The relationship between legal professional community and legal professional ethics

Professional ethics belongs to the category of spiritual level. If the professional ethics of legal profession can fully penetrate into the practice activities of judges, prosecutors and lawyers and provide standardized guidance for their practice, especially in criminal proceedings, it will help to coordinate the relationship between judges, prosecutors and lawyers and ensure the realization of procedural justice. At present, in the process of building a socialist country ruled by law, judges, prosecutors and lawyers have accumulated some experience in professional ethics construction. For example, the Basic Code of Professional Ethics for Judges in People's Republic of China (PRC) issued by the Supreme People's Court, the Basic Code of Professional Ethics for Prosecutors in People's Republic of China (PRC) issued by the Supreme People's Procuratorate and the Code of Professional Ethics and Practice Discipline for Lawyers formulated by all china lawyers association should be said that these normative documents are of great significance for standardizing judges and lawyers. But as far as the legal profession is concerned, these norms are like "pearls" scattered all over the place, and they have not formed a complete "necklace". A clear and unified system is needed to "connect" them and make them an integrated norm.

In order to realize the professional ethics integration of the same legal profession, it is necessary for the same legal profession to understand and think from each other's perspectives. As the saying goes, "Don't do to others what you don't want others to do to you". Only in this way can judges, prosecutors and lawyers truly understand each other's litigation concerns and requirements, have a clear understanding of their own behavior guidance, and implement their own practice more rationally. Therefore, it is necessary to establish and improve the legal professional identity conversion system, smooth the channels of legal professional identity conversion, and realize the smooth and full flow between legal classes. Judges can be selected from excellent lawyers, and prosecutors can also be turned into judges. This system of professional identity transformation can provide an important guarantee for the code of conduct of the same legal profession, so that the same legal profession can think from the other side's point of view when choosing practice behavior, and give the other side due respect and necessary care, so as to realize equal and rational dialogue in the same litigation field and achieve the purpose of litigation. Especially in the promotion of criminal proceedings, the implementation of this identity conversion system can enable judges, prosecutors and lawyers to comprehensively, fully and objectively examine their litigation behavior and ensure the realization of procedural justice goals in an environment of "harmony but difference".

Therefore, the author suggests that the role of self-regulatory organizations in the lawyer industry should be strengthened at present, and China Judges Association, China Prosecutors Association and all china lawyers association should be considered to formulate a code of professional ethics in the lawyer industry, and on this basis, the code of professional conduct in the lawyer industry should be described in detail, so as to make professional ethics clear, concrete and procedural and become a legal profession. Clearly link the legal profession with the professional ethics system and the appointment, reward and punishment assessment system of judges, prosecutors and lawyers. If you violate professional ethics, you should be punished accordingly, and truly make professional ethics standards a "hard constraint" to regulate the specific behavior of legal profession.

To realize the integration of professional ethics, it needs to be promoted from a holistic perspective and rooted in the professional identity exchange system of the legal profession. First of all, it is necessary to clarify that the professional identities of judges, prosecutors and lawyers can be interchanged, and clarify the basic conditions, legal procedures and prohibited items of professional identity interchange. Secondly, the professional identity guarantee and salary guarantee for judges and prosecutors determined in the current judicial system reform should be implemented as soon as possible, so as to truly enhance the sense of professional honor for judges and prosecutors, further narrow the "gap" in professional treatment among judges, prosecutors and lawyers, and provide corresponding material basis guarantee for the transformation of professional identity. Third, pay more attention to the lawyer's professional security, improve the lawyer's professional security system, provide a good legal environment for lawyers to practice, and better guarantee the way for judges, prosecutors and lawyers to achieve equal exchanges and dialogues. Only in a good legal environment can the legal profession be truly transformed.

(Author: Graduate School of Chinese Academy of Social Sciences, lingbao city People's Procuratorate)