关于裁判员“自由裁量权”的若干问题分析  

On Some Issues About the Measuring Right of Judges

作　　者：戴敬东[1] 

机构地区：[1]浙江大学教育学院体育系

出　　处：《北京体育大学学报》2008年第1期132-134,共3页Journal of Beijing Sport University

摘　　要：借用行政法学"自由裁量权"相关理论,着重分析了裁判员"自由裁量权"的存在依据、构成部分和行使途径,从根本上探讨裁判员"自由裁量"客观表象下的主观性问题,及其与竞赛规则客观要求的关系问题,力图在理论层面上揭示裁判员滥用职权的可能性和途径。Based on the theory of the free measuring fight in the area of administrative law, the study focuses on the analysis of the free measuring right, which is given to judges, and on the reasons why it exists. It also deals with basic parts of the right and with how judges use it. When a judge judges in a competition, he will follow the rules. It seems to be objective, while it is in fact more subjective. This is because that the judge has his own understanding of the rules and that the results may not be consistent with the rules. Thus, theoretically, our study aims at the probabilities that judges will abuse his measuring rights.

关 键 词：裁判员 自由裁量权 规则 

分 类 号：D912.1[政治法律—宪法学与行政法学]