my country’s “bet365 mobile Law” (2019)、Basic Code of Professional Ethics for bet365 mobile (2010)、Legal documents such as the "bet365 mobile' Code of Conduct" (2010) stipulate most of the professional ethics of bet365 mobile。Constructing an incentive-oriented professional ethics mechanism for bet365 mobile,has special significance for fair justice。Promoting the full transformation of bet365 mobile’ intelligence and conscience、To curb the willful or inertia of bet365 mobile’ power,The incentive mechanism has significant advantages。How to use the incentive mechanism to achieve its best effect,It depends on the extent to which we face the motivations of bet365 mobile’ professional behavior。Consider the ultimate goal,Human behavioral motivations can be roughly divided into egoism、Altruism、Four kinds including collectivism and principledism。As a source of moral behavior,Different motivations have their own special incentive commitments and other issues。For the judge,The motive of moral principles such as upholding justice has broader relevance,But it tends to simplify the judge’s actual judgment,Therefore, the internalization of principles is particularly critical。Therefore,Constructing the professional ethics of bet365 mobile must carefully deal with the issue of behavioral motivation,In order to finally establish a reasonable incentive form。
Legislative guidance and incentives
Legislative incentives relate to the degree to which bet365 mobile’ ethical judgments are institutionalized,As well as issues such as the degree of effective supervision of its behavior。Just as Hume said,Most ethics are man-made,Because it relies on social arrangements to function。Admittedly,The high standards or ideal practices of bet365 mobile’ professional ethics mainly originate from personal conscience,Not legislation。However,Make acceptable、Consistent and transparent、relatively executable,And professional guidelines based on experience or context are desirable。This stems from two core facts。One,bet365 mobile are public officials,Need to fully realize the intended institutional functions of their role,There is clear legislation in advance,To facilitate bet365 mobile to take their requirements into consideration when performing their duties。Part 2,In complex modern society,Ethical principles generated discretely are unlikely to form a coherent whole。Therefore,The guidance and supervision of bet365 mobile’ behavior must be based on principles of action that are clear to everyone,More precisely,Must be based on normative documents such as existing laws or codes of conduct。
First,We should ensure that the content of each normative document is consistent,In the hope that bet365 mobile can deal with specific problems that arise in practice。For example, the "Interim Provisions on Rewards by the People's Courts" has not been revised since its implementation in 2004,Some of these provisions are no longer compatible with the "bet365 mobile Law" revised in 2019。For example,The conditions for awarding bet365 mobile listed in Article 45 of the "bet365 mobile Law" no longer mention the ninth item "Efforts in foreign exchanges" in the "Interim Provisions on Awards by the People's Courts",Winning special honors for the country”、The sixth item in "Sacrificing oneself for the public in an emergency、Sacrifice yourself to save others、Those who have bravely performed outstanding deeds for justice" and other contents。
Secondly,We should improve the institutional guarantee system for bet365 mobile’ professional ethics,Provide them with structural support to deal with ethical issues。In practice,Once some bet365 mobile behave in a manner that deviates from professional standards,People always prefer to consider issues from the perspective of the individual judge。However,We need to think more carefully,Whether the professional ethics of bet365 mobile have been fully protected by relevant legal institutional arrangements。Take judge training as an example,The current "bet365 mobile Law" and "Court Organization Law" (2019) both stipulate that the people's courts implement a training system,bet365 mobile and others should accept politics、Theoretical and business training,However, none of the relevant provisions include professional ethics training for bet365 mobile as a necessary component of judge training。
Finally,We cannot simply use "rewards and punishments", the so-called "carrot and stick" motivation method,The focus should be on the long-term mobilization and cultivation of bet365 mobile’ initiative。In terms of the judge’s reward and punishment system,It is necessary to try to reflect professional incentives centered on the judge’s job,We must also do our best to provide bet365 mobile with long-term benefits and opportunities that they can trust and look forward to。For example,By establishing a judge’s personal credit file,Improving the professional ethics of bet365 mobile,To create and maintain a good professional ethics environment for bet365 mobile。
Model guidance and motivation
Use role models or role models to shape the image of bet365 mobile、Inspiring bet365 mobile to keep making progress,This is quite common in judicial reality。However,We cannot simply isolate model bet365 mobile,With its trial style in daily litigation activities、Stereotyped marks such as judgment and professionalism。For the role model and motivation of bet365 mobile’ professional ethics,On the whole,Building a corresponding organizational culture for bet365 mobile、Cultivation of the spirit and value of professional community、Developing common ideals and beliefs in the rule of law is a key link。
一,What are the unique qualities of role model bet365 mobile,This is determined by the judge’s culture,Especially in how to balance legal literacy and political literacy。bet365 mobile naturally take judicial activities as their responsibilities,Should abide by ethical principles that are different from those of administrative officials。In fact,my country’s bet365 mobile have also implemented separate job sequence management。However,While bet365 mobile are regulated by the professional ethics code of bet365 mobile,Still subject to administrative officer standards。It can be seen from this,The important motivational significance of a model judge is the demonstration between "being a good official who satisfies the people" and "being a good judge who satisfies the people"。
Second,Which spirit and values of the professional community do model bet365 mobile uphold and inherit?,This is inseparable from the internalization of various judicial practices,At the same time, we should also continue to sublimate it。To a large extent,Exemplary judge means which good conduct should be rewarded,Which misbehavior will definitely be punished。More details,From a histological point of view,In a specific organizational context,Performance information has the role of reshaping organizational culture,Intrinsic motivating factors、Organizational Commitment、Target transfer、Job satisfaction and organizational morale can have varying degrees of negative or positive effects。This requires that judicial practice should not simply be oriented towards the conclusion of the case, that is, the actual effect of the trial,This is far from the fact that judicial adjudication is the art of fairness and justice,It also fails to demonstrate the specific requirements of judicial politics for trial consequences。
Third,In what ways does the model judge’s belief in “loyalty to the law” manifest,This must be regarded as a meta-motivator for bet365 mobile。As a judge,"Loyalty to the law" must not be misinterpreted as upholding a kind of "justice stops at the letter,Right or wrong is limited to the provisions,The "rules of justice" where the ruling complies with the rules,What is even more important is that the judge should have a certain balance between what he is strictly obliged to do and what he merely should do。In the process,We need to ensure that bet365 mobile independently exercise judicial power and the "adventurous" spirit that is inevitably involved in judicial decisions。From beginning to end,bet365 mobile should all be united by a “common calling”,Not only the pursuit of exquisite legal skills,And the spirit of public service must be emphasized,Respond sincerely to the hope and trust placed in them by the people they serve。Only this,Only then can the professional group of bet365 mobile gradually accumulate a reputation recognized by society、Special to oneself、Professional spirit that can continuously produce and reproduce、Professional credibility and professional authority。
Educational guidance and motivation
Usually professional ethics standards provide principled guidance for bet365 mobile to perform their duties。In the specific process of performing duties,bet365 mobile generally have to rely on their own judgment (power) to decide cases,It is not only reflected in the judgment itself,And it is also reflected in their words and deeds。To the judge,Judgment (power) is both an aptitude or character trait,It is also a skill that must be continuously learned and practiced。Therefore,The form of motivation guided by professional ethics education needs to coordinate at least two aspects: cultivating aptitude and exercising skills。
First,The current "cultivation" method of bet365 mobile' professional ethics in my country is insufficiently integrated with the professional tasks of the bet365 mobile group,It is mainly carried out in the form of political and ideological work,This is obviously out of touch with the judicial practice of bet365 mobile。The core and characteristics of bet365 mobile’ professional ethics are often ignored,Ignoring the professionalism of the judge’s profession、Unique requirements in terms of technology and judge’s personal qualities,Lack of concern for the credibility and competence of the judicial profession,It is easy to cause the lack of common interests and value goals within the judge group。In other words,Desirable professional ethics education,It will definitely promote the formation of a shared moral conscience among bet365 mobile in their trial work。
Secondly,The goal of professional ethics education for bet365 mobile should not be satisfied with requiring bet365 mobile to abide by "justice"、Integrity、For the people" and other behavioral norms,It should be directed towards excellence、Outstanding or outstanding bet365 mobile as role models。One sentence,A “good judge” is all the emotions needed to have good judgment、The person of perception and wisdom,This is the most important and valuable trait of a judge。Creating a “good judge”,It is a complex system project。It depends on the one hand on intellectually high-quality professional training,On the other hand, it is also inseparable from the fact that bet365 mobile understand and flexibly use a wider range of moral experience resources in daily ethics。Because of this,Education on professional ethics of bet365 mobile,Should be implemented into the entire process and different periods of judge training,To help bet365 mobile develop a sense of dignity and honor that dedicates themselves to their work。
Finally,The basic concepts behind various measures for bet365 mobile’ professional ethics education should be highlighted,Especially the basic ability of moral thinking。The ability of moral thinking reflects the judge’s attitude toward the professional community、Degree of identification with personal ideals and social ideals,At the same time, it is also reflected in the judge’s authority for his decision-making and his understanding of his responsibility to others。Get to the essence,There are two modes of moral thinking here,They are essential for bet365 mobile to perform their duties。A mode may be called "principled thinking",It requires bet365 mobile to review their decisions through a screening process of moral principles—general principles of social morality as well as special principles related to the institutional role assumed by the judge and his or her personal ideals。The second model can be called "consequentialist thinking",It involves several different activities: Predicting the possible consequences of alternative choices;Achieve a sympathetic understanding of the rights and interests of those affected by choices;And determine the course of action likely to provide the greatest benefit,Impartial consideration of the legitimate claims of each affected party。Each mode has different but equally important features,Principled thinking requires bet365 mobile to find consistency between behavior and guiding principles,Consequentialism requires bet365 mobile to pay attention to the broader social impact of their decisions。Such content should be fully reflected in the professional ethics education of bet365 mobile in a timely manner,Thereby motivating bet365 mobile to make “better decisions” from their hearts and become “better bet365 mobile”。
(This article is a phased result of the National Social Science Fund project “Research on bet365 mobile’ Professional Ethics from the Perspective of Institutional Incentives” (19BFX015)
(Author’s affiliation: Nanjing University School of Law)
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