沈阳工业大学学报（社会科学版）2016，Vol.9Issue(1)：20-25,6.DOI:10.7688/j.issn.1674-0823.2016.01.04
司法公开中的裁量及其统制
Discretion and control in open judiciary
摘要
Abstract
Currently, there are many problems in the practice of open judiciary in China. The systematic research is needed on the theory of judicial discretion. Being different from administrative discretion, judicial discretion has the characteristics such as the specific subject, the insufficient supervision, and the statutory scope. And judicial discretion is affected by the factors such as economic and social development, legal norms, judge' s professional quality, and right consciousness of citizens. In the open judicial discretion, judges should not only focus on the good publicity of procedure, but also pay attention to the interpretation and reasoning work in judgments. In order to promote the good exercise of judicial openness discretion, reasonable control system should be built from the aspect of legislative control, self-regulation and social control of legislation.关键词
司法公开/裁量/形式公开/程序公开/实质公开/统制Key words
open judiciary/discretion/form openness/procedure openness/substance openness/control分类
社会科学引用本文复制引用
史全增..司法公开中的裁量及其统制[J].沈阳工业大学学报（社会科学版）,2016,9(1):20-25,6.基金项目
北京市法学会2015年市级法学研究课题(BLS[2015]C003). （BLS[2015]C003）
