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On The Professional Ethics Of Judges

Posted on:2002-09-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:S Q HeFull Text:PDF
GTID:1116360065950381Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Under rule of law, administration of justice is not only public power, but also specialized public cause. Judges are both public officer and legal professionals. As legal professionals, Judges' professional prestige bases on their special authority on law and their moral quality of public service. This article focus on the professional spirit and professional moral quality of judges as a legal profession, study and analyze then- formation, development and maintenance of professional spirit and moral quality of Western judges, and the construction of professional ethics of Chinese judges Through the analysis of the formation, development and maintenance of professional ethics of Western judges, this article demonstrates the following views of point:The pursuit of rule of law by Western society pushs the judges to a special position, request them to administrate justice independently and impartially as an independent power. Under rule of law, the measures taken for the sake of securing the independence of judges entrust them many privileges, meanwhile impose them special duty and accountability. These privileges, special duty and accountability breed the strong sense of professional glory and consciousness of professional moral responsibility. These are the motive power for the professional group to intensify the self-regulation of professional moral and enhance their moral standards consecutively. From above analysis I draw the conclusion that when judicial independence as an essential factor of rule of law must be maintained, any measures taken for the purpose of solving the conflicts of judicial independence and judicial integrity should encourage the judges themselves initiativly take proper actions to improve their professional prestige.Introduction. Brief the theoretical frame and main thread of analysis and study of this article.Chapter I. The professionalization of judges. The professional ethics of judges essentially differs from that of common vocations, for judges play special role in the society of rule of law. In history, following the specialization of administration of justice, rationalization of law, and with the law playing more and more important rolein coordinating the diverse interests and values, judges formed a professional group. Pluralistic society require the law have universality and certainty, administration of justice have certainty and consistence, under this condition, only law experts who were specially trained are competent to be judges. Therefore, professional judges take place of the non-professional judges, they formed into a profession, administration of justice also became public cause. From then on, judges gradually got rid of the control of king, became more and more independent, and formed their own professional ethics.Chapter II. The tradition of Western judges professional ethics. In the early time, Western society realized the unique function of administration of justice to secure the social justice, the special role of judges and the special moral qualities required thereby. In ancient Jew's scriptures, there were many moral instruction related to judges which require them to administrate justice impartially and without any fear. Plato hold that virtue mean knowledge, no knowledge, no virtue. Aristotle hold that rule of law was the best way to secure justice, but law may be good or bad, . Therefore they both advocated that judges should not only behave fairly, but also know how to behave fairly. In Rome, Romans regarded law as a branch of knowledge about justice and injustice. By their learning and morals, Roman jurists won universal respects of Roman peoples. Christian absorbed and merged the western traditional legal culture, got rid of the mysticism of administration of justice, advocated the people to resort to the ration and conscience of judges for justice. On one hand, Christian undertook more rational litigation; on another hand, they imposed the judges strict morals standards. These led the peoples pay more attention to the justice of legal litigatio...
Keywords/Search Tags:judge, professionalization of judge, judge professional ethic
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