First, the basic connotation and characteristics of judicial police professional ethics
In our country, the judicial police is an independent police in the current people's police sequence, and it is the police that the national judicial organs undertake specific tasks. The task of the judicial police of the people's court is to prevent, stop and punish illegal and criminal acts that hinder trial activities, maintain trial order and ensure the smooth progress of trial work by exercising their functions and powers. The professional ethics of judicial police in people's courts is determined by the professional nature, responsibilities and tasks of judicial police, and belongs to the professional ethics system of national judicial personnel. Therefore, the basic connotation of judicial police professional ethics should not only meet the requirements of civic morality and other professional ethics, but also reflect the unique characteristics of judicial police professional ethics:
1, the professional ethics of judicial police and people's police are the same in professional nature. Police professional activities are a special field of social life. Compared with other professional activities, police professional activities have special social functions, that is, two basic social functions, namely, enforcing state coercion and safeguarding people's democracy. This particularity requires the people's police to abide by some special moral principles and norms and has special moral quality. The people's police is an armed national organization, which is responsible for the safety management function of social public safety. It has strong organizational discipline and centralized activities. When performing its duties, it often faces more dangerous tests than other professions, which requires the people's police to be brave, selfless and fearless, respond quickly, order it to be banned, and be not afraid of suffering and bloodshed. The judicial police of the people's court shall perform the duties of remanding in custody, watching the court, serving a sentence, executing the death penalty, participating in civil execution, security and handling emergencies, and their professional activities are similar to those of the people's police. This requires the judicial police to have the basic qualities of the people's police, be able to bear great physical and mental pressure, and have the spirit of suffering beyond ordinary people and the courage to overcome difficulties. Reflected in professional ethics, judicial police have special requirements different from other professions.
2. The correlation between the professional ethics of judicial police and the professional ethics of judges. In the people's court, the judge is the main body of the trial work, and undertakes the important mission of judging all kinds of cases and deciding whether to kill or seize. The society requires higher professional ethics of judges. The work of judicial police is to serve the judicial work, which is closely related to the professional environment, working objects, work activities and education level of judges. The judicial police and judges are both in the judicial organs. Although they are in different posts, the ultimate goal of their professional activities is to use judicial power to adjust various social relations. Therefore, maintaining judicial authority, serving judicial work, ensuring judicial justice, improving judicial efficiency and maintaining integrity are the basis of the professional concept of judicial police. The professional concept of judicial police is closely related to the professional concept of judges, and the resulting professional ethics and moral norms are also interlinked. The implementation of professional ethics of judicial police refers to the relevant provisions of the Code, which is based on the requirements of the correlation between judicial police and judges' professional activities.
3. The professional ethics of judicial police is legal, operational and practical in specific content. The professional ethics of judicial police in people's courts is the moral concept and code of conduct to adjust various relations in the professional activities of judicial police. Different from other court administrators, the specific content of judicial police professional ethics is reflected in many cases through relevant laws, regulations, rules, regulations, guidelines and regulations, so it is legal and operable. For example, People's Police Law, Provisional Regulations on Judicial Police of People's Courts, Internal Provisions of Judicial Police of People's Courts, Criminal, Civil and Administrative Procedural Laws, Detailed Rules for Judicial Police in Various Policing Activities, etc. These contents reflect the legitimacy of judicial police's tasks and responsibilities, the operability of working procedures, and the requirements of judicial police's professional ethics. Strictly abide by these laws, regulations and rules, strictly abide by the operating rules of various police activities, and meet the professional ethics requirements of the judicial police. In addition, the professional ethics of judicial police is also summed up from the professional practice of judicial police, which is the standard to evaluate and standardize the professional behavior of judicial police. It makes the judicial police realize what kind of behavior conforms to professional ethics and what kind of behavior does not conform to professional ethics, thus restraining their own behavior. Professional ethics comes from professional practice and should also be used to guide professional practice. In professional activities, the judicial police should consciously put their professional ethics awareness and code of conduct into practice, and keep pace with the times according to the development of the times and social progress, so as to further improve the professional ethics level of the judicial police.
Second, the basic requirements of judicial police professional ethics
The judicial police in people's courts are a special group. It is not only an independent police, but also a department within the people's court; It is necessary not only to provide services and guarantees for the trial work, but also to complete its own professional work and professional training; We should not only contact the parties to the case and the broad masses of the people, but also serve other people in the court. Therefore, the professional ethics of judicial police and judges and other court cadres are not only intrinsically related, but also different in specific content. According to the professional characteristics of the judicial police and referring to the relevant contents of the Professional Ethics of Judges and Police, the professional ethics of the judicial police should meet the following five basic requirements:
First, be loyal to their duties, serve the trial and enforce the law fairly. Any profession has a certain scope of authority and professional requirements, and any profession must be loyal to its duties, which is the most basic and primary requirement for professional ethics. Judicial police is an important part of the organizational system of people's courts, and its position and role are irreplaceable by judges and other court cadres. Judicial police should love this profession, enhance their sense of responsibility and mission, earnestly perform their duties and strictly observe professional ethics. Judicial police is still a high-risk profession, which requires that every bailiff must have the spirit of fearlessness and dedication. The basic duty of judicial police in people's courts is to provide services and guarantees for judicial work. In this sense, serving judicial work should be regarded as the guiding ideology of judicial police work and embodied in professional ethics. Judicial police should have service consciousness and overall situation concept. The main form of judicial police professional activities is to carry out various police affairs according to law and engage in law enforcement activities. Fairness and justice should be the basic idea of professional ethics of judicial police. Being loyal to the Constitution and laws and safeguarding the justice and authority of judicial organs are not only the duty requirements of judicial police, but also the basic requirements of their professional ethics.
The second is to standardize duties, safeguard litigation and pay attention to efficiency. The police work of the judicial police mainly includes detention, court appearance, temporary detention, service of litigation documents, execution of death penalty and assistance in civil execution. Most of these tasks are carried out in accordance with the provisions of relevant procedural laws. Therefore, the judicial police must have a certain legal quality, be familiar with the laws and regulations related to police work, act in strict accordance with the operating rules, be rigorous and meticulous, overcome carelessness and randomness, and form professional qualities and habits. Judicial police have no jurisdiction and decision-making power, and often act according to the instructions of judges when performing their duties. In order to ensure the smooth progress of the trial, the judicial police should fully respect the judge's jurisdiction and decision-making power over the case, and should not express their opinions on the handling of the case at will, let alone disclose the specific case. At the same time, we should pay attention to the coordination and cooperation with the judge in the proceedings, and pay attention to efficiency while ensuring safety when completing the service, remand for retrial, value court and execution, and complete the relevant guarantee work in a timely, effective, prudent and appropriate manner in accordance with the provisions of the procedural law and the requirements of the judge's time arrangement.
Third, strict discipline, obedience to command, unity and cooperation. This basic requirement is determined by the professional characteristics of the judicial police. The judicial police of the people's court is an armed organization, which implements single sequence, formation management and dual leadership. Its organizational management and duty behavior reflect a certain degree of militarization and obvious compulsion, and at the same time, it is also faced with various complex and uncertain emergencies. Therefore, strict discipline, obedience to command, unity and cooperation are particularly important for the judicial police, which is an inevitable requirement for the judicial police to perform their specific duties. This basic requirement is embodied in professional ethics, that is, to have a high sense of handling affairs according to law and a strong sense of organizational discipline, so that orders must be carried out and prohibitions must be stopped; In particular, when performing important police duties or encountering major situations, we must obey the command and do not act without authorization; When dealing with emergencies, we should pay attention to coordination and develop team spirit.
Fourth, pay attention to gfd, be polite to others and facilitate the masses. The judicial police is a profession facing the public, and its professional activities reflect the image of the people's court's style, as well as the judicial police's own cultural literacy and moral standards. In daily policing activities, the judicial police have to deal with the parties to the case, participants in the proceedings and others, and sometimes even encounter some thorny problems. Therefore, when the judicial police are on duty, they should first pay attention to the strict police gfd, dress in accordance with the regulations, wear the police type, alarm number and badge, maintain a good mental state, be dignified in appearance and behave in a civilized manner; When receiving and arranging observers and visitors, we should be modest and enthusiastic, handle affairs cautiously, do our duty to provide necessary convenience for them, and we should not have privileged thoughts to prevent being simple, rude and perfunctory; Even if you encounter some unreasonable people and things, you should be calm, reasonable, disciplined and deal with them according to relevant regulations. When providing services and guarantees for judicial work, the judicial police must fully respect the litigation rights of the parties and other participants, safeguard their human rights and safeguard the fair and civilized image of the people's courts in accordance with the requirements of judicial concepts and relevant regulations.
Fifth, love their jobs, be honest and trustworthy, and be honest and clean. In the people's court, the judge is a desirable profession, and the work of the bailiff is relatively simple and hard, and its development prospects are limited. The judicial police must fully understand the importance of their work, love their profession and post, and be dedicated and conscientious. In the hearts of the people, the police have a sense of trust and security, and the judicial police should cherish it and embody the spirit of honesty and trustworthiness at all times. In order to maintain judicial justice, the judicial police should be as honest as judges and exercise their power correctly in their duties. In extracurricular activities, the public should also avoid reasonable doubts about the integrity of the judicial police, consciously resist interference and corrosion from all sides, be unmoved by money, beauty, human feelings and power, and be spotless and remain uncorrupted.
Third, the significance of strengthening the construction of professional ethics of judicial police
Law enforcement ability is a comprehensive and compound ability. Strengthening the construction of law enforcement ability is an important link to strengthen the construction of the party's ruling ability, an inevitable requirement to safeguard social fairness and justice, and a realistic need to realize the long-term development of the people's court work. Therefore, it is of great significance to strengthen the construction of professional ethics of judicial police to enhance their law enforcement ability.
First, it is an important prerequisite to improve the judicial police's law enforcement ability to improve their professional ethics awareness and abide by their professional ethics standards. To further improve the judicial police's understanding of professional ethics is to help the judicial police understand and master the theory, principles, norms, categories, qualities and accomplishments of professional ethics, realize the leap from ignorance to knowledge, from one-sided to comprehensive, from wrong to correct, improve the judicial police's ability to distinguish good from evil and choose behaviors, and enhance the judicial police's consciousness and initiative in fulfilling their professional ethics obligations. Abiding by the professional ethics of judicial police refers to the good code of conduct that judicial police should generally follow. At present, this kind of kindness is based on facts, taking the law as the criterion, profoundly grasping the regularity of judicial work and realizing the purpose of judicial work.
Improving the professional ethics consciousness of judicial police and observing the professional ethics norms of judicial police are two aspects of the same problem. It is an enlightening and directional work, and it is also the starting point of strengthening the professional ethics construction of judicial police and the premise of improving the law enforcement ability of judicial police. According to the normative summary of the Code, its basic contents are six aspects: ensuring judicial justice, improving judicial efficiency, maintaining honesty, observing judicial etiquette, strengthening self-cultivation and restraining extracurricular activities.
The second is to cultivate the professional moral feelings of the judicial police and fulfill their professional responsibilities, which is the logical starting point for improving the judicial ability of the judicial police. The professional responsibility of the judicial police and the professional ethics of the judicial police are mutually infiltrated. Professional responsibility is to stipulate the work content, quantity and quality of the people's judicial police from the task, and professional ethics is to stipulate what kind of feelings and behaviors the people's judicial police should have in dealing with their work from the social morality. The presence or absence of professional moral emotion of judicial police often shows the strength and size of a judicial police's professional responsibility. The judicial police must be required to perform their professional duties of cracking down, standardizing and protecting with a high degree of consciousness and responsibility. Only by working hard and doing your duty can we improve our ability and make a difference.
Third, tempering the judicial police's professional moral will and strictly observing professional discipline are powerful guarantees to enhance the judicial police's law enforcement ability. Abiding by professional ethics is the highest standard of discipline. Strict professional discipline is the minimum moral requirement. Strict discipline and strong will are not only the inevitable requirements of serious law enforcement, fair handling of cases and purity of the judicial police force, but also an important aspect of strengthening the professional ethics construction of the judicial police and an important guarantee for enhancing the law enforcement ability of the judicial police.
The professional discipline of judicial police is mandatory and normative, which is embodied in organizational discipline, judicial discipline and financial discipline. Although discipline is a very plain word, a judicial policeman who forgets professional discipline may be a judicial policeman with depressed moral will, and there will often be problems of one kind or another. Therefore, it is no small matter to be late for work and leave early, have tea with the parties, eat and other disciplinary incidents. We should pay attention to the moral will of the judicial police and the construction of the disciplinary restraint mechanism, conscientiously implement the Supreme People's Court's Several Opinions on Implementing the Outline of Establishing and Perfecting the System of Punishing and Preventing Corruption with Equal Attention to Education, System and Supervision, and strictly implement the Measures for Investigating the Responsibility of Judges in People's Courts for Illegal Trials (Trial) and the Measures for Disciplinary Measures of People's Courts. As judicial police, we must abide by the law. Keep state secrets and judicial secrets, do not invite guests to dinner, do not accept gifts, do not intercede for the parties, consciously resist and eliminate all kinds of complaints, criticisms, obstacles and threats from all sides, do not succumb to power, do not be confused by fame and fortune, do not be confused by interests, do not be confused by feelings, and always be enthusiastic, persevering, conscientious and forbidden. Strengthen discipline, the revolution is invincible; Perseverance, the stone can be carved. These words are still very applicable to the construction of professional ethics and the improvement of law enforcement ability of judicial police today.
Fourthly, strengthening the construction of professional ethics and establishing professional ideals of judicial police is an important core to strengthen the construction of judicial capacity of judicial police. The professional ethics belief and ideal of the judicial police are the ideological basis, spiritual pillar and direction of the professional ethics behavior of the judicial police. An important content of judicial police's law enforcement ability is judicial concept. The lack of ideas, the vacillation of beliefs, the disillusionment of ideals, the collapse of pillars and the loss of direction often lead to the serious consequences of the decline of professional ethics and the decline of law enforcement ability. Without ideals and beliefs, there will be no cohesion and combat effectiveness, and there will be nothing. Therefore, carrying out the education of ideals and beliefs in depth is the central link to strengthen the professional ethics construction of the judicial police, and also the core content to enhance the judicial ability of the judicial police.
We should always keep in mind the working purpose of justice for the people and always focus on the theme of fairness and efficiency. On the one hand, we should carry out in-depth education of professional ideals and beliefs of judicial police, on the other hand, we should strive to strengthen the self-professional ethics construction of judicial police. In education and self-education, we should unite people's hearts, inspire fighting spirit, strengthen our faith, pursue our ideals, strive to establish a scientific world outlook, outlook on life and values, firmly build a psychological defense line against all kinds of fallacies and decadent ideas, and fully stimulate the sense of professional mission, pride and honor of judicial police.
Fifth, cultivating the professional ethics habits of the judicial police and improving the professional skills of the judicial police are the fundamental signs of enhancing the judicial police's law enforcement ability. Judging from the law enforcement ability of the judicial police, it is of symbolic significance for the people's judicial police to control the safety of court trials, skillfully use the law and respond to emergencies. The improvement of skills is an important condition and means for the formation of moral habits, and the cultivation of moral habits is the goal and destination of the professional ethics construction of judicial police.
To construct the professional ethics of judicial police and improve the law enforcement ability, we must develop professional ethics habits and go through such a process repeatedly: correct moral understanding, practical moral behavior and good working and living habits. Therefore, the formation of moral habits is also a process in which the judicial police of the people's courts constantly improve their professional skills and enhance their law enforcement ability.
Sharp tools can do a good job. It is the result of practice and research that pemphigus can easily solve cattle. Now is the era of knowledge frenzy and lifelong learning. If you don't study hard, you will fall behind, and you will gradually lose the advanced nature of judicial police and the lofty status of professional judicial police. As a judicial police, we should be self-pressured, be brave to be the first, be diligent in learning and be good at using. Excellent legal knowledge, superb professional ability and rich law enforcement experience can only be obtained through practice and hard study. Learn not only from books, but also from practice; We should not only make progress in summing up successful cases, but also make progress in drawing lessons from failures. We should strive to be proficient in business, practice makes perfect, and understand the knowledge of socialist market economy, modern science and technology and other knowledge closely related to the work of judicial police. Broad-minded, able to accurately grasp the legislative spirit and skillfully use legal knowledge; Have the ability to handle all kinds of complex incidents, and provide safe, efficient and high-quality police protection for court trials and court work.
Fourthly, ways to strengthen the professional ethics construction of judicial police.
First, we should strengthen the self-discipline and initiative of these two tasks. In the construction of professional ethics of judicial police, we should continue to prevent and correct the wrong idea of positioning it in a subordinate position, prevent and correct the wrong phenomenon of separating it from the work of judicial police, and prevent and correct the wrong behavior of ignoring it with one hand and one hand. In the work of strengthening law enforcement ability, in the face of increasingly complex law enforcement environment and increasingly heavy law enforcement work, we must overcome the negative emotions of muddling along and the fear of detours. Establish and improve the unified leadership of the party group, the extensive participation of the judicial police, and the promotion of the whole society. Efforts should be made to improve the incentive mechanism and assessment mechanism of these two jobs, strengthen the moral fashion of self-education, self-restraint, self-reflection, self-criticism, self-reform and self-improvement of the judicial police and the spirit of hard study, and form a joint restraint mechanism of self-discipline and heteronomy, initiative and passivity, internal motivation and external pressure. We should adopt a variety of working methods, such as theoretical study, professional training, demonstration and guidance, and striving for Excellence. We should fully understand and cultivate the self-discipline and initiative of the judicial police, and carry out education, training, management and supervision at a high starting point and with high standards. We should vigorously advocate and cultivate the good mental state of the judicial police, so that they can always remain vigorous, energetic and upright.
Second, we should improve the demonstration and typicality of these two tasks. It has always been our fine tradition and important way to give play to the leading role of advanced models and party member cadres. Therefore, efforts should be made to explore, summarize and publicize advanced models of different types, levels, periods and places that are amiable, respectable and learnable, resolutely oppose and abandon abstract argumentation and empty preaching, give full play to the exemplary leading role of party member cadres, and create a strong atmosphere of advocating, learning and striving to be advanced in the court system. For example, when we study Song Yushui's advanced deeds at present, we should focus on her professional ethics of being honest and indifferent to fame and fortune, as well as her judicial ability of distinguishing laws, reasoning and winning or losing.
Third, we should pay attention to the effectiveness and effect of these two tasks. Generalization and dabbling are the easiest and most taboo issues in ideological and political work and law enforcement capacity building. Therefore, in the construction of professional ethics of judicial police, we must first adhere to the principles of being reasonable, doing practical things and doing good deeds, convincing people with reason and emotion, and solving the practical difficulties and problems of judicial police to the maximum extent. By solving practical problems, ideological education is carried out to improve the spiritual realm. As long as the policy conditions permit, what can be solved will be solved as soon as possible, and the tangible benefits will be sent to the hearts of the vast number of judicial police; If it can't be solved temporarily, we should also make it clear and strive for maximum understanding. We should dare to face practical difficulties and problems, be good at mobilizing the enthusiasm of ordinary police officers and protecting the self-motivation of young judicial police, do more practical things that warm, stabilize and win people's hearts, such as going to school for employment and seeking medical treatment, and stress the spring breeze and rain and dew, so as to make the professional ethics construction of judicial police change from virtual to real. Secondly, it is necessary to strengthen the pertinence of the work in all aspects of the above-mentioned judicial police professional ethics construction, and analyze the specific problems in detail, which should be seen in practice rather than on paper. We can't mechanically give preference to one another step by step in a certain order, artificially favor one over the other or use equal force, but we should be selective and focused, and do it synchronously and repeatedly. It is necessary to correctly understand the dialectical relationship between quantitative change and qualitative change, overcome a successful impatience, and establish the dialectical thought of accumulating goodness into virtue.