Research On The Professional Ethics Of People's Procuratorial Work Under The Marxist Mass View

Legal occupation ethics is an important part of the rule of law,is the cornerstone of the establishment of judicial team,relating to the success or failure of judicial work.In our country,the prosecutor's professional ethics has promulgated a series of relevant laws,regulations and other normative documents during its construction,which has made great strides compared with the past.However,there are still some problems such as poor service awareness and the simple and crude law enforcement.With the continuous deepening of our country's reform and the growing of people's awareness of the rule of law,the people put forward higher requirements on the professional integrity and moral character of the procurators.The procuratorial work has increased with the increasing pressure of handling cases and is with the purpose to meet the requirements of the country's overall legal construction,making the ethical construction of the people's procuratorial profession show a unidirectional path dependence.The procuratorial work has increasingly attached importance to the formal meaning of the law and the efficiency of the judicial operation,making the procuratorial work pursue the legality requirement from the perspective of positivism and the judicial professionalization in the construction of professional ethics,and lending to ignore the interests of the people to some extent.The most fundamental reason for the above-mentioned institutional flaws in the construction of professional ethics lies in the fact that in the course of specific procuratorial work,the Marxist view of the mass,which has long dominated the judicial system,has been ignored or even deviated.The Marxist mass outlook is an important part of the basic tenets of Marxism.It is the basic standpoint of Marxist political parties in treating the fundamental stances of the people and the correct handling of the relations with the masses of the people.It is also the main guiding ideology of the entire party work under the leadership of the party.The Chinese Communist Party has inherited and developed the Marxist mass outlook,summing up valuable experience in the long-term revolutionary struggle.As the basic work of the rule of law,the construction of the procuratorate's professional ethics focuses on creating the people's procuratorial team,regulating how procuratorates handle the relationship with the relevant subjects in the performance of their duties.As a part of the judicial system under the leadership of the Party,the Marxist mass outlook can provide directional guidelines and concrete methodological under the construction of its professional ethics.This article aims to promote the combination of the two in procuratorial practice so as to ensure that under the guidance of Marxist Outlook on Mass,the Construction of procuratorate's professional ethics realizes the purpose of judicial for the people and the legislation of public prosecution.This article is divided into three parts,including the introduction,the body and the conclusion.The introduction mainly introduces the reason of the topic selection and the current situation both at home and abroad.On this basis,it leads to the problems in the construction of the people's procuratorate's professional ethics.Text from the following three aspects in detail:The first part of the text introduces lawandthe Establishment of the dominant position of Marxist Mass in the professional ethics of prosecutors,which is divided into three sub-sections.On the basis of summing up the classic writings of Marx and Engels,the basic content of the outlook of mass is extracted,mainly including: the masses of the people are the creators and promoters of social history and shoulduphold the historical subject status of the masses;The people form their own political parties and accept their leadership while proletarian parties can only seek benefits for the masses.Then,the basic connotation and general type of the procuratorate's professional ethics are preliminarily defined.At the same time,the procuratorate's professional ethics refers to the procuratorate's duties which is based on the social relations with other related subjects.Prosecutorial duties should follow the code of conduct,so the professional ethics is defined in the context of social relations.The third part focuses on the establishment of the leading position of the Marxist mass view in the ethics of the people's procuratorial work.This is mainly formed in the process of establishing the political and legal system.People's procuratorates under the leadership of the Party should accept the Marxist mass view because of the special history and environmental factors.In addition,the article introduces the main functions of procuratorial organs during the period of the Shaanxi-Gansu-Ningxia Border Region,the early days of the founding of the people's Republic of China and the new period of socialist construction of the rule of law,as well as how to embody the Marxist outlook on mass in the construction of the people's procuratorate ethics.The significance of this construction is analyzed.The second part of the text focuses on the difficulties and challenges encountered by the People's Procuratorate's professional ethics in the new era.First of all,the article analyzes the main functions of the people's procuratorial organs under the new era,and how to embody the Marxist view of mass in the construction of procuratorate ethics.According to the provisions of our country's existing laws,we can see the dominance of the massist view of Marxism in the process of its professional ethics construction.Secondly,it analyzes in detail the problems that people's procuratorates ethics appear in the concrete practice.On the one hand,because of the impact of the rule of law by formalism,the construction of people's procuratorate's professional ethics deviates from the mass and only focuses on the legal effect and neglects the coordination with the social effect.The concrete manifestation is that some procuratorial personnel in the people's procuratorial work too much emphasis on the efficiency of handling cases and neglect the maintenance of the legitimate rights and interests of the relevant subjects,unilaterally pursuing the legal effects;The legal supervision under the people's procuratorial practice is on the verge of the law,and is exposed to superficial formalization;The People's Procuratorate Law enforcement is rigid and simple,lacks humanistic care.On the other hand,it comes from the challenge of judicial professionalism.It divulges the professional ethics of the people's procuratorate from the society and from the people,ultimately undermining the procuratorial work's credibility.Although judicial professionalization is an irresistible trend in the judicial reform,this kind of unilateral approach cannot avoid corruption that the people in the judicial system cannot tolerate.At the same time,with its external supervision and excluded public opinion lost,judicial operations have caused the judiciary to increasingly lose its social credibility.In short,The inadequacy of the professional ethic of the people's procuratorial work lies in fundamentally deviating from the requirements of the Marxist view of the masses,and not putting the vital interests of the protection of the masses in a prominent position.The third part of the main text is mainly to explore the path of improving the people's procuratorial career ethics under the guidance of Marxist mass view.First of all,it introduce the new development of the Marxist mass outlook in the new era.Its connotation is more abundant and its meaning is more explicit.On this basis,it emphasizes the importance of upholding Marxist mass view in the construction of the people's procuratorate's professional ethics.Secondly,in response to the problems that arise in the second part,the people's procuratorate ethics construction should pay attention to the combination of the outlook of the masses and the rule of law in order to avoid the disadvantages of formal law,to meet the growing needs of the people for fairness,justice and integrity.On the other hand,it emphasizes the correction of judiciary occupation by mass view,and enriches the contents of the ethics of procuratorate ethics from the perspectives of opening procuratorial work and judicature for the people according to the existing problems in reality.Finally,we put forward the corresponding and supporting system for the perfection of the people's procuratorate's professional ethics in order to achieve a high degree of unity between the content and form.Conclusion: The article reaffirms the importance of procuratorial professional ethics and makes a final review and summary of opinions.