First, establish the consciousness of pursuing judicial justice.
"If the heart is unclear, there is no way to see, and if the ambition is irregular, there is no merit." As a judge, it is not difficult to establish a sense of judicial justice, but it is difficult to take judicial justice as a lifelong pursuit. Therefore, judges should have lofty professional ideals, take the pursuit of judicial justice as their belief, internalize it in their hearts and externalize it in their deeds. (1) A judge should take service law as his soul. Justice is the soul and lifeline of justice and the highest value pursuit of judges. For judges, justice is not only a profession, but also a profession dedicated to it. Only by believing in the rule of law, adhering to the rule of law, and always maintaining loyalty and awe of the law can we abide by fairness and safeguard justice. (2) Judges should be proud of their duties. Judges undertake the mission of resolving social contradictions and disputes, and inevitably become the focus of conflicts of interest, which requires judges to dare to chew hard bones and venture into dangerous beaches. Only by establishing the lofty integrity of punishing evil and promoting good, and enforcing the law like a mountain, can we have a firm belief, enforce the law for the people, be brave in taking responsibility, and be honest and clean. (3) Judges should be upright. "A gentleman is independent and does not waste his time." Only by adhering to professional conscience can judges not be used by foreign things and trapped in their hearts in the process of pursuing judicial justice. The image of fairness and justice needs to be supported by excellent style, which requires judges to unify the pursuit of judicial justice with the construction of judicial style, and consciously strengthen the forging of judicial professionalism, the training of judicial etiquette, the cultivation of moral integrity and the standardization of daily behavior.
Second, understand the public's judicial needs.
"Justice is in people's hearts." The standard to measure judicial justice depends not only on whether the referee meets the legal requirements, but also on whether the referee meets the judicial needs of the public. The popularization of judicial power comes from the Marxist concept of people's sovereignty, and justice is only fair if it reflects the will and needs of the people. Judges should realize judicial justice in the practice of justice for the people. (1) Carry out the purpose of serving the people. In socialist China, loyalty to the law and loyalty to the people are highly consistent. Fairness and justice must reflect the people's demands as the starting point and destination. The court should open its doors to coachable, go deep into the masses, do a good job of investigation and study, and actively respond to the expectations and needs of the masses. Judicial work should reflect the voice of the masses, achieve zero tolerance for the people's hatred and zero slack for the people's urgent need. (2) Serving people's livelihood. "The people are the country, and this is the country." Serving social construction focusing on people's livelihood is an important duty of judicial work. With the deepening of reform and the development of society, the court should follow up the judicial needs in the field of people's livelihood in time to ensure that they are implemented in place. (3) Pay attention to specific groups. To enhance the social acceptability of the referee, it is very important to meet the judicial needs of the people. Behind each case reflects the judicial needs of specific groups, such as wage disputes of migrant workers and house demolition disputes. In particular, the judiciary should pay attention to the rights and interests of vulnerable groups and realize substantive fairness and justice.
Third, grasp the spiritual core of legal justice.
Fairness and justice are the eternal value pursuit of human beings, as well as the spiritual core of law and the ethical basis of legislation. Law cannot be tailored for all social relations, and it is impossible to foresee all possible situations, which requires judges to profoundly grasp the spiritual core of legal justice and correctly apply the law. (1) Understand the spirit of law accurately. In Marx's view, law is "the inherent life law of human behavior and the conscious reflection of human life", and man's obedience to law "is to obey his own reason, that is, the natural law of human reason". The spirit of law is essential, vivid, abstract and forward-looking, but the law is superficial, rigid, concrete and backward. Judges should be good at grasping the essence, understanding the legislative intention, and applying the legal spirit to individual cases to make the judgment full of vitality. (2) Reflect the mainstream moral concept. The spirit of fairness and justice of law is essentially consistent with the simple concept of fairness and justice of the people. In a sense, extensive public opinion embodies the mainstream values of society and reflects the general moral demands of the people. Judicial judgment should adhere to the combination of legal evaluation and moral evaluation, and respect the people's universal cognition and sympathy for judicial justice. (3) consciously integrate into social life. Legal rules come from life and are higher than life. Judges should explore the origin of legal rules from social life, understand the main ways and rules of social relations and social interaction, be good at summing up and applying the common sense and experience recognized by the masses, and strive to make the judicial process and handling results close to the people's concepts of fairness and justice within the statutory scope.
Four, with excellent judicial operation ability
The essence of justice is experience, as American jurist Holmes said: "The life of law lies not in logic, but in experience." As an important social practice, justice requires judges to have excellent judicial ability, and the formation of judicial ability is inseparable from the accumulation of experience. (1) judicial practice experience. The understanding of law should go through the process from special to general, from phenomenon to essence. The more experience, the deeper the understanding of the law and the more conscious the application. Only through judicial practice can we accurately grasp the law of trial and better guide the practice of handling cases. (2) Social life experience. A judge is a social person first, then a legal person. Only with rich life experience can he empathize and make a fair judgment. The accumulation of social life experience is insurmountable and unrepeatable. The judge's growing background, emotional cognition and personal preference will all affect the judgment of legal relationship. Even if the same judge handles similar cases in different periods, the results are different. (3) Special work experience. With the improvement of the requirements of trial specialization, the professional work experience of judges has become an important source of judicial ability. For example, in the trial of intellectual property cases, judges should be selected from legal experts from relevant government departments, scholars who have been engaged in intellectual property research for a long time, and lawyers with rich experience in handling cases to improve the credibility of the trial.
Five, scientific program system design
Litigation procedure is the basic carrier and external expression of judicial activities, and it is the main way for people to feel judicial justice. Building a scientific program system includes three key words: (1) publicity. Judicial activities should be visible, understandable and trustworthy to the masses. Although the result is fair, but the procedure is not open enough, the masses will think there is "black-box operation" and have reasonable doubts. Drawing lots is a common way for people to discuss and make decisions. Because of its simple operation, openness and transparency, the results accepted by people are convincing. Judicial activities are highly complex and professional, and it is impossible to be as casual as lottery, but the concept of open and transparent program design is consistent. (2) Democracy. The people's jury system in China is the embodiment of judicial democracy and an effective way for people to exercise judicial power. At present, to give full play to the advantages of the people's jury system is to implement the party's judicial mass line, broaden the channels for the masses to participate in the judiciary through procedural arrangements, safeguard the masses' right to speak in judicial activities, and thus enhance the judicial credibility. (3) Equivalence. The distribution of litigation rights and obligations of the parties and the burden of proof should adhere to the principle of reciprocity to ensure that judges strictly observe neutrality and adjudicate fairly.
Six, strict and effective supervision mechanism
To strengthen the internal supervision of the court, efforts should be made to improve three systems: (1) collegiate bench and judicial committee system. It is necessary to fully ensure that the IEC and members of the collegial panel can express their opinions independently, dare to tell the truth and truly play a collective role. Improve the working mechanism of the judicial Committee to discuss cases, so that members of the judicial Committee can go to the front desk and form a collegiate bench to directly hear major, difficult and complicated cases. (2) trial level system. It is necessary to strengthen the independent responsibility of the trial level and improve the quality of the first and second trials. To further clarify the functional orientation of courts at all levels, the higher courts should perform their duties of supervision and guidance, improve the methods of supervision and guidance, and standardize the exercise of discretion through litigation procedures and case guidance. (3) avoidance system. Improper communication between individual judges and the parties and lawyers has seriously damaged the judicial credibility. In this regard, in addition to the avoidance of litigation in accordance with the provisions of the procedural law, it is also necessary to strictly implement the system of avoidance and communication of judges, standardize the reception system, safeguard the proper relationship of judges, lawyers and parties, eliminate all situations that may affect fair justice, and safeguard the fair image of courts and judges.
Seven, improve the accountability mechanism for error correction.
One in ten thousand mistakes in law enforcement and justice will do 100% harm to the parties concerned. A sound error correction accountability mechanism can minimize unjust, false and misjudged cases, mainly including three aspects: (1) efficient error correction mechanism. The Criminal Procedure Law stipulates that if the defendant appeals or the procuratorate protests, the facts are unclear and the evidence is insufficient, the court of second instance will not send him back for retrial. Strict enforcement of legal provisions can effectively prevent cases from being sent back for retrial many times. We should give full play to the value of trial supervision and improve the efficiency and quality of retrial. (2) Scientific prevention mechanism. Establish a risk assessment mechanism, incorporate all aspects of litigation into risk management and control, and timely warn. Implement the evidence adjudication system, improve the quality of evidence collection and acceptance, resolutely eliminate illegal evidence, and earnestly ensure that the standard of proof is true and sufficient. (3) Strict accountability mechanism. At present, the unclear power and responsibility is the main reason for the failure of judicial accountability. Let the judge judge, and the judge is responsible for it. The most fundamental thing is to return the jurisdiction to the presiding judge and the collegial panel in accordance with the principle of consistency of powers and responsibilities. On this basis, the lifelong responsibility system for handling cases is implemented, and a judicial operation mechanism with clear, unified and orderly management is formed.
Eight. Perfect occupational security mechanism
Judges are not "officials", but they need to establish a perfect occupational security mechanism like "officials" to ensure that judges perform their duties according to law. The establishment of a professional guarantee mechanism for judges in line with China's national conditions mainly includes three aspects: (1) identity guarantee. Judge is a dedicated profession, and it is also a risky profession when the legal environment is not yet mature. This kind of risk is more manifested in the uncertainty of the judge's identity. Imperfect identity protection mechanism leads judges to be timid in handling cases, putting extra-legal factors above legal factors, which seriously affects judicial justice. Actively promote the reform of the classification of judges' management, and the acquisition of judges' identity, promotion of ranks, social status, etc. must be clearly stipulated in the form of law, especially when the law does not explicitly stipulate that judges are not allowed to leave their posts. (2) Economic security. It is necessary to establish an economic security mechanism that is compatible with salary and treatment, improve the income level of judges, mobilize the enthusiasm of judges, better retain the backbone and prevent corruption. (3) Safety. In recent years, cases of vendetta and beating of judges have occurred from time to time because the parties are dissatisfied with the verdict. It is necessary to strengthen the protection of judges' personal and family safety, provide judges with a safe working environment and realize fair justice.
Nine. Advanced trial management mechanism
Zhou Qiang, President of the Supreme People's Court pointed out: "Trial management is related to the quality and effect of trials, fairness and justice, and judicial credibility. It is the core of the people's court's' three major management' and is a basic, key and long-term important work. " The construction of advanced trial management mechanism mainly includes three aspects: (1) diluting the color of administrative management. Clarify the responsibilities of the president and other administrative leaders in trial management, mainly focusing on the examination and approval of procedural matters, macro guidance of trial, supervision of trial quality and effect, ensuring the independent and fair exercise of judicial power according to law, and not interfering in the handling of specific cases to prevent the abuse of trial management power. (2) Adhere to scientific and democratic management. Serving trial is the basic orientation of trial management. Construct a scientific trial management system including case flow management, case quality evaluation, judge skill evaluation and trial operation situation analysis. Explore the establishment of a trial management Committee, let the front-line judges participate, pay attention to their opinions and suggestions, and link the trial with management. (3) increase the content of information technology. The most important and basic means of trial management is informatization. Only by establishing trial management on the basis of informationization can we improve the refined level and efficiency of management. In addition, we should pay attention to strengthening the management of judicial statistics, quality and benefit evaluation, and basic theoretical research to provide accurate and informative basic data for judicial reform.
X. Good social environment ruled by law
The construction of judicial justice can not be carried out behind closed doors, but must be linked with other links in the construction of national rule of law to create a good judicial environment. The construction of the rule of law in China started late, and there are still many elements in the legal cultural tradition that are incompatible with the rule of law. Building a good social environment ruled by law mainly includes two aspects: (1) institutional environment. The core of building a modern judicial system is to ensure the independent and fair exercise of judicial power according to law. It is necessary to strengthen and improve the party's leadership over judicial work and eliminate local and departmental protectionism. The people's court shall establish a system of registration and notification and a system of accountability for interfering with justice in violation of legal procedures. Judicial organs and other judicial organs are independently responsible and coordinate their work in accordance with the Constitution and laws. (2) Social environment. Influenced by the tradition of "rule by man" for thousands of years, the people's recognition of justice is not high, and the phenomena of "letters and visits don't believe in the law" and "trust rights don't believe in the law" are still outstanding. To change this situation, we must strengthen the construction of a society ruled by law and a government ruled by law, improve citizens' legal literacy and promote the formation of a good legal environment.