my country's "Judge Law" (2019)、"Basic Guidelines for Professional Ethics of the Judge" (2010)、The Code of Code of Behavior (2010 "(2010) and other legal documents stipulate most of the content of the professional ethics of the judge。Construction of the professional ethics mechanism of the judge -oriented judges，It has a special significance for fair justice。In promoting the full conversion of judges' intelligence conscience、Containing the judge's power will be willful or inert，The incentive mechanism has a significant advantage。How to be called and play the best utility，Rely on what extent we face the motivation of the professional behavior of judges。Taking the final goal as consideration，Human behavior motivation can be roughly divided into self -interest、Li'sism、Collectualism and principles four types。The source of moral behavior，Different motivations have their own special incentive commitments and other problems。For the judge，Moral principles such as maintaining justice have a broader correlation，But it tends to simplify the actual judgment of the judge，Therefore, the internalization of principles is particularly critical。From this，Constructing the professional ethics of the judge must carefully handle the motivation of the behavior，To finally establish a reasonable incentive form。

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Legislative incentive involves the degree of institutionalization of judges' ethics judgment，and the effectiveness of the effective supervision of its behavior。Just as Hume said，Most ethics are artificial，Because it depends on social arrangements to play a role。It is true，High standards or ideal practice of professional ethics of judges mainly originated from personal conscience，instead of legislation。But，Formulate acceptable、Consistent and transparent、Relative bet365 Play online games executable，and occupational guidelines based on experience or context are desirable。This comes from two core facts。One，Judge is a public office，It is necessary to fully realize the expected institutional function of its role，There is a clear legislation in advance，It is convenient for the judge to consider it as required when performing their duties。Its two，In a complex modern society，The moral principles generated by dispersed are unlikely to form a coherent consistency overall。Therefore，The guidance and supervision of the behavior of judges must be based on the principle of action that everyone is clear，More precisely，Active documents such as existing legal or behavioral standards。

First，We should ensure that all normative documents are coordinated in content，As a judge can cope with specific problems that appear in practice,。For example, the "Interim Provisions on the People's Court Reward" has not been revised since its implementation in 2004，Some of these terms can no longer match the "Judge Law" revised in 2019。For example，The Judge's reward conditions listed in Article 45 of the Judge Law no longer mention the ninth "foreign communication work efforts，Those who win special honors for the country "、In the sixth item, "Being in an emergency is a public、Save and save people、Seeing righteousness and bravery is the outstanding deeds。

Second，We should improve the institutional guarantee system of the professional ethics of the judge，Provide structural assistance for them to deal with ethical issues。In practice，Once some judges have a behavior of their behaviors depart from the career standard，People always prefer issues from the perspective of the individual of the judge。But，We need to think carefully，Whether the professional ethics of the judge has been fully guaranteed by the relevant legal system arrangement。Take judge training as an example，The current "Judge Law" and the "Court Organization Law" (2019) all stipulate that the people's court implements the training Bet365 app download system，Judges, etc. should accept politics、Theoretical and business training，But the relevant provisions did not take the professional ethics training of judges as a necessary component for judge training。

Last，We cannot simplify the incentive method of using "reward and punishment" that is, the so -called "carrot increase stick"，Instead of focusing on the long -term mobilization and training of the judge's active enthusiasm。As far as the judge's reward and punishment system，Try to reflect the occupational incentive centered on the judge's own staff，We must fully provide the judge with the long -term interests and opportunities that they can trust and expect。For example，Personal credit archives through the Legislative Leader，Improve the professional ethics of the judge，Then create and maintain a good professional ethics environment for judges。

Example Fan Dao Incentive 

Form the image of the judge with model or example、Incentive judges keep aggressive，This is quite common in judicial reality。but but，We can’t simply pull out the example judges，Judgment style in its daily lawsuit、Judging and professional spirit and other stereotypes。For the example of the professional ethics of the judge，On the whole，Construction of the corresponding judge organization culture、Cultivate the spirit and value of the professional community、Development of common rule of law ideals and beliefs is the key link。

One，Models of examples of the unique qualities of judges，This is determined by the judge culture，Especially they are reflected in how to balance legal literacy and political literacy。Of course, the judge is taken as a responsibilities with trial activities，It should abide by the ethical guidelines that are different from administrative officials。In fact，Chinese judges have already implemented separate job sequence management。But，The judge is regulated by the judge's occupational ethics standard，Still requirements of the standard of administrative officials。This can be bet365 best casino games seen，The important incentive of the example of a model judge is to "be a good official who satisfies the people" and "Be a good judge who satisfies the people"。

Its two，Edition models of the spirit and value of which professional community insisted on and inherited which professional community，This is inseparable from the internalization of various judicial practice，At the same time, we should continue to sublimate it。To a large extent，Edition of the judge means which good products should be rewarded，Which unreasonable behaviors will be punished。Further talk，From the perspective of the organization，In a specific organization environment，Performance information has the role of reshaping the organizational culture，Inner incentives、Organization commitment、Target transfer、Work satisfaction and organizational morale can have negative or positive impacts to vary in various degrees。This requires that in judicial practice, it cannot simply end the case, that is, the actual effect of the trial as the orientation，This is far from the art of justice and justice，It also failed to show the specific requirements of judicial politics on the consequences of trial。

Three，Example of the faith of the judge "loyalty to the law" is manifested，This must be regarded as the metropolitan power of the incentive judge。As a judge，"Loyalty to the Law" must not be interpreted to maintain a "justice to stop in the provision，Limited to the provision right or wrong，"Article Justice"，And more needed a judge to advance and retreat from what is strictly obliged to do and what should be done。In this process，We need to ensure the "adventure" spirit that the judge exercises the right to judge independently and the inevitable involved in the judicial judgment。From beginning to end，Judges should be united by "common mission call"，Not only the exquisite pursuit of legal skills，And the spirit of public service must be emphasized，The people who responded sincerely responded to their hope and trust in bet365 best casino games their service。Only here，The people who responded sincerely responded to their hope and trust in their service、Dedicated、Professional spirit that can continue to produce and reproduce、Professional credibility and occupational authority。

Education Guidance Incentive 

Usually professional ethics guidelines provide principled guidelines for judges。During the specific performance process，Judges generally need to rely on their own judgment (force) to decide the case，It is not only reflected in the judgment itself，and also reflected in their words and deeds。For judges，Judgment (force) is both a sexual orientation or character characteristics，It is also a skill that must be continuously learned and practiced。Therefore，The incentive form guided by professional ethics education requires at least two aspects: incentives and training skills。

First，The "training" method of the current professional ethics of judges in my country is insufficient with the professional task of the judge group，Most of them are mostly in the form of political ideology，This is obviously disconnected from the judicial practice of the judge。Often ignores the core and characteristics of the professional ethics of judges，Ignoring the professionalism of the judge's occupation、Unique requirements for technical and personal quality of judges，Lack of attention to the credibility and ability of the judge's occupation，It is easy to cause the lack of common interests and value targets inside the judge group。That is to say，Careful career ethics education，It will definitely promote the formation of a shared moral conscience in the trial work。

Second，The goal of the judge's occupational ethics education should not be satisfied with the request of the judge to abide by "justice、Integrity、For the people "and other behavioral specifications，and should be directed to excellence、Outstanding or excellent judges are examples。One sentence，"Good Judge" is all emotional required to have a good judgment (force)、People with perception and wisdom，This is the most important and valuable trait of the judge。Create a "good judge"，Is a complex system bet365 Play online games engineering。On the one hand, it depends on high -quality professional training in intelligence，On the other hand, it is inseparable from the understanding of the judges and flexibly applied to the wider moral experience resources in Lunchang.。Because of this，Education of professional ethics of judges，It should be implemented to the entire process of judge training and different time periods，To help the judges develop a sense of dignity and honor of dedication to work wholeheartedly。

Last，The basic concepts behind the various measures of professional ethics education of the judge should be highlighted，Especially the basic ability of moral thinking。Moral thinking This ability reflects the judge's professional group、The degree of recognition of personal ideals and social ideals，At the same time, it is also reflected in the judge's authority about its decision -making and understanding of others' responsibility。The essence of it，There are two moral thinking mode here，They are vital to perform their duties for judges。A mode can be called "principle thinking"，It requires judges to examine their referee through the general principles of moral principles -social morality and the special principles related to their personal ideals -the screening process of personal ideals。The second mode can be called "results of result of thinking"，It involves several different activities: predict the possible consequences of the selection; the right and interests of those affected by the choice reached sympathetic understanding; and determine the action plan that may bring the biggest benefit，A legally considers the legitimate appeal of each affected party。Each mode has different but equally important functions，Principle thinking requires judges to find consistency between behavior and guidance principles，Consertism needs to pay attention。Such content should be fully reflected in the professional ethics education of judges，Then inspires the judges to make "better decisions" from the heart and become "better judges"。

(This article is the Study of Judges Professional Ethics in the State Social Science Foundation Project "Institutional Incentive Perspective" (19BFX015) staged results) 

(Author Unit: School of Law of Nanjing University)