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A Study On Judges' Professional Ethics

Posted on:2018-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ChenFull Text:PDF
GTID:2346330515967604Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Chinese there is an old saying: "good enough governance,law cannot in itself." The importance of human factors in the constructio n of rule of law.To use the law requires judges,judges are specific operators of the law,the law can be the implementation of the key factor is that the judge m ust have ju stice,independence,quality,efficiency,the occupation ethics,therefore,the construction of the judge occupation ethics is very important for the construction of socialist legal system in china.However,from the point of view of China' s current legal construction,although there is significant progress,the quality of judges has overall im proved,but ju stice has not been fully resolved;some judicial unfairness occurs.It is true that these ph enomena are related to the imperfection of norms,the discretion of judges,etc.on th e other hand,the quality of judges is als o a very important reason.To improve the quality of the judges,judges occupation ethics is one of the key factors.The construction of the judge's occupation ethics,help to improve the quality of judges,to maintain a good image of the judiciary,so under this background,this paper studied the theory related to o ccupation ethics of judges in China,and put forward their views on how to construct our country judge occupation ethics.The first part m ainly introduces the topi c of this paper purpose,selected topic significance and research st atus at hom e and abroad,re search methods and specific research ideas are put forward.Pointed out that the judge work ethic for the development of the country under the rule of law has the prom oting function,and conclude that national courts lack of prof essional ethics.A nd by introducing the abroad and the research status of prof essional ethics of the judge in our country,points out the deficiency of professional ethics construction of the judge in our country.The second part expounds the concept of judge occupation ethics,the occupation ethics,"judge" the judge' s occupation ethics meaning of the concept of 1 1 analysis,the judge pointed out that the occupation ethics is judge human relati ons stable principle based on the formation of the community of law occupation.Study on occupation ethics and moral judge judge dif ferent occupation,have their own unique ch aracteristics,the main judge is the judge occupation ethics itsel f,the object is the behavior of the judge' s duty and the usual activities,its core content is the ethics of justice,loyal to the law,adhere to the judicial inde pendence,advocating justice,good image,and the law the good quality is the basic requirement of occupation ethics of judges in china.In this part,the author also analyzes the necessity of c onstructing the professional ethics of judges.I believe that the judge occupation ethics is a necessary prerequisite for justice to resolve social disputes,it is helpful to improve the image of the judge and judge the social status,is to promote the realization of the premise and guarantee of judicial justice,promote social justice and harmony.The third part is the research on the pr ofessional ethics of judges abroad.The continental law system and common law on judges occupation ethics standards are discussed,the specific principles that sta ndards of occupation ethics of judges,and analyzed the occupation standards of Anglo American law system is a system,while the civil law countries,judges occupation ethics has not formed a complete system.The fourth part based on the analysis of the present situation of the occupation ethics,analysis of the current there are still some problems,the author of these problems are summarized,and pointed out that the lack of ethics of judges occupation process i n China and its causes.The reason is that in recen t years,the country began to pay attention to the developm ent of the occupation ethics,but the judge occupation level is not high,the lack of our legal tradition,the occupation guarantee system is not perfect,resulting in part of the judges show behavior is not standardi zed,the phenomenon of improper judicial corruption gradually em erged,resulting in dam age to the jud icial authority and the image of the judge.The fourth part based on the analysis of the present situation of the occupation ethics,analysis of the current there are still some problems,the author of these problems are summarized,and pointed out that the lack of ethics of judges occupation process i n China and its causes.The reason is that in recen t years,the country began to pay attention to the developm ent of the occupation ethics,but the judge occupation level is not high,the lack of our legal tradition,the occupation guarantee system is not perfect,resulting in part of the judges show behavior is not standardi zed,the phenomenon of improper judicial corruption gradually em erged,resulting in dam age to the jud icial authority and the image of the judge.
Keywords/Search Tags:judge professional ethics, judicial justice, judicial, authority, judge
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