法官的自由裁量是司法过程中经常发生的现象。但是,作为涉及到法官主观意志的活动,在法治社会本身是“以规则为中心的法律秩序”的前提诉求下,法官自由裁量权的合理性或者正当性经常受到质疑。尤其在我国的背景下,是否赋予法官自由裁量权、法官究竟 Judges’ discretion is a frequent phenomenon in the judicial process. However, as an activity involving the subjective will of judges, the legitimacy or justification of judges’ discretion is often questioned under the precondition that the rule of law itself is “rule-centered legal order ”. In the context of our country, in particular, does it give judges the discretion whether a judge or not