A Study On The Formation Of Judicial Moral Judgment

Judiciary should have the morality,it is undeniable fact.There are many moral cases in judicial practice,which is called moral dispute cases according to the further classification of this article.The handling of such cases must take into account moral factors,and the judgments must to achieve legitimacy and rationality,but also in line with the social acceptability,and ultimately to achieve the impartiality of justice.These are embodied in the judicial morality,and finally the formation of the judgments is the judgments of judicial morality.Judicial morality is the theoretical basis of the formation of judicial moral judgment,the formation of judicial moral judgments to maintain the judicial morality.In the cases of moral disputes,judicial justice does not erase morality in addition to the realization of formal justice in accordance with the law,but also the realization of substantive justice by virtue of morality.Also the judiciary needs to consider the moral,to guide the moral values of society,to respond to the moral needs of society.Includingly,this article explores the measures and methods of forming the judgments of judicial morality in depth according to the idea of asking questions,analyzing the problems and solving the problems.Moreover,this paper analyzes the cases of moral disputes in judicial practice,summarizing the methods of dealing with such cases in judicial work,and on this basis discussing the relevant contents of the formation of judicial moral judgments,in other words,demonstrating judicial morality,finding out the formation of judicial moral judgments problems,and then for these issues from the social,judicial,legislative and methodological approaches to solve the problems,and ultimately boosting the formation of the judgments of judicial morality.In addition,this article includes the following four sections:The first part of the article is about the theory overviews the judgments of judicial morality,from the concept of judicial morality,the relationship between judicial morality and judicial legality,and the legitimacy of judicial ethics in three aspects discussion.And from the legal norms of the open area,the spirit of the modern rule of law,the pursuit of the value of judicial justice,judicial rationality of the four aspects must be the legitimacy of judicial ethics.The second part of the article is the analysises of the problems of the formation of judicial moral referee,these problems are as follows: firstly,the systematic issues of judicial moral judgments,namely the conflicts between judicial transplantation and local justice;secondly,the practice problems of judicial moral referees,including the de-moralizing and non-moral;thirdly,the real problems of the judgments of judicial morality,that is,independent judgment and "moral kidnapping."The third part of the article puts forward the steps from the respect of the basic moral identity,the construction of judicial morality and the establishment of ethical legislation to deal with the problems of the formation of judicial moral judgments.Among them,the construction of judicial morality includes the establishment of judicial moral response mechanism and the cultivation of the judicial moral quality of the judges.Besides,in order to cultivate the judicial moral of the judges,it is necessary to strengthen the judicial changes of the judge’s judicial concept,to correct the prejudice of the judge’s moralization;to strengthen the training of the judge’s handling capacity,to increase the judicial ethics understanding;but also to strengthen the role of moral awareness,to improve the judge’s responsibility for social morality.In the fourth part of the article,the author puts forward a new method of judicial judgment,that is,the method of moral amendment,which is the special judicial method proposed in the cases of moral dispute,and the new referee method to promote the formation of judicial moral judgments.This part is the focus of the article,and the sublimation of the formation of judicial moral ruling.