Study Of Judge's Professional Ethics

The modern society is a kind of democratic, free, and au pair society, which is based on contract and ruled by law. The law is the most important means in the modern society, it protects human rights and solves dissensions. Judge is coordinator of conflict of interest, he is also the final reliever of social justice and human rights in this multiplex society. He make a judicial decision representing the law, and he is playing the vital role in maintaining the entire social stability and the healthy development of society, who is the solid cornerstone and the core factor in the modern society ruled by law. In this society the law's dignity and prestige depends on the judge. The judicial corruption which caused by abusing authority and so on debases the judge's authority, shakes people's belief to law and social justness seriously, so people begin to focus their attention on judge's professional ethics. After analyzing the reason of the judicature corruption and the phenomenon of unfair judicature, it's not difficult to discover that the institutional factor is one of important attributor; actually the factor of judge's professional ethics is very important factor. The judicial practice indicated that the corruption and bribery has been caused because the judge didn't internalize the law and the occupation as his faith, so he or she didn't follow the professional ethics strictly, and their judicature were more influenced by the non-legal factor. But a good system can only restrict judge's external world, actually it is unable to restrain judge's inner world. The judge's professional ethics is the basic power of realizing restrict themselves automatically, is the main center of obtaining the exuberant life, we should study the judge's professional ethics deeply to know it's value and function.In the field of studying judge's professional ethics, theorists usually employ sociology, ethics and legal science and so on. Some theorists study the judge's professional behavior and the occupational psychology, inquire into that the social and psychology factor of judge from sociology and social psychology. Some study and analyze the ethical and moral ties between judge and judge, judge and the litigant, judge and society from philosophy and ethics. Some study judge's professional ethics by the regulated thought and method from legal science. Because theorists use various means, there are many differences in the study of judge's professional ethics. Some look it as one kind of social phenomenon, it just likes professional moral, then stress to set up one kind of faith and the initiative innermost feelings to follow it voluntarily. Then the others look it as regulated and standard phenomenon, in order to construct one kind of standard system of judge's professional ethics, follow it voluntarily and compulsively. The author receives the legal science and studies the judge's professional ethics by the legal regulated thought and the means of legal positive analysis, semantic analysis, comparative analysis, logical reasoning and so on.Though we must employ sociology, ethics and so on to study the judge's professional ethics, it still belongs to the legal science's research category. Namely if we study the judge's professional ethics, we should put it under the background of the modern society ruled by law, and the frame of modern constitutional government, relating with judge's occupation to construct one kind of regulated ethics, which regulates the judge's professional behavior and adjusts the ties between judge and judge, judge and litigant, judge and court, as well as the relationship between judge and society.Firstly the author explained the judge's professional ethics by semantic analysis, comparative analysis, and clarified ethics and moral, professional ethics and professional moral with the help of sociology and ethics. The concept's confusion between ethics and moral makes people difficult to determine the nature of the judge's professional ethics, and it restricts the study and development of the judge's professional ethics. By semantic and comparative analysis, as well as after analyzing the nature and structure of the judge's professional ethics, we have separated the professional ethics and moral clearly, and clarified the research category and extended the research sight of the judge's professional ethics. Following the shape and development of judge's occupation, as well as the need of society, the judge's professional ethics came into being, which it is the inevitable product of the development of social ethics. It is one kind of special social ideology and the rule of behavior, and it is some kind of present and latent behavior standard, idea and synthesis of value choice in judicial activities and daily life, and it specially refers to the standard and ethics of the whole judge's community, which the judge must observe it when he fulfill his judicial function or own responsibilities in judicial process, and refers to one kind of responsibility and pleasure to the public, the court and other members, the litigant. It is the reflection of constitutional government idea, and its essence is the judicial fairness and public strength.What type of judge's professional ethics will be constructed and how to construct is a difficult and important problem in modern society ruled by law, and it is also this paper's key point. Through contrasting the connotation of judge's professional ethics of main countries under the rule of law, the author included the insufficiency in the construction process of judge's professional ethic. Namely the content is simple and ambiguous, the standard is insufficient, and the ingredient of moral is too many, the usability is too weak. After analyzing the judge's intercommunity and individual professional activities and social behavior, the author included the category, purpose and the object of judge's professional ethics. Then the author discussed its environment of realization and its characteristic. The judge's professional ethics should depend on the modern legal culture and the health culture of court and judge's community. We should put it into these two basic principles that they are independence of court and neutrality, fairness of judge, should put it into the frame of law, occupation, court and judge's community to study and research. The judge's professional ethics should pay attention to judge's human nature and the individuality, manifest humanist. And the judge's professional ethics should be one kind of openness, standard, faith professional ethics.Afterward the author analyzed how to set up the authority of judge and the professional ethics in this society ruled by law through proving the relationship between judge's professional ethics and the constitutional government, society ruled by law, which judge's professional ethics must center on the jurisdiction independence to launch. Embarking from constructing the modern society ruled by law, safeguarding and maintain the social equity, defending citizen's legal rights, the author included the content in which constitutional government frame, and put forward his own proposal how to deal with judge's daily behavior and clarify the relationship between judge and society.Finally , responded to China, the author reviewed the constructional course of Chinese judge's professional ethics, and included the achievement of judge's professional ethics construction, as well as summarized the difficult point of construction. Through quoting the data that the judge's image in public and the investigation of the hope to judge, the author reiterated the importance of judge's professional ethics in the transition period in China, it is the important factor of realizing development stability and harmoniously. And the author proposed his own viewpoint how to construct judge's professional ethics in China, and what type to need in Chinese society.