with the procedures trial supervision.

Security mechanism of discretion

1 strengthen the judicial interpretation. Any law can not completely eliminate the existence of discretion, but can through reasonable way as far as possible to the discretion of constraints in the relatively reasonable space, avoid the similar case discretion results difference is too large, so that the exercise of discretion in a reasonable range, relative to the general the public can accept. Due to the civil and commercial legislation in the field of appropriate legislative thinking is not fine coarse, objective discretion for judges to leave more space. Therefore, we should strengthen the work of judicial interpretation, principles and refining in terms of legislation is too wide, selective terms and license terms, promptly clean up the judicial interpretation has become obsolete or conflict with the law, maintain the judicial interpretation of the coordination and efficiency, reduce the discretionary space is not necessary.

2 strengthenCaseGuidance. The precedent system is the product of the Anglo American law system, but the current civil law countries and regions have established various kinds of case system in different forms, to guide the new types of cases, in order to deal with a shortage of written law. The Supreme People's Court issued the "Regulations" directing work on the case in 2010, officially launched the case guidance, and gradually began to publish the guide case. In order to enhance the discretion guidance of targeted, in case guidance published, targeted screening of expansion, in the procedure of case facts and legal application involves discretionary items case, type of the considerations and discretion standard.

3 to strengthen communication and coordination. In order to further reduce some sentence phenomenon, we should perfect the unity of discretion standard mechanism of trial work. The court should establish the mechanism between the trial, the trial organization justice information transmission mechanism, timely found discretion in question, and strive to achieve the unity of internal standard court judge. The higher court should establish legal coordination mechanism, to solve the application of legal jurisdiction court. Different courts should strengthen communication and coordination, and strive to different regions of similar cases in court judgment results are basically consistent, ensure the exercise of discretion right.

4, strengthen the team building. The exercise of judicial jurisdiction cannot do without the judge, to improve the level of discretion, should strengthen the team building. Should do a good job in the selection of judges and the training work, improve the judge's judicial referee ability should be strengthened; the judge occupation moral construction, the cultivation of the consciousness of the judge occupation community, forming the legal value; should strictly implement the provisions of the constitution, the law of judge, strengthen the occupation protection, protection of the legitimate exercise of discretion of the judge. In addition, we should strengthen the supervision of the exercise of discretion, the abuse of discretion and constitutes a violation of law, shall be handled in accordance with relevant laws and regulations and discipline.

5 making the referee guidelines. The scope of the discretion of the widely, but the exercise of link relatively concentrated, therefore, can the exercise of discretion is the concentration of the type of case investigation, summing up the experience in trial, making judgments guide, guide the exercise of discretion right. For example, can discretion will contract dispute, dispute, financial disputes, infringement disputes, property disputes and other civil and commercial cases exercise introduced the corresponding adjudication guidelines, guarantee the exercise of discretion is more rigorous, standardized.