The connotation and characteristics of procuratorial professional ethics

No professional ethics can exist alone without the person who performs his duties, so procuratorial professional ethics is actually the professional ethics of prosecutors. Prosecutor's professional ethics is the code of conduct and moral quality that prosecutors should follow in the process of exercising procuratorial power, performing procuratorial duties or engaging in various social activities. It is the concentrated expression of prosecutors' professional beliefs, attitudes, disciplines and styles, the special requirements for prosecutors' professional characteristics and nature, and an organic part of legal professional ethics.

In September, 29, the Supreme People's Procuratorate passed the Basic Code of Public Prosecutors' Professional Ethics (Trial), which summarized the connotation of public prosecutors' professional ethics as "loyalty, fairness, incorruptibility and civilization". Loyalty is the essential requirement of public prosecutors' professional ethics and the necessary political quality of public prosecutors. Justice is the core content of prosecutors' professional ethics and the fundamental value pursuit of prosecutors. Incorruptibility is the inherent requirement of public prosecutors' professional ethics and the proper personality of public prosecutors. Civilization is the proper meaning of prosecutors' professional ethics and an important disciplinary requirement for prosecutors.

I. the connotation of procuratorial professional ethics

loyalty is a lofty ideological realm and moral standard. Loyalty, as an ancient and often new proposition, is a unique cultural phenomenon of human beings, which bears the dual functions of value requirements and evaluation criteria. From ancient times to the present, loyalty has undergone profound changes from the loyalty requirement of identity subordination to the loyalty requirement of contract consciousness, and from blind loyalty to rational loyalty. Any era, any country and nation has clear requirements for loyalty. At the present stage of our country, the connotation of loyalty includes: loyalty to the party, loyalty to the country, loyalty to the people, loyalty to the law, loyalty to the people's procuratorate. These five aspects are inseparable unity. Loyalty to the Party is the political premise, loyalty to the country is the legal obligation, loyalty to the people is the fundamental destination, loyalty to the law is the essential requirement, and loyalty to the people's procuratorate is the duty. Loyalty is the cornerstone of procuratorial professional ethics and the political character that prosecutors must adhere to.

Justice is the soul and the highest value pursuit of judicial work, and it is also the core content of prosecutors' professional ethics. Justice means advocating the rule of law, exercising legal supervision independently according to law, upholding equality before the law, and consciously safeguarding procedural justice and substantive justice. Justice is one of the four official virtues in ancient China. Guan Zhong put forward: Being a monarch is just and selfless. Xunzi also said: the public is born bright, but the public is born dark. John Rawls, a master of western justice theory, clearly pointed out at the beginning of A Theory of Justice: "Justice is the first virtue of social system, just as truth is the first virtue of knowledge." There is a famous saying in western legal circles, "For justice, even if the sky were to fall", which is the best interpretation of the principle of upholding justice. In procuratorial work, prosecutors should adhere to the principle of equality before the law, treat all citizens equally, oppose privileges and prohibit discrimination. We should pay attention to both substantive justice and procedural justice. At the same time, prosecutors have the constitutional obligation and moral responsibility to respect and protect human rights, establish the concept of paying equal attention to punishing crimes and protecting human rights, strictly abide by legal procedures, and protect rights throughout law enforcement and handling cases.

Incorruptibility is innocence, which means that people are upright, honest and selfless, self-denying, not corrupt, extravagant and wasteful, not bribing, not profiting from power, and taking bribes and perverting the law. As a moral quality, incorruptibility is always combined with bureaucracy and rule of law. It is a quality that people with "public rights" must have. It has always been a basic moral requirement for officials and a fundamental barrier to stick to other moral qualities. The connotation of incorruptibility requires that prosecutors should not seek profits from power and bending the law in the process of exercising their functions and powers, and it is strictly forbidden to abolish the law because of power. They should strictly limit their off-duty activities, strictly demand their close relatives, always maintain a healthy and upward lifestyle and maintain good ethics.

Civilization is the professional ethics that prosecutors should follow, and it is also a good law enforcement image that prosecutors should display. Civilization, as the professional ethics of prosecutors, is the inevitable requirement of social and political civilization, the procuratorial practice of social and judicial civilization, and the new requirements and expectations of the people for prosecutors under the new situation. Procurators' civilized law enforcement, being modest and prudent, not playing with privileges and being polite to others, will help to establish a good image of law enforcement and highlight procuratorial justice, thus winning the trust, respect and support of the people. The moral connotation of civilization requires first of all to be civilized in concept and to establish correct and advanced ideas and values to guide prosecutors in law enforcement and case handling. Secondly, the behavior should be civilized, the law enforcement behavior should conform to legal procedures, and the behavior should conform to etiquette norms. Third, we must have a civilized style of work, enforce the law with heart, and serve the people wholeheartedly. Fourth, the language should be civilized, and the language should conform to language norms, legal norms, healthy content, social professional ethics and socialist concept of rule of law.

Second, the characteristics of the prosecutor's professional ethics

Compared with the general judicial profession, the prosecutor's profession is special, so is its professional ethics:

First, it is of great responsibility. Power is directly proportional to duty. The greater the power, the greater the responsibility or responsibility. National laws give prosecutors special powers, and prosecutors must bear greater responsibilities. Whether prosecutors strictly abide by professional ethics is related to the unity and dignity of the national legal system, to judicial justice and the vital interests of the people, and to social stability and national security. Therefore, compared with the general professional ethics, the prosecutor's professional ethics has greater responsibility.

the second is a unique demonstration. As far as the procuratorial organ is concerned, because the law locates it as a legal supervision organ and brings the law enforcement of judicial organs, investigation organs and execution organs into the scope of supervision, it also has to supervise the criminal acts of all state organs, groups, enterprises, institutions and individuals, which has greater social influence, stronger politics and more prominent demonstration role. Prosecutors' professional ethics should be more special than general professional ethics.

thirdly, it is more mandatory. The nature of legal supervision workers determines that the profession of prosecutors has strict legality, clear standardization, specific professionalism, rigorous procedure and national authority. The Public Prosecutor Law and other legal provisions have promoted the professional ethics of public prosecutors from moral norms to legal norms, and thus the professional ethics of public prosecutors has dual attributes of morality and legal provisions. Failure to abide by the professional ethics of prosecutors will be tolerated by procuratorial discipline and subject to disciplinary action.

fourthly, it is more practical. The formulation of prosecutors' professional ethics accurately reflects the characteristics of procuratorial profession, fully studies various problems that may occur in the operation of procuratorial power, and thus puts forward clear, specific and timely moral requirements, which reflect the connotation and extension of prosecutors' professional ethics as scientifically and comprehensively as possible, with strong pertinence and vitality, and is concise, clear, easy to understand and recite, which is more conducive to compliance and implementation. ;