Research Of The Judges Professional Ethics Construction Under The New Situation

Whether any kinds of ideology society or various periods of human society, the judge is the voice of the public’s expectation of justice at the time, and the symbol of fairness and justice of law. Socialist marketing economy is also the embodiment of socialist legal economy. The report of18th National People’s Congress pointed out "comprehensively promoting the rule of law". In the process of rule by law, the judge’s professional ethics is the internal factors when they enforce legislation and maintain social equality, also the basis of maintain judicial fairness. Facing rapid development of market economy, strengthen rule by law becomes inevitable. December of2010, the supreme people’s court emended and decreed the "PRC basic standard of the judge professional ethics" and "PRC code of conduct of the judge". Under the new situation, what problems exist in the professional ethics construction of judge? How do we solve these problems? Based on these problem, this article tries to explore in depth on this aspect through investigating Shanxi Supreme People’s Court, Jincheng intermediate People’s Court and Anze People’s Court.Compared with practitioner of other industries, judge’s professional ethics has characteristics of procedural, political, mandatory and demonstrative. Under the new situation that the judge’s professional ethics has adjusted, the contents of judge’s professional ethics contain the loyal to law and justice and equity, the independence of trial and honest and upright, the diligence culture and professional autonomy, etc. Compared with the previous rule, under the new situation, judge’s professional code of ethics focuses on establishing judge’s overall consciousness and service awareness.By questionnaire investigations and interview investigations, Shanxi Supreme People’s Court, Jincheng intermediate People’s Court and Anze People’s Court were investigated on judge’s professional ethics.The investigations showed that:the main problems of judge’s professional ethics exsiting as follows:judge’s professional ethics education are not realistic,the divide of judicial administrative system is undefined,the investigation systems of serving is lack of standardization, judge independence judicial system is unsound, judge supervision system of law enforcement is faultiness, etc. The major reasons causing the problems as follows:judge’s occupational qualities are irregularity; traditional judicial culture is unenlightened; the present public administration system and judge security system are laged; and as for whole social environment, citizens’consciousness of rights safeguarding is weak, etc.Therefore, under the new situation that December of2010the supreme people’s court emended and decreed the "PRC basic standard of the judge professional ethics" and "PRC code of conduct of the judge", the judge professional ethics construction should start with the following respects:standardising judge education system, promoting judge’s quality; clearing relation of judiciary and administration, consolidating status of judge; strengthening judge reward and punishment mechanism, insuring judge with clean hands; establishing restriction mechanism of judge professional ethics; reforming management system of court, maintaining the independence of judicature; establishing judge security system, guiding judge be self-disciplined. Moreover, in the practice of judge professional ethics construction, emphasizing leaderships as the main body to implement emotional education of judge morality and promote judge’s moral will and belief.The greatest features of this paper is emphasizing the practicalness of judge moral construction.