On The Culture Of Court

Dworkin had mentioned in his book of Law's Empire that"courts are capital of the Empire of law, while judges are its princes and we are the subjects who are loyal followers and believers of legal rules". Courts as judicial organs with special duties are guardians of social justice and the last line of defense of disputes resolution. Both the whole quality and image of legal professional group, and the declare function the judgments have to the citizens, promote the improving of legal consciousness and the forming of legal quality of the citizen. The culture of court reflects intensively guiding ideology and working habits of members of the court, in a certain sense, construction of court culture has a fundamental, basic and long-term promoting rule in work of the court, the legal environment and the construction of the whole society.With the theoretic status and reflection of Chinese and foreign court culture as basis and by comparing"civilization"with"culture","advancement"with"backward"and"culture of court"with"culture of law", the author brings forward the concept of"culture of court"also the a basis of this paper, that is"common values and behavior pattern with political, humanistic and professional characteristic formed in the long-term judicial practice of members of the court, mainly the judges". After that the author analyzes the connotation of culture of court, and points out that culture of court is a highly generalization of coessential sprits including values, mode of thinking, judicial philosophy, code of ethics etc. of all members of the court, mainly the judges, reflected mainly by the behavior of members of the court, mainly the judges.The aim to research into the culture of court is not only to make it clear the concept, connotation and manifestation of it but to research the radiation effect of it, in other words, to research the significance of court culture construction and perfect to social construction and development. Choosing the inflection that culture of court has to legal construction as a perspective, and by comparing Chinese court culture and the present level of our legal construction, the author deduces out that good court culture instructs the behavior pattern of judicial personnel in a positive way, which consequently influences the level of our judicial organs and at last influences the construction of our legal society. The transmission mechanism mentioned above makes it for further sure the importance that culture of court has to our country's legal construction.After investigating court culture in the environment of legal construction, the author has got a more comprehensive perspective to research into court culture, and targetes to think about the construction of court culture in the certain environment of nowadays China. The author makes his preliminary research into the construction of culture of court from the construction of hardware like judicial building, the courtroom and uniforms of judicial personnel, to the judges'professional ethics like supremacy of law, obeying of rules, remaining neutral and reasonable innovation, and then to instruction of judges'behavior pattern.Culture of court as an objective existence has been influencing the behavior pattern of members of court and legal construction in China continually. The forming of a Chinese court culture with"justices, honest and for the people"as its core, and the enlarging of its influence to the whole legal environment and to the people's behavior in daily life will has an immeasurable effect on Chinese society. At present, we are at a start stage of instruction of court culture, with little research fruits, in later researches, we should put the increasing of identification of court culture by judicial personnel and the whole society and the enlarging of influence of court culture at the first place, and make the later researches into a deeper way. With the basis mentioned above, the author also makes his wishes to later court culture researches in the last part of this paper.