On The Humanistic Characters Of Judges

Humanism aims at the protection of human being, with great consideration of freedom, dignity, ideal, thief, living methods and the meaning of life, which accentuates the development of human being and opposes to regarding human being as tools and things. The science of law is the science of human being, focusing on the demand, right, benefit and dignity of human being. The value of law is realized by the method of respecting human being. The rule of law is not only the most credible and stable way to bring human being to the society of order and happiness, but the important motivity to make the comprehensive development of human being. The humanistic functions of justice are to promote the judicial cognition, push the judicial identification, and consolidate the judicial value. Judicial humanism demands that the judges become the elite of legal affairs and social humanism. However, affected by history and exiting conditions in China, Chinese Judges' characters of humanism are rather invisible. Meanwhile, judges play an important role in law-understanding, law-interpreting, law-applying and so on. The Humanistic Characters of Judges include such 6 chapters as following:(1) Independence Character. Judicial independence is the independence of judges in fact. At the same time, the essence of independence of judges is spiritual independence.(2) Impartiality Character. Judges are the determiner of disputes; impartiality is the soul of judges. (3) Benignity Character. Judges are not insulated from life. Only with great knowledge of times and lives, can judges apply laws more comprehensively. (4) Self-discipline Character. Conscience is the foundation of judges' humanity, and the impetus to judicial impartiality. (5) Authority Character. Judges are the symbol of authority. Without public credit, judicial authority cannot exist. (6) Rationalization Character. Judges are the important appliers, who must understand laws logically. (6) Promotions of the Humanistic Characters of Judges. The establishment and perfection of the humanistic characters of judges is a long-termed process, with the same step of judicial civilization and modernization. We cannot imagine the judicial humanism departing from the background of social culture. Only when penetrating through all areas of judicature, can humanism becomes a regular spirit to secure the judicial impartiality.