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What qualities should a judge possess —— Experience of learning the deeds of Song Yushui, a pioneer of the times
Fair justice is the concrete embodiment of the party's advanced nature in the judicial field. Song Yushui, a judge of Haidian District People's Court, was identified by the central authorities as an advanced model in the educational activities to maintain the advanced nature of Communist party member. During this time, according to the requirements of the Intermediate People's Court and our hospital, I carefully studied the advanced deeds of Song Rushui and was deeply impressed by her. I think she is the professional judge that we hope and strive to train. Vigorously promoting the professionalization of judges, realizing the transformation of the ranks of judges from quantitative expansion to paying more attention to quality improvement, and cultivating and bringing up a team of high-quality professional judges with overall concept, excellent ideological style, good professional ethics and profound professional skills are urgent tasks facing the deep-seated reform of the people's courts. Song fish water has all kinds of seemingly universal but rare qualities and abilities. Her success shows that a high-quality judge should have high judicial character and strong professional ability. A judge who can skillfully "analyze the law" and let the parties "win or lose" should at least have the following qualities: First, a firm legal belief and a profound legal foundation. Judges must have firm legal beliefs and sincerely advocate the law. As Boehlmann pointed out, laws can only be effectively observed if they are believed. The concepts of rule of law, justice, human rights, etc., which are deeply buried in the deep heart and constantly affect one's thinking and behavior, are indispensable for a judge. This is a unique way of legal thinking. Song Rushui can always regard people's interests above everything else, be loyal to the law, and handle cases fairly on a fair scale, which should be said to be inseparable from her firm legal belief. Not only that, a well-known judge should also have a deep legal foundation. Judges should have a profound theoretical foundation of law and be familiar with legal norms, which is the basic professional requirement of judges. In most countries, judges are regarded as people with lofty status and great wisdom in the field of law and jurisprudence, and many judges are well-known jurists and have written a lot. Without a solid and systematic legal theoretical foundation, it is difficult for judges to understand the legislative intention of applying the law, make a correct judgment on the case and make a legal interpretation of the judgment. Song Yushui graduated from the Law Department of Renmin University of China, and four years of systematic study laid a solid foundation for her future development. In order to develop herself better and improve herself, she went to Renmin University to study for a master's degree in law again on 1996. In 200 1 year, she was sent to the Netherlands for further study. This enables her to stand at the forefront of academics and think about various legal issues. She is equally diligent in her work. In order to properly handle difficult cases, she consulted everywhere with case materials: senior judges in the college, former classmates, teachers in the law department, and libraries. I have always believed that whether a person can enter a walled university depends on many factors, sometimes it can be said to be coincidence, but whether a person wants to study or not is the key. Some colleagues in our hospital, such as Ding, Gu Fengqi, Shao Boxin, did not have the opportunity to go to college when they were young, but their business in the court was excellent because they were eager to learn. If the younger generation of judges do not have excellent legal skills, it will be difficult to make a difference in their posts in the future. The introduction of Song Yushui by the Central Committee undoubtedly shows us that the times need a judge who is knowledgeable, expert and scholar. Two, a certain professional accumulation and strong judicial level, legal professional knowledge and judicial experience, is an important feature of the formation of judges' specific professional tradition. Judges must have some judicial experience. Just as people can't walk when they are born, no one can be excellent as soon as they enter the work. Of course, people with good understanding will get into the role faster. Song Yushui handled the case independently 1 1 year. First worked in the Economic Court, then in the Intellectual Property Court, and worked as a clerk, judge, vice president and president. These trial experiences are necessary for a professional judge. We should not only experience practice, but also work hard. I think it is also very important to be good at summing up, constantly learning and improving in my work, and strive to achieve my own leap and breakthrough. To succeed in your career, you must concentrate and persevere. For decision-makers, we should attach importance to and be good at training professional judges, put young comrades in the front line of trials or even in many positions, pay close attention to them at all times, water their growth, supplement nutrients, and prevent and treat diseases. Judicial practice is the real cradle of professional judges, and talents should be cultivated in trial practice. The judicial level of judges is very important to the trial work. Song Yushui's trial level and ability to make judgment documents are recognized in the industry and are the basic skills of judges. But for me, what I appreciate most is her emphasis on mediation and her mediation level. She always has the ability to make the two sides who were glaring and full of gunpowder reach a mediation agreement calmly. Every word she said in mediation always touched the client deeply, just like the spring breeze flowing from her face and the clear spring flowing in her heart. Mediation is an important part of the judicial system in China. Mediation is an art, and the skills and knowledge of mediation are even more difficult to master than judgment. I think the mediation level is the embodiment of the comprehensive quality of judges. Song Yushui attaches importance to and is good at mediation. Through her mediation, the cost paid by the court and the parties is minimal, and the interests of the society and the parties are maximized, which is a realm of her career. Building a harmonious society is an important task to strengthen the construction of the party's ruling ability in the new period. As a national judicial organ under the leadership of the Party, people's courts play a vital role in building a harmonious society. We should learn from Song Yushui, further strengthen litigation mediation in trial work, especially in civil trial work, properly coordinate various interests, resolve various contradictions and disputes, maintain social stability and provide strong judicial guarantee for building a harmonious society through fair and efficient judicial activities. Three. What is the most important quality in a judge's career? There is no doubt that justice is the courage and determination to achieve justice. Lord Denning of England has repeatedly stated his position in his career as a judge: in order to achieve justice, even if the sky falls. Justice is the core of judges' professional ethics. "The ideal judge is the embodiment of justice." A judge should have the ideal and conscience to pursue justice, and should not bring personal hobbies, hatred and prejudice into the process of performing his duties. Song Yushui said, "As a judge, I am very concerned about the joys and sorrows of the parties and their evaluation of the trial work. I often reflect on whether the parties feel fair from the first time I met them to the time I got the verdict and left the court. This question often makes me toss and turn. " From her simple and authentic words, I feel her pursuit of justice, persistence and enthusiasm. I also saw this in the reports about her deeds. She is not indifferent to feelings, but before the law, both relatives and villagers should be silent and say hello without feelings, which will not affect judicial justice. She said: "I have to be stricter with myself because there are hundreds of millions of people watching behind me." Therefore, none of the civil and commercial cases she tried were unfair, and none were complained or reported. Song Yushui's deeds show that the party's advanced nature is first manifested in fair justice in the judicial field. As a judge in party member, he should play a vanguard and exemplary role in judicial work and consistently adhere to fair law enforcement. Honesty is the second core of judges' professional ethics. The ancients said, "The sun is not cheap or dirty." ("Chu Ci"). Evocation, Wang Yi's note) Don't accept bribes, don't accept things that don't belong to you; No pollution means no greed, no ambition and no stain. As a judge, we must also put forward strict requirements for "self-discipline" and "abstinence from corruption", so as to be innocent, uncorrupted and upright. The justice and authority of a judge depend largely on honesty. If you can't resist the temptation of money and interests, and you can't guarantee the fair performance of judicial duties, you will inevitably abuse power for personal gain and pervert the law, which will damage judicial credibility and social fairness and justice. Song Yushui strictly abides by the judge's professional ethics and is firm, honest and self-disciplined, which makes her impartial in the trial work and allows the parties to "win and lose". A just judge must be an honest judge. Fourth, generous humanistic literacy and higher professional literacy Judges should have generous humanistic literacy and become "everyone" in the legal field. A person's humanistic quality is the rich foundation of his knowledge and ability, which restricts his development potential, comprehensive quality and ability improvement. Without generous humanistic quality, it is difficult to skillfully use legal knowledge to solve practical problems, and it is difficult for the public to give them enough respect and dependence. They can only be skilled craftsmen and skilled "operators" at most. Trial work is a technical, theoretical and scientific work. The judgment and application of evidence, the identification of facts, the understanding and application of law, and the legal concepts, rules and methodology running through it should be based on certain cultural literacy. Judges should have extensive knowledge of humanities, social sciences and natural sciences. When all kinds of information come to him, he can choose, analyze and judge more freely, and be skilled and comfortable. Judges should have relevant professional skills, including insight, analytical judgment, logical thinking, writing, research and summary, etc. These abilities are the result of the combined action of talent, study and practice, and are the decisive factors for the professional achievements and influence of professional judges. Only a judge with noble character can correctly understand and apply the law. The cultivation of professional quality is the essence of justice of law and the requirement of using law to maintain justice technology; Moral quality is the guarantee for the normal operation of law as a technology. Mencius said: "It is not enough to be good for politics, and it is not up to you to be good. Therefore, the benevolent should be high. "The judge's profession is special. Being engaged in this profession for a long time has personality characteristics different from ordinary people in psychology, character and behavior. Song Yushui's life tells us that honesty, kindness and kindness, which are respected by people, can make the law more powerful, and handling cases according to law and improving moral standards complement each other. Judges should be honest people. Zhou Dunyi, a famous neo-Confucian in Song Dynasty, said that honesty is "the foundation of the five permanent members and the source of all things". Confucius said, "People without faith don't know what they can do"; Judges should treat people equally, pay attention to treating both parties equally, and use civilized and standardized language; Judges should be patient. Listening is a kind of respect for the parties. Song Yushui can always listen to the statements of the parties patiently, let the parties speak freely, pour out the bitter water, and then follow the lead, distinguish the rules and analyze the reasons; A judge should be able to bear loneliness. There is an English proverb called "God and judges should not make friends", that is to say, judges should maintain a certain degree of "loneliness" in social interaction and cannot be public relations figures, otherwise they will be troubled by human feelings, and the law enforcement will inevitably be unfair and damage the image of judges. Moreover, "being diligent and lazy" wastes too much time in social activities, and it is difficult to have time to study law; Judges should be kind. As Song Yushui said, a judge will have a deeper understanding of justice if he has the basic quality of kindness. Judges should be cautious. Be careful what you say and do in daily life, use standardized, accurate and civilized language carefully in trial activities, do not express your position rashly, and avoid randomness and tendentiousness. In a word, the times need judges in Yushui, Song Like to have generous humanistic quality and high professional quality, which also affects the judicial level. I think Song Yushui's advanced deeds have great inspiration for a producer who is engaged in trial to maintain the advanced nature of party member. Every judge should strive to become a high-quality judge in Yushui, Song Like, and constantly improve his professional level, professional ability and professional ethics. At the same time, we should establish lofty career ideals and the awareness of lifelong learning. We should learn from Song Yushui, put full enthusiasm into the cause of trial, let the fiery youth bloom in the sacred post, and strive to become an excellent party member worthy of the great era.