Humanistic Investigation of Construction of China’s Judicial Professional Ethics

from the Perspective of the Dialectical Relationship Between Institution and Ethics


2019-04-25 01:46

Cao Zhiyu
Jianghan Academic

Abstract: Rule of law is Chinas basic strategy of governing the country and Chinas century- long political choice to conform to the world trend and to move to a more advanced social form. For a long timescholarsin face of opportunities and challenges in the rule-of-law processtend to attribute all problems to institutions and overlook the dialectical relationship between institution and ethicswitch is rooted in humanity. Since the late 1970sunder the impact of highly materialized market economy and commercialized valuesrule of law in China has presented a state of imbalance between institution and ethicsrevealing the fundamental frailty of modern professional ethics which is based on the baseline of fairness. As the embodiment of institution and ethics in the context of judicial professionthe basic approach of Chinas judicial reform was to build an institutional system that guarantees the judicial authorities to perform their duties in accordance with the law. Howeverthis reform still separated the relationship between the two. Institutional system and professional ethics are the two sides of justice and both cannot be neglected. Judicial professional ethics can make up for the shortcomings of judicial institutions and can directevaluateand regulate judicial acts. Therefore we must not over rely on institutionsinsteadwe must place equal emphasis on both institution and ethics. The construction of judicial professional ethics can promote judicial fairness and become a forerunning project of judicial reform and rule-of-law strategy.

Key wordsrule of lawjudicial reformjudicial absencejudicial professional ethics

The Chinese version appeared in Jianghan Academic, 2019(04).


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