司法自由裁量仅是十九世纪末二十世纪初西方法学家提出的重要理论。它的本意是指在认定事实和运用法律过程中．为了使判决公正合理．法庭（或法官）可灵活运用法律规范的权力。其目的就是使法律的稳定性和灵活性相协调．适应社会发展变化的需要．使法律从抽象到具体，从一般公 Judicial discretion is only an important theory put forward by western jurists in the late nineteenth and early twentieth centuries. Its purpose is to identify facts and apply the law. In order to make the judgment fair and reasonable. Courts (or judges) have the flexibility to apply legal norms. Its purpose is to harmonize the stability and flexibility of the law. Adapt to the needs of social development and change. From the abstract to the concrete law, from the general public