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Discussion Of Professional Ethics For Judges

Posted on:2006-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:F GaoFull Text:PDF
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The final goal of the judicial reform is to realize the justice. This not merely needs outstanding and sound judicature mechanism, there should be a high-quality and high-efficiency judicial colony at the same time. The society sends and resides in a judge to the just hope to a great extent. In a certain meaning, judges have already become the incarnations of law and justice. The law is not enough by itself in vain. The realization governed by law is due to a human factor. But a good system can only restrain the judge's external behavior and can not standardize the judge's inner world. Only the external institutional improvement is in pace with inside judge's professional ethics construction could really realize the goal governed by law. Therefore, it is the foundation which maintains the justice to train the judge's professional ethics.The view of this text is: The whole quality of judge's team is not very high at the present stage. Under the situation that the judicial environment is unsatisfactory yet, strengthening judge's professional ethics to build has very great necessities The author thinks that the judge's professional ethics can not leave the following four factors: The judge should have firm legal faith, should have independent personality, should have consciousness of just administration of justice, should have very strong job sense of honor and sense of duty. But the professional ethics of judge of our country has not got the due attention for a long time, therefore the current situation allows of no optimist Forming such a situation, there are four respects reasons: First of all. management system and judge appoint and remove system determine judge unable to obey law only to judge administration for a long time; Secondly, judge's job is still unripe and the ethical basis of the job is weak; Thirdly, the professional ethical standard is on the low side and other tied mechanism play protagonist; Fourthly, judge's professional colony's source differs and the personal accomplishment of some judges is scarce. To train good judge's professional ethics, we should improve from five following respects: improve judge's morals thought and knowledge, establish judge's ethical faith, mould judge's morals emotion, temper judge's ethical will, form judge's ethical habit.It is increasingly important in construction to strengthen judge's professional ethics. To accelerate the construction of professional ethics fundamentally, we must carry on in-depth analysis to the factor influencing judge's professional ethics. As a kind of ideology, the development of judge's professional ethics must be restricted by the state of development of society. Positions in the power structure of judicial system are different, so requisitions for judge's professional ethics are different to someextent too. In addition, this text still thinks the citizen's legal quality, the judge's whole quality, court's system construction, lawsuit mode Judge guarantee system and forming way of judge's job, etc. such respects have far-reaching influence on shape of judge's professional ethics.Strengthening judge's professional ethics construction should absorb, use the domestic and international outstanding legal culture, judicial experience for a long time for reference and set up a really independent judicature mechanism. Let the morals become the law to judge's tied mechanism; we can not violate the essence of the law in this way. While structuring judge's professional ethics system, we should not only pay attention to the difference between morals and law and prevent the morals from forcing but also prevent illusion from only relying on simple moral education to guarantee to form the good professional ethics. Particularly, the author proposes some suggestions in structuring judge's professional ethics system: Firstly, regard the judge's own training as the inherent motive force transformed into the tied mechanism of the professional ethics; Secondly, regard the education and supervision of the professional ethics as the external terms transformed into the tied mechanism of the professional ethics; Thirdly, ensure the system of judge's professional ethics to perfect condition. From above-mentioned analysis, I hope it is good to advance the process of ruling by law of our country.
Keywords/Search Tags:Judge's Professional Ethics, Current Situation, Influence Factor, Construction
PDF Full Text Request
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