论文部分内容阅读
法律自身的抽象性、模糊性为法官滥用刑事自由裁量权提供了空间,法官的良知及其法律知识水平的提高则对其滥用刑事自由裁量权具有阻却作用。基于此,应当进一步严谨刑事立法和司法解释,缩小法官滥用自由裁量权的法律空间;增强裁判文书的说理性,限制刑事判决的恣意性;强化检察机关和社会对法官行使刑事自由裁量权的监督,完善法官选拔、任免制度,促使法官自觉提高个人修养和综合素质,准确、公平、公正地适用法律。
The abstraction and vagueness of law provide space for judges to abuse criminal discretion. Judges’ conscience and improvement of their legal knowledge have a deterrent effect on abuse of criminal discretion. Therefore, it is necessary to further rigor the criminal legislation and judicial interpretation so as to reduce the legal space for judges to abuse their discretion; to increase the rationality of judicial instruments and limit the arbitrary nature of criminal judgments; to strengthen the supervision over the exercise of criminal discretion by the procuratorial organs and the society , Improve the system of selecting, appointing and dismissing judges, and urge judges to consciously raise their self-cultivation and comprehensive qualities and apply the law accurately, fairly and impartially.