Study On The Judicial Conscience Of The Judge

General Secretary Xi Jinping repeatedly emphasized in his important expositions and important instructions on the construction of the rule of law that "the effort is to make the people feel fair and just in every judicial case." This has also become the highest and fundamental goal of judicial work.In order to achieve this goal,it is crucial to forge a team of excellent judges;how to forge a team of excellent judges has also become an important subject of judicial reform in recent years.Obviously,the realization of the above goals requires the judges to complete,and the realization of the justice of the judges requires the judge's internal guidelines to guide,that is,the judge's judicial conscience.This article studies the judicial conscience of judges,and tries to find out the countermeasures for the realization of judicial conscience of judges.This article is divided into four parts:The first part is the basic theory of judicial conscience of judges.First,the concept of conscience has different meanings in Chinese and Western cultures.China emphasizes the balance between "knowledge of virtue" and "knowledge of knowledge".The West emphasizes the contest between "knowledge" and "common knowledge" Secondly,the concept of judicial conscience is finally implemented within the scope of "judicial" and "conscience";again,the meaning of judicial conscience is distinguished from conscience and legal professional ethics;finally,it shows that judicial conscience is important to judicial justice,judicial integrity,and justice.The construction of public trust has unique value.The second part explores the evaluation dimensions and influencing factors of judges' judicial conscience.First,judges' judicial conscience is evaluated from five dimensions: legitimacy,fairness,rationality,integrity,and diligence.Secondly,it explores the influence on judges' judicial conscience from four aspects: subject,regulation,system and culture.The third part sorts out and analyzes the problems of the judicial conscience of judges in China.First,from the perspective of referee results,there are problems such as high rates of reform and reform,frequent occurrence of unjust and false cases,and improper application of laws.Second,from the perspective of the referee process,there are problems such as lack of neutrality,lack of passiveness,and lack of openness.There is also the problem of frequent corruption of judges.Finally,the causes are summarized from two aspects: internal and external causes.The internal causes include: the lack of legal beliefs and inadequate judicial capacity of judicial subjects;some gaps and improper legal systems,the lack of judicial independence in the judicial system and the backwardness of some judicial concepts.The external factors mainly analyze the influence of the public on the judicial conscience of judges.The fourth part proposes countermeasures to the realization of the judicial conscience of Chinese judges.First of all,we must attach importance to the judicial conscience of judges.Secondly,we must strengthen the education of judges' ideology and ideas,the legal beliefs of judges,and the construction of judicial style.Thirdly,we must timely fill in the loopholes in the current judge law and strengthen the profession of judges.We will ensure the strength and improve the case guidance system.In addition,we will systematically strengthen the judicial independence within the court,and distinguish between the trial power and administrative power of the court president.