Аннотация:This article shows that Chinese adjudication is in a dilemma: on one hand, the judicial discretion is extensive; on the other hand, public opinion supervision is adopted to control the discretion.In fact, the public opinion and judicial discretion could co-exist and compliment one another.There is no objective and stable framework regulating both.There are attempts aiming to completely negate the judicial discretion, such as computer sentencing.A strange logic of judicial reform exists in China: either eliminating the judicial discretion through such mechanical methods as computer sentencing in the hope to guarantee judgment in conformity with the law; or resorting to the arbitrary
