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Professional Ethics Of Judges

Posted on:2011-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhangFull Text:PDF
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In the rule of law society, the function of justice is the key to the rule of law, while the of justice in the rule of law requires the judiciary to have the impartiality and authority. In accordance with the requirements of the rule of law, implementation of the law is the law of life, but also an important way to protect the rights of citizens. Impartial rule of law, but to regulate people's behavior, the distribution of social benefits provided an orderly pattern. To make the rule of law that people truly universal adherence to, the real access to the supreme authority, depends largely on the administration of justice. Most of the public awareness of the rule of law came from the actual operation of the judiciary to get an intuitive feel, which requires administration of justice must be fair, only the administration of justice to give the public honest, fair, rich impression of the ability to gain public recognition and the administration of justice respect, and thus to get the authority of the judiciary. Behalf of the state judges to exercise judicial power, responsible for the neutral to resolve disputes and maintain social justice and social responsibility. Practice shows that the judge based on facts and law and personal conscience of the case a fair hearing and decision. This is not a mechanical application of the law-making process, on the contrary, is a dynamic process, is a national law and the integrated use of personal ethics process. The quality of professional ethics of judges to a large extent determine the fairness of the award. Thus, if justice is to safeguard the last bulwark of social justice, then the judge's professional ethics is the last barrier to work guarantee. Judge, as the spokesman for the judiciary, in addition to be a very specialized legal skills and extensive trial experience, we should also have a higher quality of professional ethics. Behavior inside and outside the judicial duties of judges and their professional ethics should be as much as possible consistent with the guidelines to safeguard the impartiality of a judge's image, so that the public trust in the judiciary, the law of faith, ultimately promote the progress of the rule of law. This invoked a wide range of analytical methods, from the perspective of ethics law, the judge demonstrated the connotation and extension of professional ethics and tried to judge the West through a comparative study of the content of professional ethics and the existing norms, with our professional ethical standards of judges and the status quo to find solutions to China's lack of professional ethics of judges to the problem.The first part is the Basic theory of judges professional ethics. Occupational characteristics of judges and judges assumed the special functions of the decision of the judges of the special nature of professional ethics. Professional ethics of judges in the legal and moral overlapping developed. Embodies the essence of law as the national superstructure. Has a relatively strong understanding, debugging, motivation and functional recovery responsibilities. Rule of law and society, highlights the role of the judiciary, judges have a certain degree of development of the occupational hierarchy, but also gradually formed a unique group of judges professional qualities of judges, culminating in the integrity, impartiality, independence, competence, efficiency, integrity and other professional ethics.The second part is the judge outside the norms of professional ethics research. The United States, United Kingdom, Australia, France, the Netherlands, there is legislation on professional ethics of judges to classify discussed by comparing national professional code of ethics of judges provision to analyze their commonalities and differences. Whether it is civil law countries, or the common law countries, judges have a professional code of ethics with the provisions of the difference is that most common law countries have a written code of conduct for judges of the judiciary, while the civil law countries, as the study a late start, the judge professional ethics have not formed a complete system.The third part is the contemporary status of professional ethics of judges in China. In recent years, countries have begun to attach importance to the development of professional ethics of judges, and promulgated and implemented the "People's Republic of professional ethics of judges," the professional ethics of judges increased to the legal status. However, due to traditional factors of history and the existing judicial system and other factors, China's low level of professionalism of judges, the judges did not mature professional ethics, the judge the overall quality is not high, judicial corruption and judicial injustice exists, led to a lack of credibility and authority of the judiciary.The fourth part of the professional ethics of judges is to build China's proposal. My professional ethics of judges based on a lack of cause analysis, combined with professional code of ethics for foreign judges the content of inspection, learn from foreign experience, professional ethics for the development of Chinese judges to make a few comments. The judge should first have a firm belief in the law and conscience, which is within the professional ethics of judges of the premise. To safeguard the impartiality of the judge the image both inside and outside the office of judge of some of the problems in the conduct of constraints is also very necessary. Finally, only the supporting system improvement and code of conduct of judges in order to efficiently conduct of judges bound, to promote the development of professional ethics of judges in China.
Keywords/Search Tags:Judges Professional Ethics, Judges Professional Ethics, judicial justice, Judicial authority, Judge Image
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