法官自由裁量权在西方和我国的学界是常争常新的论题,涉及范围较广。目前,有一点基本得到共识:法官的自由裁量权是必须的。但我们能否找到一根衡量该权限是否适度的标尺呢?笔者试着从历史长河中梳理出影响法官自由裁量权限大小的“参数”,不惴冒昧地提炼出“社会认同度”.以求教于同仁。该认同度可以细化为多个参数,如人们对神意、道德、政策和法律的信仰度,对法官素质的信赖度,认同的价值目标的稳定性等等,所有这些共同决定着社会认同度。基于此,本文首先在从社会心理学角度来探讨社会认同度基础上,再详细论述上述问题。最后,对目前中国法官自由裁量权限大小作出定性分析。 Judges discretion in the West and China’s academic community is often new topic of debate, covering a wide range. At present, it is basically agreed that the judge’s discretion is necessary. But can we find a measure of whether the right is a proper scale? The author tries to sort out from the long history of judges discretion limits the size of the “parameters”, not to presumptuously extract the “social identity.” Yu colleagues. The identity can be refined into a number of parameters, such as people’s belief in God’s will, morality, policies and laws, their trust in the quality of the judge, the stability of their agreed value goals, etc., all of which collectively determine the degree of social acceptance . Based on this, this article firstly discusses the above problems in detail from the perspective of social psychology to explore social acceptance. Finally, the author analyzes the discretion of judges in China at present.