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Research On The Value Of The Professional Ethics Of Judges In China

Posted on:2019-10-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:B J ShenFull Text:PDF
GTID:1366330548462759Subject:Ideological and political education
Abstract/Summary:PDF Full Text Request
In the new era,people' s yearning for a better life has become the main demand.The major social contradictions will not be solved unless th e state meet the needs of the people.On the basic lev el,the needs of the people include the m aterial,the spiritual and the cultural needs.Nowadays,people's needs in de mocracy,the rule of law,fairness,justice,safety,environment is growing,which is a kind of multidimensional and deep needs.As to the moral level,every citizen living in the community should not only have a m oral conscience,but also for m a m oral self-discipline.The ultim ate goal is the nobleness and civilization of the Chinese nation's moral level.From the perspective of the rule of law,the establishment of a society,a government and a country under th e rule of law is th e right protection f or people's well-being.Satisfying the m aterial and spiritual life of people can only m eet the needs o f human life and spir itual needs,while a f air and just s ociety is th e foundation of satisfying human liberation and resource sharing.Social justice requires the protection of law,while judic ial justice is the last line of the defense of social justice.Only judicial justice can lead to social jus tice.After the 19 th National Congress of the Comm unist Party of China,as statecraft in the rule of law has bee n fully implemented,China has entered in the new era which pays more attention to the construction of a socialist country under th e rule of law.It puts forward higher requirements for the judiciary.And the goal of the reform of the judicial system is also aimed at judicial justice.The objective justice o f judicature is refl ected in the behavior of the judicial subject,at the same time,the judicial conduct is constituted by the will,the motive and the behavior of the judge.Therefore,judge s' judicial motivation and subjective will become the "subjective conditions" to ensure judicial justice.Of course,judicial conduct should be based on com plete judicial procedure,judicial system,judicial norms and so on.However,these systems,procedures and norms are only "objective conditions" and "objective basis" for the realization of objectivity and fairness in judicial conduct.On the contrast,the subjective and judicial motivation and will of the judge are the "subjective condi tion" and "subjective guarantee" of justice.Therefore,the discussing on how to guarantee the objectivity and fairness constitutes a crucial and decisive link in the rule of law.Among them,the "subjective condition" of the judge,as the subject of judicature,is a key f actor.Particularly,among the subjective will influencing the judicial fairness,morality is the most important one.Judges who do not abide by professional ethics may abuse their power.They may trade power for money or for affection,which would lead to corruption,and thus af fect the justice of the law.In this paper,"the value of the professiona l ethics of judges" is the m ain research topic.By means of analyzing the professional ethics of judges in theory,it aim s to establish the value of the professional ethi cs of judges,achieve judicial justice and realize the value of law,and finally promote the progress of the rule of law as well as meet the demand of people's yearning for better life.Chapter 1,introduction.It m ainly includes the research background and significance,the rev iew of research status at h ome and ab road,research ideas and methods,innovation points and shortcomings.Chapter 2,philosophical inte rpretation of the professi onal ethics of judges and positioning of the valu e category described in this paper is the stud y around the relations of the object satisfies the subject in philosophy.It interprets the general principles of the value of the the judge' s professional ethics,and the truth value and utility value of the the judge' s professional ethics.It al so analyzes the ideological basis of the professional ethics of judges.All of that provide theoretical support for the follow-up research of the thesis.Chapter 3,dem onstration on the value elements of th e professional ethics of judges.The value elements of the professi onal ethics of judges include subject and object.This paper takes the professional ethics of judges as the ob ject of value.And whether the object can meet the needs of th e subject lies in the f airness of the judge,which is the moral subject.If judges can be impartial,then the legal value can be realized,the needs of the moral subjects(the country,the society and the individual)can be satisfied,the value of the judge' s professional ethics can be practiced.This paper also discusses the basis of the professional ethics and the role identity of moral subjects.This chapter is the focus of this article.Chapter 4,demonstration on the constraint factors and problems of the realization of the judge' s professional ethics.This ch apter discusses the relationship between morality and law.They can be related to one another because they are of homogeneity.Meanwhile,some games m ay appearing which will dis similate the homogeneity of them.Because of the inf luence of value and the temptation of interests and so on,in the course of judicial process,it would be possible for the judge to lose morality in the game between morality and interests,to lose his fairness in the game between morality and power,or to lose integrity in the game between morality and rationality.Chapter 5,the path design of realizing th e value of the professional ethics of judges.Firstly,the object construction is carried out,and the professional ethics system of judges is constructed by the reasonable principle and the right method.Secondly,the judges who are moral subject should take moral education and legal education.Finally,it is necessary to guarantee the realization of its value in th e system construction and meet the demands of the society and the people for justice.Chapter 6,interpr etation of the value of the times to rea lize the value of the judge's professional ethics,which m eans realizing the value of the judge' s professional ethics is of significance to the rule of law in China,the construction of the socialist core values and the realization of social fairness and justice.
Keywords/Search Tags:the judge, the professional ethics, value, judicial justice, the subject and the object
PDF Full Text Request
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