Legal Guarantee On Professional Ethics Of Judges

The eighteen session of the Fourth Plenary Session of the "rule of law" theme throughout the report, to the "rule of law" to promote the deepening reform become a general consensus of community. Justice is the terminal links of the operation of law, play a decisive role in the maintenance process of fairness and justice, it is vividly likened it to the last line of defense "society". Virtue alone is not sufficient for the government, the law alone is not enough". The decision process of the judge, not the "vending machine" justice-- material only to add the facts and rules, judicial automatically spit out the verdict. The application of the law, those who need to have special laws to the operation and practice. The judge is the core strength in justice, undertake to settle disputes and achieve social justice, maintaining social order and important responsibilities. Members of the society in the heart, the judge is often seen as a symbol of justice, the incarnation of justice and conscience of the patron saint, so the public has a lot of expectations for the judges, but also invisible to judge industry activities set up many defined psychologically. Therefore, the process of judicial decision, not only requires the display of legal professional judgments, but also moments of proposed test of judges’ professional ethics. Moreover, the professional ethics of judges on judicial result is important not just as much as the degree of legal professional judgments.Specifically, the judge’s professional ethics is produced in the process of professionalization of judges, determined by the particularity and specialization of professional judges, is unconditional compliance with ethical norms to restrict the behavior of the judge in the process must be engaged in legal work in. This code of ethics is not only the guarantee social members on the basis of the trust of law, but also the whole society to judge industry expectations, more is the identity formation of occupation ethics, conscience and self discipline self judge occupation groups in the long-term work in the law. The judge’s occupation morality as a kind of special occupation morals, its rich connotation, mainly including the supremacy of law, judicial justice, judicial clean, clear these key elements which is theoretical foundation of the whole content, judge occupation moral construction.Improve the professional ethics of judges connotation of legal justice is the basic premise for. But the judge professional ethics implementation, not only need to have the judge’s self-discipline, needs to have the guarantee of law supporting the judges profession. Thejudge occupation moral law safeguard is the country ensure the independent and impartial,free from any interference judgments according to law cases drawn on the judge’s identity,status, power, economic security and so on a series of system. Associated largely quality and credibility of the rule of law protection and judicial quality judge occupation moral construction level. At present, restrained by the legacy system and the traditional concept of the impact, and the current status of the system of occupation ethics of judges, the judges of the overall occupation moral status and social expectation is still a big gap between the. Many judges failed to withstand the temptation of outside interests, or without limit the abuse of power, leading to the judicial corruption, judicial cases often occur, serious damage to the credibility of the judiciary and the authority of law. Therefore, this article bases on the foundation of research on the judge occupation moral connotation, the current judicial practice observation condition, analysis of the causes of occupation moral construction faces the dilemma of our country and analysis judge this dilemma, including social factors, personal factors and institutional factors, so as to find a breakthrough to explore the judge occupation moral law guarantee effective path feasible.Legal guarantee of judge occupation moral construction is a systematic project, can not accomplish at one stroke. But, generally speaking, when the old method, system can not solve the difficult problem of rule of law to guarantee the construction of the judge occupation morality faces, you should destroy the old and establish the new, to explore new effective rule of law measures. In view of the current situation of the domestic judicial practice, the author pays attention to the judicial personnel’s professional occupation moral education, occupation moral public founded judge evaluation appraisal system, establish the judge occupation security and related system construction, in order to perfect the law guarantee judge’s occupation moral construction, use of judge "in Dehua society" of the role of theoretical exploration and put forward constructive ideas.