民国法官职业生态研究

发布时间：2019-01-17 07:13

【摘要】：职业生态研究是现代职业体系研究的基础手段,是解决职业问题的有效方法,法律职业体系研究是法官人事管理研究的重要工作,因此研究法官职业生态对法官职业研究具有重要意义。法官职业生态由职位要求、职业环境、职业路径、职业待遇、职业准入五个因素构成,它包含了由准入机制、岗位工作、福利保障、工作内容及社会责任等子因素构成的法官职业内部生态因素,由晋升途径、内心期望与实际情况等构成的个人发展路径以及由社会环境和政治环境构成的外部生态因素。民国时期是我国开始对法官职业进行全方位近现代意义上的塑造之时期,研究这一时期的经验与教训,对今天法官制度的架构具有重要的理论价值,是我们进行法官制度设计的重要参考。本文在对法官职业生态概念论述的基础上,运用生态学的基本理论和基本观点去考察法官职业与社会生态环境之间的关系,详细考察了民国时期法官的职业环境、职务压力以及职业发展前景。职业生态学是以某个具体职业系统为研究对象,揭示职业与整个社会生态环境之间的内在联系,从总体上寻求职业与生态环境之间协调的途径,而生态世界观认为,世界是一个完整不可分割的整体,整体对于局部而言具有优先地位和最高价值,它对局部具有最终的决定作用。法官职业是和社会生态环境内在地联系着的,正是法官职业与社会生态环境之间的动态的相互作用构成的联系,使社会生态系统成为一个不可分割的整体。法官职业包含在社会生态系统的关系网之中,社会生态的任何变化,都将影响法官职业的发展变化。在此基础上,本文分析了民国法官职业生态与司法功能实现的相互关系。这种互动关系主要体现在三个方面:第一,它提高了法官的整体素质。民国司法制度在法官选任条件方面极其苛刻,这既保证了法官拥有足够的学识来应对纷繁复杂的案件,也使得法官具备良好的道德品质,从而公正司法、夙夜匪懈;第二,它维护了司法独立并促进了司法公正。民国时期的立法基本恪守了司法独立的原则并予以明文化,这为法官独立审判、不畏强权提供了法律基础,同时也在逻辑上促进了司法公正。第三,它维护了司法权威。在具备充分的社会物质保障的情况下,民国法官渊博的专业知识、精湛的业务水平,都极大地维护了司法权威。
[Abstract]:The study of occupational ecology is the basic means of the study of modern professional system and the effective method of solving professional problems. The study of legal professional system is an important work in the study of the personnel management of judges. Therefore, it is of great significance to study the professional ecology of judges. The professional ecology of judges is composed of five factors: position requirement, occupational environment, career path, professional treatment and occupational access. It includes access mechanism, post work, welfare protection, etc. The internal ecological factors of judges' profession are composed of work content and social responsibility, personal development path made up of promotion path, inner expectation and actual situation, and external ecological factors made up of social and political environment. The period of the Republic of China is the period when our country began to shape the judge profession in a comprehensive and modern sense. It is of great theoretical value to study the experience and lessons of this period for the structure of the judge system today. It is an important reference for us to design the judge system. On the basis of discussing the concept of professional ecology of judges, this paper applies the basic theory and viewpoint of ecology to investigate the relationship between the occupation of judges and the social ecological environment, and makes a detailed investigation of the professional environment of judges in the period of the Republic of China. Job pressure and career prospects. Occupational ecology is to take a specific occupational system as the object of study, to reveal the internal relationship between occupation and the whole social ecological environment, and to seek the way of coordination between occupation and ecological environment in general, while the ecological world outlook believes that, The world is a complete and indivisible whole, the whole has the priority and the highest value to the part, it has the final decisive function to the part. The occupation of judges is intrinsically related to the social ecological environment. It is precisely the dynamic interaction between the profession of judges and the social ecological environment that makes the social ecosystem an indivisible whole. Judge occupation is contained in the social ecosystem relationship network, any change of social ecology will affect the development and change of judge profession. On this basis, this paper analyzes the relationship between the professional ecology of judges and the realization of judicial function in the Republic of China. This kind of interaction mainly manifests in three aspects: first, it improves the judge's overall quality. The judicial system of the Republic of China is extremely harsh in terms of the selection of judges, which not only ensures that judges have enough knowledge to deal with complicated cases, but also makes judges have good moral quality, thus just justice, long-cherished night; Second, it maintains judicial independence and promotes judicial justice. The legislation of the Republic of China basically abides by the principle of judicial independence and gives the Ming culture, which provides a legal basis for judges to judge independently and does not fear power, and at the same time promotes the judicial justice logically. Third, it upholds judicial authority. With sufficient social and material security, the judicial authority has been greatly maintained by the judges of the Republic of China with their profound professional knowledge and consummate professional level.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929

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