Study On Judges’ Duty Of Deliberative Speech

Under the background of overall promotion of law-based governance,judges,as the important subjects of judicial activities,influence judicial image by their words and actions.The speech of judge is the most direct way for the public to know the degree of judicial justice,and as the decision-makers of trial activities,judges together with their words and actions reflect their own understanding of judicial justice.The proper fulfillment of the obligation of silence of judge makes the public have confidence in judiciary and respect law and,to some extent,promotes the deepening reform of court.Based on judges’ professional ethic norm,the obligation of silence of judge is the border for judges’ speech on internal trial activities and external activities.In internal trial activities,the obligation of silence embodies in five aspects,that is,court trial,judicial interpretation,judicial decision,lawsuit petition letter,and individual case;as for external activities,the research of the obligation of silence mainly centers on the comment on law case,social software,such as weibo,and teaching research.The significance of speech boundary attached by judges not only conforms to their professional law,but also contributes to the safeguard of judges’ judicial image of fairness and impartiality and the establishment of judicial authority.Theoretically,the research of the obligation of silence of judge has a positive impact on the improvement of overall construction of judges’ professional ethic norm in China and distinguishes itself from the research of judge’s act because of its pertinence.Practically,the obligation of silence of judge is the summary of judicial experience based on judges’long-time professional nature,meets the general objective of law-based governance in current situation,and is beneficial to the promotion of related court reforms.The fulfillment of the obligation of silence of judge is mainly influenced by three factors.The first is about the accuracy of role positioning by judges themselves,which is the outcome of judges’ social attributes,court’s hierarchical system,and public security organs.The second factor is the system of misjudged case investigation,under which the work pattern of judicial committee influences the fulfillment of the obligation ofsilence;the last one is judges’ cognitive level of professional ethic.Starting from the case of judges’ neglect of the obligation of silence in reality,this paper concludes and summarizes text basis of the speech of judge in China,analyzes current situation of fulfillment and influence factors of the obligation of silence of judge,and puts forward measures for system construction.The system construction is about the improvement of judge’s professional right protection,judicial accountability,judge’s punitive system,and the system of judicial judgmental argument.