法官的自由裁量权的正确行使是保障案件的公正审判与效率的关键。长期以来我国法律没有对法官如何行使自由裁量权加以统一规定,实践中对法官自由裁量的问题存在两种认识:一是主张授予法官绝对的权力;二是主张取消法官自由裁量权,法官只能严格依法作出裁决。本文从一起民事案件判决谈谈法官在民事审判中如何正确行使自由裁量权,实现法律正义。 The correct exercise of the judge’s discretion is the key to guaranteeing the fair trial and efficiency of the case. For a long time, our country’s law has not unified the judge how to exercise discretion. There are two kinds of cognition to judge’s discretion in practice: one is advocating the absolute power of judges; the other is advocating the abolition of judge’s discretion; Make a ruling strictly according to law. This article from a civil case judgment to talk about how judges in the civil trial correctly exercise the right of discretion to achieve legal justice.