程序裁量权是司法审判权的重要组成部分,也是最活跃的部分。在我国民事诉讼改革中,建立怎样的法官职权模式未有定论,而对待具有裁量性质的权力,还有待研究。程序裁量权是对个别正义人性关怀的体现,在法治社会中这种权力并不会消失,反而因为社会发展的不平衡性而大量存在,特别对于我国在司法改革中长时间内要面对的“乡土化”困境时,无视或者惧怕法官程序裁量权的态度都是无益于解决问题的。我们所要做的是构建正当的程序裁量权体系,积极发挥程序裁量权的作用,并进行合理的限制和有效的监督。 Procedural discretion is an important part of judicial jurisdiction and also the most active part. In China’s civil litigation reform, the establishment of what kind of judges authority model is not conclusive, and to treat the discretionary nature of power, yet to be studied. Procedural discretion is the manifestation of the individual concern for humanity. In a society ruled by law, such power does not disappear. Instead, it exists in large numbers because of the unbalanced social development. Especially for the long time that our country faces in judicial reform “Localization ” predicament, ignore or fear the judge’s discretion in the attitude of the judge are not conducive to solve the problem. All we have to do is to build a proper system of procedural discretion, give full play to the procedural discretion, and exercise reasonable restrictions and effective supervision.