Study On Judges’ Duty Of Deliberative Speech

Judges are the mediate judicators,who exercise the power entrusted by the state,and represent the judicial justice of the society and even a country,as well as the key subject to realize the rule of law.For ordinary people,judges’ remarks represent whether the social justice is fair or not intuitively.On the one hand,the fulfillment of the judge’s obligation to be cautious can enable the public to trust and respect justice;On the other hand,it can also help the further construction of judicial credibility and ensure the smooth progress of judicial reform activities。Every word and action of a judge represents not only his personal image,but also the judicial image of the whole country.The public will use the judge’s speech to measure the fairness and justice of judicial activities.The judge,as one of the citizens,has the basic right of freedom of speech like other citizens.However,judges are not ordinary citizens.As a special judicial subject,judges must accept the restrictions on their civil rights with the aim of better performing their judicial duties.Judge’s professional ethics is the cornerstone of the obligation to be cautious.The obligation to be cautious is attached to judge’s professional ethics and judicial professional ethics.The obligation to be cautious is to define the speech boundary between judges’ in-court trial and out-of-court activities.In the trial activities in court,the judge’s obligation to be cautious is mainly reflected in the trial speech,judicial mediation and judgment documents.Out-of-court activities are mainly interviews with news media and comments on online social platforms.As a special professional group,judges should be cautious in their words and deeds,which is not only one of the contents of legal obligations,but also conforms to their own professional laws.Judges’ obligation to be cautious is conducive to enhancing the impartial and independent judicial image of people’s judges and promoting the establishment of judicial authority.Theoretically,the research on obligation to be cautious of judges is different from the traditional researches.It is more targeted for speech and more conducive to the implementation of judges’ professionalism,the improvement of judges’ professional ethics and the promotion of judicial system reform.From the perspective of judicial practice,the obligation to be cautious can enable the court to gain more respect and recognition from all walks of life,and make each party feel the justice and strictness of the judiciary.News that have aroused heated discussion in the society in recent years are selected,and the problem of judges’ neglect of the obligation to be cautious are found out and summarized.The content and current situation of the obligation to be cautious are analyzed,and the obligations outside the region are briefly introduced by taking the United States as an example.What’s more,the problems encountered in the obligation to be cautious are collected,and three aspects to perfect the obligation of judges: Perfecting laws and regulations,increasing disciplinary system and strengthening quality construction are put forward.