司法实践中,司法腐败成为困扰我国司法领域的顽疾,因此需要对法官的裁量权进行一定的约束。现实中案件在法庭审理结束后,大部分要经过审判委员会讨论或院长等的审批,才能最后做出判决书,这种审者不判、判者不审的行政决策模式,不但对制约法官裁判权的作用有限,而且使刑事诉讼法规定的一系列审判原则、制度流于形式,不利于程序正义的实现。鉴于此,我们可以探讨通过利用当事人的诉讼权利来制约法官的自由裁量权,如通过召开庭前会议、规范庭外证据调查、独立的量刑程序、判决书说理以及上诉权、申诉权来制约裁判权。 In judicial practice, judicial corruption has become a chronic problem that beset the judicial field in our country. Therefore, the discretion of judges must be restrained. In reality, most of the cases go through the discussion of the judicial committee or the approval of the president after the trial of the court is over, so that the verdict can be finalized. The administrative decision-making model in which the trial is not adjudicated and the trial judge does not adjudicate will not only have a negative impact on the judges’ The function of power is limited, and it is not conducive to the realization of procedural justice that a series of trial principles and systems stipulated in the Criminal Procedure Law should be meted out. In view of this, we can explore the use of the parties’ procedural rights to restrict the discretion of the judges, such as holding the pre-trial meeting, standardizing the investigation of extra-territorial evidence, independent sentencing procedures, the judgment of judgments and the right of appeal and right of appeal .