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Contemporary Chinese Judges Ethics Research

Posted on:2008-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
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Justice is an important component of modern civilized society . Strictly speaking , the judicial proceedings is a judge , applying the law regulating the activities of specific litigation . Justice is the soul of justice and the end result . Justice means judges follow the proper legal procedures , legal application of the relevant legal means , just settlement of litigation involving the various controversial issues ,and establish justice in the face of public image . The pursuit of justice is no process , no actual social significance ; Detrimental to the fair administration of justice , criminal acts against no less than their own . So Francis·Bacon said that " an unjust judgment , its consequences even more than 10 crimes . Offended because criminal law at any time--like polluted water . Legal and unfair trials were destroyed—like a polluted source ." Obviously , law enforcement is not only the need for strict compliance with the legal norms , also thoroughly law (mainly judges) , the moral quality . And the latter is concerned with more fundamental significance of just law enforcement .Judge , as a professional , a great deal of concern by the people . Not only charged with a sacred duty and been reported with great expectations . Social justice to the expectations pinned on the judge , the judge has to some extent become the embodiment of law and justice . Both the slave society,capitalist or socialist society , without exception . For a qualified judge , the judge is a man of good moral qualities fundamental , achieving justice is a necessary condition . For the realization of justice , and ethically bound to protect the legal system is interdependent . Closely linked , they are an essential element of the practice of law enforcement . If the law is inherently imperfect justice on the lack of stringent criteria . Imperfections in the legal system , should be regulated in the judicial aspect , it is very likely , the phenomenon of injustice . However , only a sound legal system is not enough ." Virtue alone is not sufficient for the government , the law does not enforce itself ." "Bottom of the system and use it , Bottom-bound and pushing people ." Achieved a good legal system , the key lies in enforcement people , Special enforcement is the moral qualities . In other words , the judge could resolve the contentious process of impartial justice , and justice continue to achieve justice . Largely depends on the personal and professional qualities and moral quality of judges , depends on whether the law is correctly applied . Therefore , the quality of judges in particular the quality of the moral , justice has become an extremely important factor.Currently , China is implementing the reform of the judicial system at the core of justice in the system construction , were concerned about the professional ethics of judges , Supreme People's Court President Xiao Yang has proposed , Judges in the court system should focus on moral education event, which is the crucial issue of justice . A firm political , professional competence , a fine style of work , build a clean and honest,noble morality judges according to law , important condition for building a socialist country ruled by law , the fundamental protection of the court is to do a good job . In recent years , China's court system to raise the quality of judges . Adopted a series of measures to enhance the professional ethics of judges , who will judge the job requirements of the law at least institutionalized ; He also launched a "people become satisfied with the judges ." "building an image of the impartial administration of justice " A series of education in the professional ethics of judges ; Use of intensive education and revamp law-enforcement inspections and other means to resolve outstanding issues with regard to professional ethics of judges . Indeed the implementation of these measures have achieved some results.However , due to historical reasons , the judge has been considered to be ordinary state workers , state cadres , The special judges to exercise judicial authority has not been given due attention . Judge seems to have become public jobs , regardless of whether they have legal knowledge , could become a judge . Judges for the slow development has lagged behind the judge and professional ethics.Through the development of the contemporary analysis of the professional ethics of judges . In the current situation for a number of the professional ethics of judges , with a view to improve the professional quality of our judges . Personal qualities and establish an independent personal charisma with Chinese characteristics so as to establish the system benefit the professional ethics of judges.This paper is structured as follows : In addition to introduction , this paper is divided into four chapters:The first chapter outlines ethical theory . Of professional ethics , a brief overview of the theory . Judge clear moral distinction between professional ethics and the general community.Second chapters , judge professional ethics characteristics and content . Professional ethics characteristic and content have carried out induction and formulation on the judge . Self's characteristic having explained judge professional ethics further , distance of deeper single-step place of having explained judge professional ethics uniqueness relative to general society morality.Third chapters , the professional ethics of contemporary Chinese judges analysis . Through the pros and cons of the development of China's current status of the professional ethics of judges analysis . From the level of active judges affirmed the achievements made in the building of professional ethics ; From the other negative aspects of contemporary China presents the process of the professional ethics of judges . An analysis of the causes of these problems.Fourth chapters,strengthen the building of our professional ethics of judges,the main countermeasures. Through four aspects to strengthen the building of our professional ethics of judges put forward a proposal. First,the change in the administration of justice , regardless of the situation. Trial judges to achieve independence; Second, improve the system of job security for judges and establish professional judges of the high sense of responsibility and sense of honor. So as to better serve the people. Third, vocational training for judges and improve the professional quality of judges,to ensure the fairness of the trial;Fourth , professional ethics education,raising the personal qualities of a judge,the judge set the public's trust,confidence in the law.Finally , the last word on the prospects for the professional ethics of judges prospects .
Keywords/Search Tags:professional ethics, Judge professional ethics, Judicial independence, Education in the professional ethics of judges
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