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Effect Study of Judicial Ethics on Administration of Justice

Author: LiuXiaoLiang
Tutor: LiYuZuo
School: Northwest Normal University
Course: Legal Theory
Keywords: Judicial ethics Administration of justice Effect Study
CLC: D926.2
Type: Master's thesis
Year: 2012
Downloads: 125
Quote: 0
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Judicial ethics is a moral value concept which includes theprofessional ethics and individual moral of judges, and is a particularindividual morality attached with professional property. Judge ethics ischaracteristic of initiative, uniqueness and sustainable changes. Andloyalty, justness, integrity and civilization are the most basic moralstandards which a judge should possess.The role of judge ethics in the administration of justice is reflected inboth positive and negative aspects. On the positive side, judicial ethics inthe administration of justice process will play a guiding role on the valuejudgments of the individual judges and the public. Also, it can constrainthe individual behavior of judges to prevent the expansion of their power.On the negative side, we should restrict the excessive use of individualmorality of judges in the adjudication, and prevent the loss of rationalityin the experience reasoning of judges as well as the pan-moralization ofthe administration of justice.Applications of judicial ethics in the administration of justice will gothrough the following process: the multiplicity of roles of judges can leadto conflicts between their different roles in the administration of justiceprocess and result in moral conflicts during the case evaluation. Thesemoral conflicts compel the judge to make a moral choice, and theultimate one determines the end of the administration of justice process aswell as the acceptability of the results of the administration of justice, andthus reflects the legitimacy for the administration of justice process. Inaddition, the judicial ethics has an extremely important role in therealization of the judicial entity justice and procedural fairness, which isdemonstrated by the leading role in the realization of the proceduraljustice and the inner self-discipline to achieve the real justice.At present, the moral state of our judges as a whole is good but thereare still some inadequacies need to be urgently improved. This requires usnot only to activate the intrinsic constraints to strengthen the moral training of the judges, but also to shape the external system to establish amoral safeguard mechanism for building the whole judges.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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