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The Theory Of Professional Morality Construction Of The Judge In Our Country

Posted on:2015-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:L M FengFull Text:PDF
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In the process of implementation of the rule of law, the judge plays a very important role.They apply the theory of law in real life, with the spirit of the law, provisions to host thefairness and justice in life. As a result, must possess noble professional ethics are the judge,even higher than the requirement to the professional knowledge level. A master of nationallaw, skillfully use skills, not necessarily is a good judge, and only have a certain professionalknowledge, and a heart of gold, just may be a good judge. Therefore, the cultivation ofprofessional ethics is the foundation of a judge.However, in our real life, but I do not attach importance to the cultivation of professionalethics of the judge. Shanghai collective PiaoChangAn, former vice President of the SupremeCourt judge yellow pine with corruption and bribery, and so on. One case, tell us now theserious lack of professional ethics of the judge. Over the long term, the judge is quite seriouslack of professional ethics of consequences: first, cause the judge to the loss of legal faith;Second, a mistrust of the judge and the law to the public; Again, may cause the chaos of thesocial order, affect the realization of the rule of law in our country, and so on. In order toprevent the occurrence of these problems, we must strengthen the construction of professionalethics of the judge in our country.Legal system in our country has special provisions in the laws and regulations ofadjusting the judge ethical behavior, however, its laws and regulations involved in the contentis not comprehensive, we need to improve the professional ethics laws and regulations of thejudge. At the same time, the judge management system also has a lot of defects: first, thestatus of the judge, the court in the state organs, is not completely independent, although inthe founding period, we give the position of the independence of the judicature, butinfluenced by ancient Chinese "judicial administration a", the administrative organ is more orless interference of the judge and the court’s independence; Second, the court, the judge’smanagement system in our country is leans to the town, the judge’s independent jurisdiction,especially local judges, restricted by many factors, make in the court system, power updip,?Combining with the sound of foreign judges system and the actual situation of our country,this paper puts forward the relevant measures to strengthen the construction of professionalethics of the judge in our country: first of all to judge the professional ethics training toprovide a good external environment, second from the education, training to strengthen thecultivation of professional ethics of the judge. Finally, the judge realized, abide by professional ethics, a judge is just as the basic requirement of a judge, judge or vocationalholiness, strengthen their moral accomplishment. From the phenomenon to explore the reason,from the reasons, analysis the flaws of the system in our country, to perfect the related system,after is the thinking of writing of this paper.From the external environment, the stronghold of the main is to perfect the relevantregulations the following; The ranking of idea of the judge, change entrenched, convince thejudge to judge and differs from that of ordinary administrative personnel judge a deeperunderstanding of the position, do a qualified judges; Second, change the administrative modeof court, the court and the judge’s management reflects the function of supervision, not leader,make the judge at the trial independence. Three, improve the education system and trainingmechanism. In education and the training phase, increasing, strengthening the professionalethics construction of the judge.Judge from the self-discipline, foster professional ethics idea, make the judgeprofessional moral internalization as part of the judge personality, to abide by the professionalethics become a habit. We may formulate the relevant measures to help the judge to completethis phase shift.Through the discussion above, it can be seen that the use of case analysis, the mainmethods of this essay analyze real cases-Shanghai collective PiaoChangAn, former vicePresident of the Supreme Court judge yellow pine have corruption and bribery case, todescribe the phenomenon. At the same time by using the method of comparison, contrast thejustice ethics theory and foreign professional ethics theory, the analysis of advantages anddisadvantages, reference to the related theory of occupational moral construction of the judgein our country. Finally, this article makes every effort to practice and theory, the combinationof theory to guide practice, rich theory to practice, perfect combination of theory and practice,and build a theoretical system of cultivation of professional ethics of the judge in our country.
Keywords/Search Tags:The judge professional ethics, Phenomenon of lack, construction
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