Legal professionals are regarded as guardians of fairness and justice in modern society. However, in real life, many legal professionals have abandoned legal professional ethics for various interests or other improper purposes, which directly leads to various misunderstandings about the legal profession itself, thus questioning the authority of the law and even shaking some people's confidence in relevant social systems. The fundamental reason why China legal professionals abandon morality or even ignore the law because of various utilitarianism lies in the lack of spiritual belief in the law. Establishing spiritual belief in law is the basis of legal professional ethics and the urgent task of building a socialist society ruled by law.
Legal professional ethics; Spiritual belief; Legal belief
First, the actual development of legal professional ethics construction in China
Legal professional ethics refers to the general moral norms that judges, prosecutors, lawyers and other personnel engaged in the legal profession should follow. As can be seen from the main composition of the legal profession, the legal profession is the direct executor of the law, and its close relationship with social life not only shows that the actions of the legal profession are related to the vital interests of the people, but also acts as a disseminator of the rule of law in the process of building a society ruled by law.
In view of the role and important position of legal professionals in building a society ruled by law, China attaches great importance to the construction of legal professional ethics. The state has promulgated a number of laws and regulations that comprehensively regulate the legal professional ethics and behavior, such as the Judges Law of People's Republic of China (PRC) and the Basic Code of Professional Ethics for Judges in People's Republic of China (PRC), which have become the basic basis for the professional ethics of judges in China. The Law of the People's Republic of China on Public Prosecutors and the Basic Standards of Public Prosecutors' Professional Ethics (for Trial Implementation) make specific provisions on the professional ethics that public prosecutors should abide by and the disciplinary responsibility for violating these standards. Lawyers Law, Code of Conduct for Lawyers and other laws and regulations also regulate lawyers' professional ethics.
The promulgation of the above-mentioned laws and regulations has effectively restrained the moral behavior of the legal profession in China, promoted the legal profession in China to be more orderly and standardized, and also showed the great progress in the construction of the rule of law in China. However, we should also see that in China's real social life, judicial corruption cases occur from time to time, and unjust, false and wrong cases also occur from time to time. Hidden rules? Phenomena emerge one after another, and some even call it a kind? Rules? It is said that lawyers are not trying to win lawsuits, but to get through relationships. The emergence of these problems shows that while perfecting the relevant legal professional ethics in China, it is difficult for the legal professional ethics itself to be deeply rooted in the hearts of the people. For many legal professionals, legal professional ethics is only a deterrent and binding expression of relevant mandatory provisions in the eyes of legal professionals, and cannot become the personal thoughts of legal professionals. Most of them? Afraid of not being able to do it, rather than not being able to do it yourself? . This kind of legal professional ethics is very fragile, because it is not supported by faith and exists in name only. Second, legal belief is the basis of legal professional ethics (1) An overview of the origin of western legal belief.
As early as ancient Greece and Rome, the concept of legal belief appeared and formed in the spiritual and cultural construction of various laws in western history, such as the revival movement of Roman law in the middle of the twelfth century and the movement of humanists, natural law schools and enlightenment thinkers to further inherit and develop the basic spirit of Roman law.
In these movements, jurists and thinkers put forward? Advocate individual freedom and liberation, people's equality, and oppose and abolish feudal ranks and privileges? And so on, which laid the foundation for the later bourgeois concept of rule of law. See you later, Martin? Who initiated Luther and Calvin? Faith saved? The creed of the Reformation, Max? Weber called it. The spirit of capitalism? Has the Protestant ethical spirit been promoted? Faith? The authority and value of. This belief concept liberated the majority of believers from the hierarchical church system and voluntarily participated in social, political and economic activities under the control of law. At that time, it became a symbol of social authority, contributed to the formation of legal belief concepts in western countries, and further provided a strong spiritual impetus for the concept of rule of law in modern capitalism.
Throughout the formation history of western legal spiritual belief, we can see that westerners' belief in law is closely related to religion. Western idealist worldview holds that the world is divided into the real world and the truth world, and man is a combination of the two, and man returns to the truth world in pursuit of the high development of spirit. Western religious beliefs, even legal beliefs, are mostly based on this. ? Man is not the creator of matter, but the creator of thought. ? The author thinks that idealism is definitely not desirable, but human beings have appeared in the objective material world to a certain extent, and the uniqueness of human beings is their wisdom. Then, the significance of the existence of human wisdom consciousness and the pursuit of the sublimation of human spiritual wisdom should be the development direction of human spiritual civilization, which is also the basis of human being. Of course, the development of material civilization is necessary, but the construction of human spiritual civilization is also very necessary, which has long been proved by the development history of human society. A country only has a sound legal system, and it is difficult to realize the rule of law without the public's belief in the law. (B) On the construction of China's legal belief
China is a socialist country. Under the leadership of the Communist Party of China (CPC), after decades of practice since the founding of the People's Republic of China, Marxism has been proved to be a scientific world outlook and methodology. However, many people have a great misunderstanding of Marxism, especially materialism theory, and think that materialism is the supremacy of material interests, which is of course incorrect. China * * * production party has long proposed that both economic development and spiritual civilization construction should be given consideration to. At present, with the rapid development of China's social economy, some legal professionals can't resist all kinds of temptations in social work and abandon legal professional ethics under the guidance of wrong values. In this case, we must strengthen the correct guidance of their values. The author believes that we should start from all aspects of society, establish the spiritual belief of legal professionals and even the whole society in law, solve the crisis of legal belief in China, and find a supporting foundation for legal professional ethics.
First of all, legal belief belongs to spiritual and cultural aspects. China's * * property party represents the direction of China's advanced culture. The socialist concept of rule of law, the strategy of governing the country according to law, the establishment of legal authority and the supremacy of the constitution put forward by the party and state leaders are all advanced achievements of spiritual civilization. To make the whole society accept this idea, it is necessary to establish a corresponding publicity and education system, and it is best for local judicial organs and grassroots mass organizations to carry out regular legal popularization activities. This will not only let ordinary people know the role and value of law, but also make law a means of relief for all. In the long run, the whole society will gradually show a situation in which everyone knows the law and everyone abides by it.
Secondly, the establishment of legal belief must rely on system construction. This system construction is not only the construction of legal professional ethics, but also the construction of the whole society ruled by law, which puts forward requirements for the legal development of the whole society. It is necessary to strengthen the legislation on the punishment of legal professionals, whether it is the staff of state judicial organs or private lawyers, as long as they violate the relevant professional ethics, they will be severely punished, because legal professionals not only know the law, but also are law enforcers. At the same time, review the legislative work more comprehensively and seriously, carry forward good laws, prohibit bad laws, and establish legal authority. On the one hand, these measures will make legal professionals dare not trample on the law and violate morality. On the other hand, by punishing the illegal acts of legal professionals, we can better reflect the fairness and justice of the law and make the whole society believe in the law more.
Finally, building a socialist society ruled by law, establishing the concept of supremacy of law and establishing spiritual belief in law are consistent with the lofty social ideal pursuit of the China * * * production party and the people of China. It is the highest pursuit of human spirit and truth to build a more powerful and prosperous socialist modern country and realize the great ideal of socialism itself. To achieve this goal, the basic requirements are great material richness and great spiritual improvement. Law is one of the most important achievements of human spiritual civilization. Believing in and abiding by the law, as well as the legal culture and humanistic spirit (including legal professional ethics of course) that accompany the law, are not only the pursuit of the highest ideal of mankind, but also the perfection of mankind. When legal professionals violate legal professional ethics or laws and regulations, it not only desecrates legal authority, but also shows the legal professionals themselves? The human spirit? The loss! This loss of legal spirit is contrary to the development trend of human society and its own thoughts. Of course, the change of ideological level has always been gradual. Under the leadership of the Production Party of China, China's socialist politics, economy and culture are developing vigorously, and social existence determines social consciousness. In the process of China's socialist construction, the legal belief in China's socialist society will gradually take shape.
References:
[1] Harold? j？ Pahlman. Law and religion [M]. Trans. Liang Zhiping. Beijing: China University of Political Science and Law Press, 2003.
[2] Harold? j？ Pahlman. Law and revolution [M]. Trans. He Weifang, Gao Hongjun, Xia Yong and Zhang Zhiming. Beijing: China Encyclopedia Publishing House, 1993.
[3] Xie Jingjing. Analysis of Legal Belief [J]. Journal of Chongqing Academy of Sciences, 20 1 1.09.
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