法官是案件的审判者,是审判权的行使者,是司法正义的实现者。在审判案件时,出现法律规则模糊不清、法律法规冲突和法律规则漏洞的情况,法官行使自由裁量权,寻找出适用于个案的法律规范。法官公正、独立的行使审判权,积极主动建设司法文化,合理规制自由裁量权的行使,从而实现个案的正义。 Judge is the case judge, is the exercise of judicial power, is the realization of judicial justice. In the trial of the case, there are ambiguous legal rules, conflicts of laws and regulations and loopholes in the rules of law, the judge exercised discretion to find out the legal norms applicable to individual cases. Judges exercise impartial and independent judicial power, and actively take the initiative to build a judicial culture, reasonable regulation of the exercise of discretion, so as to achieve the case of justice.