Moral Examination Of Judicial Responsibility

Judicature is the last line of defense to safeguard social justice.The occurrence of many judicial corruption cases in our country is closely related to the moral decline of the judicial subject.It is urgent to regulate the professional ethics of the judicial subject.As a judicial subject,only with good morality can we ensure the authority of the judiciary and highlight the justice value of the judiciary.If the judicial subject lacks conscience in judicial activities,social justice will be difficult to achieve.Therefore,the reform of judicial system centered on judicial power must increase the consideration of relevant moral factors.Based on the philosophy of judicial philosophy of pragmatism,as a kind of legal responsibility,judicial responsibility has two connotations: one is that the judicial subject should correctly exercise judicial and procuratorial powers and perform judicial duties according to law;the other is that the judicial subject should be punished if it fails to properly perform its own judicial functions and powers.There are four theories which have important influence on judicial responsibility: one is the theory of people's sovereignty;the other is the theory of principal-agent;the third is the theory of legal and political obligations;and the fourth is the theory of guarantee of promise.Vigorously promoting the judicial responsibility system is conducive to the realization of the restriction and supervision of judicial acts,to the enhancement of the moral responsibility of judicial personnel,and to the enhancement of judicial credibility.The moral level of judicial subject is closely related to judicial culture,judicial system and even judicial practice.Under the guidance of judicial justice morality,the judicial subject can make legitimate and reasonable judicial activities.Due to the negative influence of Chinese traditional ethics and Western moral ethics,the lack of moral binding force,the limitation of accountability system,the imperfection of authority guarantee system in the external system of judicial professional ethics,and the insufficient understanding of moral accountability by judicial subjects,the weak moral will and the vague moral beliefs,judicial corruption in our country has become a serious problem.Therefore,to improve the authority and credibility of the national judiciary,it is necessary to strengthen the moral regulation of judicial power.Firstly,we should strengthen the moral control of judicial power.Strengthen the moral responsibility of the judicial subject and clarify the principle of moral accountability of the judicial subject.Secondly,we should strengthen the moral construction of the judicial responsibility system.We will improve the moral guarantee mechanism,the moral supervision mechanism and the moral assessment mechanism.Finally,the moral education of judicial subjects should be strengthened.The moral restraint of judicial responsibility can not be separated from the effective development of moral education.This requires enriching the content and form of moral education,combining daily education with targeted education,giving full play to the role of moral correction of judicial responsibility,thus ultimately shaping the moral conscience of the judicial subject and providing moral support for the realization of judicial justice.