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Professional Ethics:The Basis Of Harmonious Interaction Of Legal Professional Community

Posted on:2018-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2416330536474959Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the current judicial practice of our country,a benign communication mechanism has not been formed among judges,prosecutors,lawyers and jurists and so on various legal professional groups,the "professional separatist" status is obvious among different legal professions,and a resultant force advantage cannot be formed.It has seriously surpassed the reasonable category of mutual supervision and restriction among all legal profession industry communities,and gradually evolved into the present situation that the legal professional community exists in name only.Legal professional community is the professional community in harmony and diversity,and is also an ethics-community that contains the differences in unity.Its disharmonious situation resulted in serious obstacle for the promotion and development of legal construction of our country,and hinders the implementation of law spirit to some extent.It is one of the important problems in the current judicial reform in our country to realize and establish a harmonious relationship among different professions in the body of legal profession.The legal profession community is a professional community which is connected by legal related professions.Legal profession contains law "paradigm",this kind of paradigm,on the one hand,represents an entirety combined mutual beliefs,values,technology,and so on of a specific community members;On the other hand it refers to an element of an entirety,namely is a specific answer to a puzzle.Being taken as a model and example,it can replace clear rules and become the basis of regular science and other puzzles to solve.From system design point of view,the legal professional community in different legal professions should be in a benign competition model of mutual restriction and mutual development to guarantee both the realization of legal justice itself and the maximum promotion of social justice;On the other hand,it is built on the basis of respect and maintenance of relevant rights,so that everyone can enjoy and exercise their rights.In fact,the current professional ethic that has a core of hypothetical command raises the conflict and rivalry among different legal professions in the body.As for the legal professional community in different professional,because of hypothetical imperative decisions,they completely exist for maximizing their own interests,The interest conflicts,different and opposite goals of different profession resulted in congenital irreconcilable contradiction among different profession in the legal professional community.At the same time,Due to the contingency and restriction in goals,the professional ethic targeted in respective interests has also led to its contingency and extremism,which resulted in full uncertainty in different legal profession occupational behavior,and has increased the conflicts of different legal profession and opposition.Specifically,in the legal profession community,one side is the lawyer and legal affairs of the interest of the parties;One side is the judge,the prosecutor who is hoping for the sake of harmony;And the other side are the law scholars who purely pursues integrity of theory.During the judicial practice,all parties do not compromise,which brings contradiction among different professions,and exacerbates interactive relations during different career in the legal profession community.On the contrary,the imperative statement represents the inevitability of an unthinking and conditional necessity,it came out of law and accords with law itself.It is imperative that the deterministic and prescriptive nature of the imperative and the unconditional nature of the different legal profession form the force of coexistence unconditionally.The professional ethics of the legal profession community need to be inherent in the inevitability of the categorical imperative as the basis of professional ethics,and only in this foundation,it has different legal profession because of its own characteristics and the professional ethics,the professional ethics of the legal profession were born in different professional ethics of the legal profession community,and is a common feature of relationship.As a solid foundation on the basis of the professional ethics,it is imperative to say imperative.Only common set up different legal professional ethics in the categorical imperative,there are only different legal professional to categorical imperative bottom line,legal professional community does not fundamentally in a contradictory state,heterogeneity of the interaction between different legal profession can in a reasonable scope,and not be turned into a vicious fight.Legal professional ethics need a core of legal person following the categorical imperative,through the practical will,the formation of the ethics of self-discipline is the heart of the ethics norm is the interaction law and the principle of people-oriented purposes,that said the will of the people to form guidelines must be able to be seen as a at the same time can be used widely in law,and the process itself purpose on the people.Through the legal professional ethics,legal person to realize the justice law accord with the laws of justice behavior again at the same time,the different legal professional is also available in the same range and realize the benign and harmonious interaction within a consensus.The primary ethical code of the core legal profession ethic is the principle of reciprocity.For the different legal professional legal professional community,mutual principle is the basis of the professional ethics construction,only the legal professional community construction of professional ethics as well as the different legal professional ethics in based on the principle of reciprocity of the categorical imperative,it is possible the harmonious interaction of the legal profession community,the different legal professional community legal profession not only exist in the perspective of professional ethics fundamental opposition,contradiction and conflict.For the legal profession of different legal professional community for the principle of mutual rational base,is to set up the theoretical basis of professional ethics,legal professional community is also realize the legal professional community in the premise of harmonious interaction between different legal profession.Imperative Command also demand different legal professionals take people in every legal profession as goals to achieve.Only our every legal professionals is purpose,and cannot be oneself or anyone else as other purposes,the means of categorical imperative as the core of professional ethics is the certainty.It is at this point of view,we need to follow the rule of the interaction,mutual and people-oriented purposes of laws in this implementation coordination and unification,eventually formed with categorical imperative as the core of legal professional ethics.Law is to achieve it as a pro itself,in order to have the common sense legal person's own implementation for the purpose,to ensure the categorical imperative is observed,the legal professional community can perform ACTS of law and comply with the rules made law.Benign interaction model building need to stand on a lofty professional ethic.Only when different legal profession is not in the legal professional community is fundamental in professional ethics Angle opposite each other,the legal professional community is built on Shared within a reasonable range of professional ethics,could the legal professional community in the benign interaction of different legal profession become possible.This is because of the deviation of the value orientation of the legal profession ethics itself,which leads to the vicious confrontation between different legal profession within the legal profession community.Therefore,the realization of the imperative of the prescriptive law of the core reconstruction of the legal profession ethics and the realization of the harmonious interaction of the foundation of the foundation of the legal profession is very important.
Keywords/Search Tags:Professional Ethics, Community, Hypothetical Command, Conflict, Harmonious Interaction
PDF Full Text Request
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