(1) Judges must act in strict accordance with the law and safeguard legal authority. To "act in strict accordance with the law" means to maintain the seriousness of the law, the stability of the legislation and the authority of the judiciary in accordance with the requirements of legislation, and to embody the "guardian" spirit of acting in strict accordance with the law. Judges are not allowed to cross the line, to be unconventional, to solo, or even to think paramore. Law is actually a rule and a code of conduct for all members of society, and all members' behaviors must conform to this code. After the dispute arises, the judge's judgment as a referee can only be based on this code, and only in this way can the justice of the law be demonstrated.
(2) Judges must uphold justice for the people. The concept of socialist rule of law and justice for the people are dialectical unity. 1, the socialist concept of rule of law is the theoretical support for the implementation of justice for the people. The formation and development of any system need the guidance of ideas. The concept of justice for the people is the goal and pursuit of judicial practice in China at present, which is formed under the support of the socialist concept of rule of law. Without the guidance of the socialist concept of rule of law, the concrete implementation of justice for the people may lose its direction or become a mere formality. 2. Justice for the people is the embodiment and goal of the socialist concept of rule of law in judicial practice. Justice for the people is not a part of the connotation of the socialist concept of rule of law, but a concrete embodiment of the socialist concept of rule of law in judicial practice. Xiao Yang said that justice for the people is not just a simple slogan, it is realized through fair, efficient and civilized judicial activities, and must be implemented in the trial process of protecting people, cracking down on crimes, sanctioning violations, resolving disputes and resolving contradictions. 3. Justice expands the socialist concept of rule of law for the people. In judicial practice, the emergence of new types and difficult cases requires judges to use the concept of socialist rule of law to conduct trials from the perspective of justice for the people. In this process, it enriches and expands the socialist concept of rule of law and embodies the extension of the concept.
(3) Judges must adhere to judicial justice. Justice is the first attribute of justice. Without justice, justice will lose its value. Justice in the modern sense has two meanings: fairness and justice. Fairness requires the court to remain fair and neutral in judicial activities, and to ensure that all parties in litigation exercise their rights equally. Justice requires judicial activities to pursue science and truth, get rid of evil and reaction, and realize civilization. The court has become the most respected organ in society because it represents justice. As the ultimate judge of society, the court is also the ultimate defender of social fairness and justice, and the last "line of defense" for handling cases and resolving disputes. The public needs justice and expects justice, which is one of the driving forces of court trial work. Otherwise, disputes between citizens or legal persons can be resolved by themselves, and there is no need to spend manpower and material resources on court proceedings. The Basic Code of Judges' Professional Ethics puts "ensuring judicial justice" in the first place, which shows the importance of judicial justice.
As judicial personnel, judges exercise the public power of the country, and their soul lies in justice. In the process of exercising judicial power, judges should be fair, just, reasonable and orderly, from subject to object, from content to form, from procedure to entity. Therefore, building an efficient, honest and professional team of judges is the core of maintaining legal authority and ensuring judicial justice.
(d) Judges must have a sense of the overall situation. Some judges think that as judges, it is enough to handle cases strictly according to law. In fact, this concept is one-sided. Just like everything is relative, "handling cases strictly according to law" will have different understandings, because there is a problem of legal understanding and legal interpretation. Speaking of the overall situation depends on whether we understand the law under the guidance of correct political principles and meet the requirements of the overall situation. Throughout the laws of our country, there is not a law that is not formulated by the party under the leadership of the people. Law is the embodiment of the highest will and interests of the people concentrated by the party. Every law has its historical and political background and obvious political tendency. This is a principle. The judicial activities of the people's courts cannot simply apply the law mechanically, handle cases in isolation, blindly emphasize judicial independence and political neutrality, and ignore national interests and the overall situation, which runs counter to the functions of the people's judiciary. The court staff should firmly establish the overall situation consciousness, that is, they should stress politics, party spirit, have the overall situation in mind, correctly handle the relationship between serving the overall situation and basing themselves on their own work, overcome the simple business concept, and strive to pursue the unity of legal effect and social effect in the process of law enforcement, instead of being like a mechanic on an assembly line, everything will be fine when the workload is completed.
(5) Judges must adhere to the leadership of the Party. In China, court judges should firmly adhere to the party's leadership, and the trial cause is an important part of the party's cause, and the court trial work cannot be separated from the party's leadership. Only by closely relying on the leadership of the party can the court work adhere to the correct direction and keep pace with the times. Judicial work is a part of the work of the party and the state. Adhering to the Party's leadership over the work of the courts is the fundamental guarantee for the people's courts to correctly implement the Constitution and laws, adhere to the correct political direction, and exercise judicial power independently and impartially according to law. Independent trial according to law and upholding the party's leadership are unified and consistent, not antagonistic and contradictory. The party's leadership over the work of the court is mainly the leadership of the line, principles and policies, rather than interfering with the independent trial of judges according to law, replacing or directing judges to handle specific cases. Court judges independently exercise judicial power according to law, not divorced from the leadership of the party, but must uphold the leadership of the party and guide the trial work with the concept of socialist legal system.
Second, the trial value of the judge's concept of rule of law
The so-called "judge's concept of rule of law" simply refers to the judge's concept of trial, that is, the judge's understanding and belief in how to try a case, or it is called the judge's trial values. In judicial trials, judges' concept of rule of law is everywhere. What kind of concept of rule of law a judge has will produce what kind of trial style and get the corresponding trial results. The judge's trial mode will lead to the formation of the concept of rule of law.
When handling a case, every judge will show his concept of rule of law by exercising judicial power according to his understanding of the legal system, trial system and litigation system, the essence of law, the concept of society and even the understanding of good and evil of human nature. In our country, judges are people's judges, and the concept of rule of law expressed by judges through exercising judicial power should be the concept of trial value that represents the interests of the people and serves the people wholeheartedly. According to the laws and characteristics of trial work, judges should establish the concept of rule of law in line with China's national conditions and local realities, and ensure that all trial work develops in the right direction. In the new era, the CPC Central Committee with General Secretary Hu Jintao put forward the proposition of socialist concept of rule of law on the basis of earnestly summing up the practical experience of rule of law construction in China and drawing lessons from the achievements of world civilization of rule of law. This indicates that our party has a deeper understanding and grasp of the law of building a country ruled by law in Socialism with Chinese characteristics and the ruling law of the party, further points out the direction of developing the trial cause of people's courts, and enriches the connotation of judges' concept of rule by law, that is, judges in people's courts at all levels should establish a socialist concept of rule by law.
The socialist concept of rule of law that judges should establish must be the most advanced concept of trial value, and must be the trial understanding and belief that truly meets the interests and needs of the broad masses of the people. Combining the education of "eight honors and eight disgraces" of the socialist concept of honor and disgrace and the practice of special rectification of "standardizing judicial behavior and promoting judicial justice", it is understood that the basic connotation of the socialist concept of rule of law that judges should establish is "ruling the country according to law, enforcing the law for the people, being fair and just, serving the overall situation and leading the party". Governing the country according to law is the core content of socialist rule of law, law enforcement for the people is the essential requirement of socialist rule of law, fairness and justice are the value pursuit of socialist rule of law, serving the overall situation is the important mission of socialist rule of law, and party leadership is the fundamental guarantee of socialist rule of law. These five aspects complement each other and embody the organic unity of the party's leadership, the people being the masters of the country and governing the country according to law. The majority of judges should fully and accurately understand the essential requirements and profound connotation of the socialist concept of rule of law. First, firmly establish the concept of governing the country according to law and safeguard the authority of the Constitution and laws. Second, we must firmly establish the concept of law enforcement for the people and safeguard the fundamental interests of the overwhelming majority of the people according to law. Third, we must firmly establish the concept of fair and just trial and constantly improve our ability to maintain social fairness and justice. Fourth, we must firmly establish the concept of serving the overall situation and promote comprehensive and coordinated economic and social development. Fifth, we must firmly establish the concept of the party leading the trial and always uphold the party's absolute leadership over the work of the court. At present, the education on the concept of socialist rule of law that the court system is carrying out in depth is to arm every judge's mind with the concept of socialist rule of law and ensure that the judges of the people's courts will always be loyal to the party, the country, the people and the law. Only by firmly establishing the socialist concept of rule of law, striving to be a strong promoter of ruling the country according to law, a strong defender of fairness and justice, a model executor serving the overall situation, and a strong defender of the party's authority, and consciously insisting on guiding trial practice with the socialist concept of rule of law, can judges do a good job in various trials, ensure the further healthy development of the trial cause of the people's courts, enhance their ability to safeguard the socialist rule of law and protect the legitimate rights and interests of the people, and fulfill the sacred duties entrusted to judges by the party and the people.
Third, judges must establish a correct concept of the rule of law.
Judges should establish a correct concept of the rule of law, which should not only be guided by the macro concept of the rule of law, but also pay attention to the compliance with the micro-judicial concept, and at the same time pay attention to the proper grasp of principles.
1, firmly establish the socialist concept of rule of law. Through in-depth study and education activities, we should fully and accurately understand the essence and profound connotation of the socialist concept of rule of law, and consciously implement the basic spirit of the socialist concept of rule of law in judicial work, such as "ruling the country according to law, enforcing law for the people, fairness and justice, serving the overall situation, and leading the party". Governing the country according to law is the core content of socialist rule of law, law enforcement for the people is the essential requirement of socialist rule of law, fairness and justice are the value pursuit of socialist rule of law, serving the overall situation is the important mission of socialist rule of law, and party leadership is the fundamental guarantee of socialist rule of law. These five aspects complement each other and embody the organic unity of the party's leadership, the people being the masters of the country and governing the country according to law.
2. Firmly establish a correct judicial concept. The concept of socialist rule of law and socialist judicial concept are not exactly the same. Socialist judicial idea is the requirement of China's socialist political, economic, cultural and social life for judicial work and the reflection of China's judicial practice experience. It is a general understanding of how to carry out judicial work based on socialist legal consciousness, a conceptual grasp of the essence and connotation of judicial work, and a rational understanding and concept to guide the people's courts to carry out judicial activities. It is also the embodiment of the socialist concept of rule of law in the judicial process. It is undoubtedly more targeted for the people's courts to concretize the concept of socialist rule of law into the concept of socialist justice in educational activities, and it can also be better implemented in judicial work. Socialist judicial ideas include: (1) values. It is "fair justice and serve the people wholeheartedly." People-oriented is based on the rights of legal subjects. Rights are the basic motive force of litigation. Taking rights seriously and giving equal protection to the rights of all social classes, especially the working class, should be the core of the judicial concept. The purpose of "fair justice" is to "serve the people wholeheartedly", and justice for the people should always be the cornerstone to support the judicial concept of people's judges. To measure whether a judge has the idea of justice for the people, the main sign is whether he can gain insight into people's feelings, know people's opinions, care about people's livelihood and safeguard civil rights in the whole process of judicial activities. (2) The concept of democracy. It is to adhere to the democratic political view of the unity of the party's leadership, the people being masters of the country and governing the country according to law. Judicial democracy is an important content to realize judicial justice, and it is also the concrete embodiment of socialist democracy in the judiciary. The collegiate system and jury system of trial work fully embody this concept. (3) The concept of justice. It is to realize justice as the fundamental value and formal justice as the basic guarantee. Fairness is the primary value pursuit of socialist fairness, so we should give priority to fairness and give consideration to efficiency. Social justice should be realized through judicial justice, so that members of society can get judicial relief equally, even if there are differences in litigation resources and litigation ability between them. (4) The concept of efficiency. Is to ensure the timely realization of judicial justice. Judicial activities are carried out to solve disputes and maintain social order, requiring judges to improve efficiency and solve disputes as soon as possible within the trial limits prescribed by law. (5) Open concept. It is an open trial with the main content of ensuring respect for the rights of the parties and the main goal of maintaining judicial credibility. Increase the transparency of the trial in order to openly promote justice. (6) The concept of neutrality. The concept of judicial neutrality is based on equal protection and justice, and the way to realize it is to properly exercise its functions and powers to promote the balance of litigation ability. In judicial activities, judges should think independently, make independent judgments, dare to stick to correct opinions, and fully protect the equal litigation rights of parties. (7) The concept of harmony. It is the concrete embodiment of China's traditional cultural thought of "harmony is the most important" in the judicial work aiming at "justice and efficiency". Judicial responsibility, subject in judicial process, judicial work mode and judicial purpose should be harmonious. Promoting social harmony with judicial harmony. (8) The concept of honesty. Judicial integrity is the ultimate guarantee of social integrity. If a society loses judicial credit, the social credit system will collapse. It is necessary to rebuild judicial credit, let our judges become models of social credit, and let the courts become models of social integrity. (9) The concept of independence. In fact, the court is a social adjudication organ authorized by the state power organs, and conflicts between private interests, private interests and public interests and even public interests must be adjudicated by the court. The scientific national management system has designed the court as an independent institution from the very beginning. Otherwise, the court can't go beyond the conflict of interest, and the public judgment will be questioned. We should have a basic position when establishing the socialist judicial concept. We should not completely copy western things, but we should not reject things that are in line with the common interests of mankind and the trend of social development.
Four, the judge has established a long-term concept of socialist rule of law.
The emergence and establishment of the concept of the rule of law, and become the correct ideological guide to the practice of the rule of law, should be adapted to its existing social system, historical tradition, legal culture and values. China's social system is an advanced one. After continuous improvement, China's concept of socialist rule of law should develop with the development of the times. Under the guidance of the basic theory of socialism, the socialist concept of rule of law must keep pace with the times, innovate constantly and always be full of vitality. This is the interpretation of the concept of socialist rule of law by the Central Political and Legal Committee. From this, we understand that the generation of an idea needs a long period, the practice of an idea will also be a long process, and the innovation of the concept of rule of law is a long stage. From the process of "storage-production-practice-innovation" of thought, we can realize the inherent long-term nature. Therefore, establishing the concept of socialist rule of law must also have the same attributes.
First of all, we should truly understand the connotation of this scientific concept in the educational activities of the socialist concept of rule of law, strengthen digestion and understanding in work practice, truly realize the ideological significance and practical value of the socialist concept of rule of law from the depths of our souls, and make it our conscious action to practice the socialist concept of rule of law. Secondly, after the education of the socialist concept of rule of law, every judge should perform his duties comprehensively, correctly and persistently, and the socialist concept of rule of law will always occupy a dominant position in our minds. At the same time, strengthen self-cultivation, effectively resist the spread of negative corruption, especially to prevent the temptation of various illegitimate interests and firm the correct political direction.
We put forward that it is long-term to establish the concept of socialist rule of law, which has certain practical significance and far-reaching historical significance. Only by recognizing the long-term nature of establishing the concept of socialist rule of law can we pay more attention to the basic construction of establishing the concept of socialist rule of law, deepen the effectiveness of this activity, unremittingly consolidate the achievements of socialist rule of law education activities, carry out trial practice guided by the concept of socialist rule of law as soon as possible, enrich the connotation of the concept of socialist rule of law, and develop and innovate it. In order to meet the long-term needs of establishing the concept of socialist rule of law, so that the concept of socialist rule of law is firmly rooted in the hearts of every judge and always maintains the political direction of court trial work!
FYI