Jurisprudent Thinking Of Construction Of Judges' Culture In Current China

The judges' acts of judgement in identifying facts and applying laws have subjectivity due to uncertainty of facts and imperfection of laws in judicial practice. The subjectivity and objectivity of judges' acts of judgement joinly constitute the symbols of those acts. It is naturally the problem to be solved in judicial practice that the negative influence brought about the subjectivity of judges' acts of judgement should be reasonably controlled and checked to realise judicial justice. For the reason that the culture of judges has the functions of communication coherence restriction guidance and exclusion, the subjectivity of judges' acts of judgement may be reasonably controlled and checked by the construction of appropriate culture of judges. The culture of judges is the unity and interaction of institutional validity and validity of values. In current China, the culture of judges is the unity constituted by the spiritual culture of judges, the institutional culture of judges and the ceremonial culture of judges. The spiritual culture of judges includes such elements as judges' modern judicial ideas knowledge structure occupational ethnics and emotional quotient, exc. The institutional culture of judges is made up of such elements as the institutions of election and appointment of judges ranks of judges tenures ofjudges guarantee of judges liabilities of judges education and training of judges, etc. The ceremonial culture of judges is a unity constituted by elements of the instrumental culture of judges the style of judgements, exc. The culture of judges is in the essence a cultuie of practice. Since currently China lacks of the culture of judges, the construction of appropriate culture of judges is the urgent task for judicial reform. The construction of the culture of judges in current China has both the general characteristics and laws of construction of the culture of judges and the characteristics and laws of modern Chinese features. In judicial reforms, a perfect culture of judgesshould be gradually developed with plans steps and concrete and efficient methods, so that the subjectivity of judges' acts of judgement can be reasonably controlled and checked and judicial justice can be realised.