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A Study On Judges' Professional Ethics

Posted on:2020-06-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:1366330620957581Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
“Practice is not enough for oneself”.Judges play a key role in preventing and curing judicial corruption and guaranteeing judicial justice.Judges' professional ethics is indispensable for standardizing their professional behavior,shaping their professional beliefs and cultivating their professional virtues.Under the current social background,judicial reform is in full swing.At the level of judicial technology and system,great progress and development have been made in the reform,which has changed the original backward situation.But in the software aspect of judicial reform,that is,the ethics and morality of judges,the reform is slow and ineffective.That affects the credibility of judges among people and the credibility of the judiciary.The development level of Chinese judges in morality and ethics has a direct impact on the level of judicial reform,and even on the success or failure of judicial reform.Therefore,in the context of the new era,the development and improvement of the professional ethics of judges has important theoretical and practical significance.The professional ethics of judges has become an unavoidable key issue in the process of judicial reform in China.From the perspective of ethics,this paper studies the professional ethics of judges,and summarizes the characteristics of the professional development of judges according to the law and mode of the professional development of judges.Professional ethics accompanies the emergence,development and gradual improvement of judges.This paper also studies and combs the development of the professional ethics of judges in history.It is not only a method to study the particularity and universality of the professional ethics of judges,but also a way and way to conduct in-depth study of the professional ethics of judges based on the consideration of the current situation of the professional ethics of judges in our country in the new era.The professional ethics of judges is not only the moral problem of individual judges,but also the ethical problem of professional groups of judges.It is a link of belief,conscience and value,and also a carrier of morality.The professional ethics of judges is a constant number of the reasonableness of judges' professional ways and attitudes.Ethics is an objective relationship.Ethics is the study of the relationship between human relations,while the theory of professional ethics of judges is the study of the relationship between judges themselves and the outside world.In fact,this relationship is the manifestation of potential human nature.In this sense,the professional ethics of judges is the manifestation of potential human nature of judges and the relationship between them.Based on the viewpoints of the two major schools of ethics,this paper serves as the theoretical source and analytical tool for analysing the professional ethics of judges.Since Aristotle,ethics has been regarded as a science.Ethics divides ethics into normative ethics and virtuous ethics(or virtuous ethics).Normative ethics involves social order.Its mission is not only to declare norms,but also to inquire into the legitimacy of norms themselves.Virtue ethics emphasizes the ethical evaluation of the actor and his character,and regards it as the most basic judgment basis of human moral character and temperament.Virtue ethics pays attention not to concrete actions,but to the whole of human beings.It focuses on the moral subject,whose character is the driving force of ethical behavior.Therefore,virtue ethics enriches people's moral description and moral life.This paper investigates and analyses the contents of professional ethics of judges through moral ethics,normative ethics and other dimensions.Through the analysis of different dimensions,different conclusions can be drawn,and the conclusions can be rethought,so as to guide the construction of professional ethics of judges,establish the consensus of professional ethics of judges in China,and promote the smooth judicial reform.Conduct.The introduction part mainly includes the origin of the topic,the background of the study,the purpose of the study,the literature review,the research methods and so on.This part explains the main writing ideas,the purpose of the writing,the writing ideas and the general content of this article from the overall macro perspective.In Chapter one,This is to sort out and study the history of professional ethics of judges.History is divided into three stages,from ancient Greece to the Middle Ages to modern times,to analyze and study the professional ethics of judges in theory.The theoretical context has changed from the virtue ethics of judges to the normative ethics of judges.From Aristotle,the theory of judge's professional ethics has undergone the following developments: the essence of goodness,the classification of virtue,the theory of happiness and happiness,freedom of will,moral value,ethical relations,etc.On this basis,many schools have been formed,such as moralism,empiricism,emotionalism,utilitarianism,rationalism,volitionalism,individualism,socialism and so on.By combing the history of the judge's career theory,we can better lay the theoretical foundation and support for the follow-up study of the paper.In Chapter two,This is about the ethical considerations of the profession of judges.Virtue ethics is an important school and theoretical support in ethics.Its theoretical focus is on what human beings are.This chapter analyses the ethical status,ethical demands and ethical characteristics of the professional ethics of judges through the dimension of virtue ethics.Finally,the author rethinks the ethics of virtue of the judge profession and explores its theoretical defects and dilemmas.In Chapter three,the normative ethical considerations of judges' profession.Normative ethics is the most widely used theory in ethics theory and practice.Its theory focuses on what human behavior is.The representative theory of normative ethics is Kant's deontological normative ethics theory,whose theoretical characteristics are expressed in two words as "should".This chapter analyses the ethical status,ethical demands and ethical characteristics of the professional ethics of judges through the dimension of normative ethics.Finally,the author rethinks the normative ethics of the judge profession and explores its theoretical defects and dilemmas.In Chapter four,Ethical considerations of the role of judges.Considering the particularity of the judge's profession,this chapter considers the role ethics of the judge's profession from the angle of sociology and ethics with the role playing and social orientation.Judges are a multi-unified set of roles.This chapter examines the ethical status,ethical demands and ethical characteristics of the roles of judges in different roles from the three roles of civil servants,party members and judges themselves.Finally,the role ethics of the judge profession is reflected,and there will inevitably be conflicts and discomforts between different roles.The fifth chapter is about the Chinese path of judges' professional ethics.The first part explores the theoretical advantages and disadvantages of the professional ethics of judges through three dimensions,in order to guide the theoretical construction of the professional ethics of judges.The first section of this chapter first analyses the current situation of professional ethics of judges in China,then discusses the impact of judicial reform on professional ethics of judges in China,and finds out the existing problems of professional ethics of judges in China,and finally explores the causes of the existing problems of professional ethics of judges in China.The second section of this chapter is the key content of this article.It is intended to express what the theoretical connotation of the professional ethics of judges in China is.The professional ethics of judges in China is the unity of objective materiality and subjective spirituality,and the unity of moral ethics and normative ethics.The sixth chapter,The construction of professional ethics of judges in China.From the above theoretical analysis,to guide the construction and improvement of professional ethics practice of judges in China.This chapter starts with the subjective spirituality of the judge's professional ethics and stimulates its internal motive force morally.Secondly,it strengthens its external force from the objective materiality of the judge's professional ethics.Finally,it completes the transformation from “freedom”to “self-action” and from “self-discipline” to “self-discipline”.
Keywords/Search Tags:Judge profession, Judicial reform, Ethics, Virtue, Specification
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