法官良心培育研究

发布时间：2018-03-16 16:20

本文选题：司法公信　切入点：法官良心　出处：《华东师范大学》2017年硕士论文　论文类型：学位论文

【摘要】：诚信,因其对国家和社会的价值以及现实生活的需要入选为社会主义核心价值观。现实生活之中,诚信因其适用领域不同,而具体要求各异。随着全面依法治国的逐渐深入,司法领域的公信问题显得格外引人注目。法官,作为司法公信建设的主体责无旁贷,当法官不用良心去接触崇高,而只是追名逐利之时,作为异己存在的法官就成为司法公信建设难以驱散的幽灵。法官违背良心时常发生,啃噬着社会公众的良心,拷问着法官的灵魂。因此有必要对法官良心进行挖掘,梳理、归纳和架构,这对于司法公信的建设和全面依法治国的实施具有重要意义。本文在对法官良心进行梳理的基础之上,在第一部分论证了法官良心之于司法公信的价值。认为法官良心是法官在司法活动中基于对正义、善恶、是非的认知对自己的言行进行约束,是其进行司法活动内心深处所遵循的道德法则,包含捍守正义之心、坚守清廉之心、恪守责任之心、追求法治之心等主要内容。司法公信因法官良心而"立",法官良心是司法公信建设的原动力,司法腐败的天敌,司法公信建设的内在精神条件。司法失信则因法官违背良心而"失",法官违背良心弱化法官权威,侵蚀司法公正,危害司法信任。第二部分则对法官良心的现状以及法官违背良心的原因进行了系统分析。通过对1986年至2017年最高人民法院工作报告和法官违法犯罪典型案例的分析,发现部分法官违背良心是一个不争的事实,这也凸显着司法公信之危。部分违背放弃良心大体可以从四个方面找到原因:法官自身专业能力不足,道德品行不高;传统司法依附于行政,宗族分割裁判权、人治型的治理方式、礼法结合的传统司法文化对法官良心的冲击;司法制度中司法权与行政权交织,法官准入制度的不完善,制度缺位、走样和软化共存;民众法治意识淡薄,社会整体良心状况不佳和传媒时代的到来进一步冲击着法官良心。第三部分则是立足法官良心的培育,提升司法公信力。法官良心的养成不可能是一日之功,需要制度安排、文化因素和社会环境优化等多种因素共同助力法官良心的培育。通过对司法审判制度和法官约束制度设计的优化约束法官良心的表现形式;通过加强法官道德良心教育,不断激发法官的良心需要,加强法官个人良心修养培育良心文化,使得法官更加自觉的呈现好的良心表现;通过增强民众法治意识,提升社会整体良心,规范新闻舆论司法报道形成法官良心培育的社会支持系统。
[Abstract]:Honesty, because of its value to the country and society and the need of real life, is selected as the core value of socialism. In real life, honesty and credit are different because of their different fields of application, but their specific requirements are different. With the gradual deepening of the overall rule of law, The issue of public trust in the judicial field is particularly noticeable. Judges, as the subject of the construction of judicial public trust, are duty-bound. When judges do not use their conscience to come into contact with the nobility, they only pursue fame and gain. As a judge of dissent, it is difficult to dispel the ghost of the construction of judicial public trust. Judges often break their conscience, gnaw the conscience of the public, torture the judge's soul. Therefore, it is necessary to dig and comb the conscience of the judge. Induction and structure, which is of great significance for the construction of judicial public trust and the implementation of comprehensive rule of law. In the first part, the author demonstrates the value of the judge's conscience to the judicial public trust, and thinks that the judge's conscience is the restriction of his own words and deeds based on the cognition of justice, good and evil, right and wrong in the judicial activities. It is the moral law that he obeys in the heart of his judicial activities, which includes defending the heart of justice, adhering to the heart of honesty, abiding by the heart of responsibility, The pursuit of the heart of the rule of law and so on. The judicial public trust is "established" by the conscience of the judge, which is the motive force of the construction of the judicial public trust, and the natural enemy of the judicial corruption. The inner spiritual condition of the construction of judicial public trust is that the judicial dishonesty is "lost" because the judge disobeys the conscience, and the judge violates the conscience to weaken the judge's authority and erode the judicial justice. The second part makes a systematic analysis of the current situation of the conscience of the judge and the reasons for the violation of the conscience of the judge. Through the analysis of the report on the work of the Supreme people's Court from 1986 to 2017 and the typical cases of the judge committing crimes against the law, It is an indisputable fact that some judges violate their conscience, which also highlights the danger of judicial public trust. The traditional judicature is attached to the administration, the division of the adjudicative power of the clan, the governance of the rule of man, the impact of the traditional judicial culture of the combination of etiquette and law on the conscience of the judge, the interweaving of the judicial power and the administrative power in the judicial system, and the imperfection of the system of access to the judge. The absence of the system, the absence of the system and the coexistence of abomination and softening; the weak awareness of the rule of law among the people, the poor state of the social conscience as a whole and the arrival of the media era have further impacted the conscience of the judge. The third part is the cultivation of the conscience of the judge based on it. Raising the credibility of the Judiciary. The cultivation of a judge's conscience cannot be accomplished in a single day. It needs institutional arrangements. Various factors such as cultural factors and social environment optimization contribute to the cultivation of the judge's conscience. Through the optimization of the judicial system and the design of the judge restraint system, the expression forms of the judge's conscience are restrained, and the moral conscience education of the judge is strengthened. Incessantly arouses the judge's conscience need, strengthens the judge's personal conscience cultivation to cultivate the conscience culture, causes the judge to present the good conscience performance more consciously, through strengthens the populace rule of law consciousness, promotes the whole society conscience, Standardize the news and public opinion judicial report to form the social support system of the judge's conscience cultivation.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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