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The discretion of the judges of the judicial power is the important component. Especially in the criminal trial, the adoption of evidence, findings of fact and conviction in sentencing, such as huge impact, whether the proper exercise of this power for the legalization of Justice also has great significance. Although China does not recognize the legislative discretion of the judge, but on judicial practice has proved that the judge's discretion is evident, even to some extent, China's judges than the common law judges greater discretion grasp Right. As any of the legal system may be abused, the judge's discretion may also be used to practicing favoritism, with impunity select different, with different responsibilities of impunity, Jiqingjizhong, applicable legal provisions which led to the failure of the cases Xianshigongping China is not uncommon. Main reason is: On the one hand, has yet to agree to the discretion of the general theoretical understanding on the other ha