Research On The Construction Of Judges’ Professional Ethics Under The Background Of Comprehensive Rule Of Law

The professional ethics of judges is the code of conduct that judges should abide by when exercising judicial power.It is used to regulate the relationship between judges and the relationship between judges and all aspects of society,and it is a standard for evaluating judges’ professional behavior of good and evil,honor and disgrace.As a special social ideology and code of conduct,the professional ethics of judges forms and develops along with development of judges’ professions and social needs,which includes judges’ moral code,moral sentiment and moral character in judges’ career.It is not only the requirement for judges’ behavior in judges’ professional activities,but also the moral responsibility and obligation of judges’ profession to the society,which has special binding power on judges.In the process of comprehensively advancing the rule of law,whether judges have good professional ethics is crucial to ensuring judicial justice and maintaining judicial authority.In the context of comprehensively ruling the country by law,the professional ethics of judges has new tasks and new missions,and requires a special promotion plan.Judges are the backbone of the Party and the country’s cause of rule of law.Strengthening the construction of judges’ professional ethics is,in essence,directly related to the quality of the Party and the country’s judicial talent team and the people’s confidence in the leadership of the Party and the government.However,at present,the construction of judges’ professional ethics in China is not ideal,and the supporting mechanism for the construction of judges’ professional ethics is not perfect.There is still a lot of room for improvement between the construction of judges’ professional ethics and the public’s expectations.Regarding the construction of the professional ethics of judges,it is necessary to carry out specific observation and analysis based on the actual situation in China.Clearly defining the concept of judges’ professional ethics and revealing its characteristics and standards is the logical starting point for research.The professional ethics of judges is different from ordinary ethics.It is not a flexible guide about right and wrong,but should be a rigid criterion.It is a professional ethics restricted by legal regulations and legal technology.It is a guideline or technical specification for use in various ethical conflicts.In the context of comprehensive rule of law,to promote the construction of judges’ professional ethics,we must not only attach great importance to the construction of the socialist judicial system with Chinese characteristics,but also give full play to the promoting and normative role of judges,and also attach great importance to construction of the socialist judge’s professional ethics system,and give full play to the supporting role of judges in legal professional ethics in nourishing the national spirit of the rule of law and promoting the culture of the rule of law,so that law and morality complement each other,and the rule of law and the rule of morality complement each other.Grasping the basic situation of the construction of judges’ professional ethics and revealing the phenomenon of judges’ professional ethics anomie and its causes can help us find the focus for promoting the construction of judges’ professional ethics.The professional ethics of judges has positive moral precepts,and it is the existence of moral precepts that makes judicial ethics and moral standards strongly compatible.However,in judicial practice,some judges abandon their professional conscience and violate professional ethics frequently,and the binding force of judges’ professional ethics on judges is seriously weakened.In judicial practice,there are serious problems of professional ethics anomie of judges.In addition to the lack of judges’ sense of justice and the imbalance of interests,there are also problems such as imperfect professional guarantee systems for judges.The principle of the construction of judges’ professional ethics is a systematic and high-level guide of action,and it is the guiding ideology,value appeal and future direction of the construction of judges’ professional ethics.The principle of construction of judge’s professional ethics is to apply the basic principles of ethics to the construction and practice of judges’ professional ethics,and it is the core concept and code of conduct for the moral examination of all areas of judges’ professional life.As the high-level normative principle,its existence form,type division,action mechanism and other issues need to be re-examined in the context of comprehensively ruling the country by law,and a higher degree of generalization from the jurisprudence level should be made,and an operable solution should be extracted.The basic principles for the construction of judges’ professional ethics include political principles and legal principles.Among them,the political principles have distinct Chinese characteristics.They include strengthening the Party’s leadership,putting the people at the center,practicing core values,basing on China’s reality,and deepening the reform of the judicial system.They are the core concepts of building a socialist rule of law system with Chinese characteristics.The principle of jurisprudence is a legal principle that is widely recognized and derived from the nature of social relations.Legal principles,such as the usual code of conduct,are related to ethical norms.They include principles such as adhering to the supremacy of the constitution and law,realizing fairness and justice,respecting judicial laws,making good use of judicial power,and respecting and protecting human rights.They are not mainly the analysis and understanding of the laws of a country,but the revelation of the common legal civilization of all mankind that transcends the scope of national sovereignty and jurisdiction.It is the "common property of mankind" and exists in the endless long river of history.At present,there are still a large gap between China ’s judges and those in Western countries which are under the rule of law,in terms of professional integrity,self-discipline,and ability training.China’s investment in the construction of judges’ professional ethics is also insufficient,resulting in frequent occurrence of judges’ professional corruption.It is of profound practical significance to construct a set of programs to improve judicial ethics and judge morality.Judicial power is essentially a kind of judicial power,which requires the judge to make a ruling on the dispute between the plaintiff and the defendant or the prosecution and defense.The judge must be impartial and fair.The professional ethics of judges has a strong role in social demonstration.The professional ethics of judges is a specific moral description of the judges’ personal and judicial professional environment.Good professional ethics can enable judges to distinguish right and wrong,true and false and make correct judgments through certain procedures based on specific facts,evidence and established legal rules.Judges are the carriers of the country’s judicial power,and their powers enable them to master the power of influencing the society.But only by combining this power with the noble professional spirit of striving for judicial justice can judges have affinity among the people and gain respectable status and full material security in society,and gain enviable professional prestige.The establishment of a reasonable and effective professional protection mechanism for judges is the institutional basis for ensuring that judges are able to take the initiative to assume their own responsibilities.On the one hand,we should pay more attention to the professional security of judges,improve the professional security system for judges,provide a good judicial environment for judges,and better guarantee the channels for equal communication and dialogue between judges and prosecutors,supervisors and lawyers.On the other hand,deepening the reform of judicial moral responsibility is an important measure to build a fair and just socialist system.It is necessary to seize the "bull nose" of judicial moral responsibility,conduct in-depth research on the comprehensive reform plan for the judicial moral responsibility system,and speed up the operation of the mechanism for building judges’ moral responsibility.The judge’s ability to judge is the core meaning of the construction of the professional ethics of the judge.It is generally believed that the ability dimension of constructing judges’ professional ethics is an important way to cultivate judges’ moral concepts and improve the level of judges’ professional ethics.This path is a complex system composed of many levels and elements.The moral construction of judges focuses on the combination of theory and practice,and the organic unity of moral cognition and moral behavior.The ability to build professional ethics is not obtained through pure learning,but through the accumulation of practical rationality which is a kind of skilled use of legal knowledge,judicial experience,ability to judge and skills to resolve disputes accurately and effectively through wise and decisive judgments and choices.For example,the skills and methods of judging mastered by judges are not only the performance of their own ability to judge,but also the guarantee to ensure the quality of trials.The construction of the professional ethics of judges in contemporary China should undertake the historical mission of exploring the spirit of the times,promoting the process of Chinese legal modernization,and seeking the normative laws and research methods of the ethical order of judges’ professional ethics.Therefore,in order to improve the professional ethics of judges,the thinking of rule of law should be rooted,the morality of judges be cultivated,and the professional education of judges be promoted.