论文化与司法职业的融合与提升
发布时间：2018-08-14 11:30
【摘要】：本文站在哲学层面触碰文化与司法职业的关系,通过研究文化与司法职业的融合与提升,探讨整个司法职业的核心价值观：“忠诚、公正、民本”。忠诚即忠于祖国、忠于法律；公正即依法履行职责,维护公平正义；民本即以人民为本,坚持执法为民。忠诚是基石,公正是灵魂,民本是主旨,三者构成一个辩证统一的整体。本文以此价值观为核心试建构司法职业文化体系,以期明晰对司法职业文化的不同认识。同时揉合物质文化、制度文化与精神文化在司法职业中的作用,找到文化与司法职业的契合点,加强文化管理,真正做到文化建设指导司法实践,司法实践又促进文化建设的作用。 笔者认为司法系统应围绕“忠诚、公正、民本”的职业核心价值观开展文化构建,用物质手段丰富司法职业物质文化,用制度手段推动司法职业文化,用精神手段提升司法职业文化。文化决定司法职业的过去、现在和将来,司法职业应该保护文化的健康良性发展。我们应该建立国家文化安全预警系统,强化涉外文化安全管理,实施积极对外文化政策,建立健全文化管理法律法规,防止境外资本对媒介的渗透,提高民众文化认同感,依法保护知识产权,加强对进入我国的境外文化产品的管理,坚决打击盗版及文化产品非法流入行为。同时我们应该运用法律武器和国际规则对文化进行保护,司法职业对文化的保护也体现了国家的主权和尊严。文化通过价值观、人生观、善恶观、世界观的不断渗透到个人的思维中,进而改变行为,改变选择,改变每一次的执法与司法行为,不断塑造着司法职业者,进而确定每个人在司法职业中的定位。司法职业者应当把文化修养当成一种自觉行动,从专业文化上深研,从多元文化中吸收,不断提升自身的文化水平以促进职业生涯的成功与完善。 本文的研究方法为文献研究方法,兼有实证研究方法。具体采用观察法、资料分析法等。由于论文所涉及到的内容网络及法学书籍中能引用的很少,前人虽有涉及,但未就文化与司法职业之间的关系作系统论述,所以对于概念性的内容只作引用,未作过多的阐释与探讨,文中大量采用所查阅的内部文件和资料以及自己的所思所想,谬漏难免,肯请诸位赐教。
[Abstract]:Standing on the philosophical level, this paper touches the relationship between culture and judicial profession. By studying the fusion and promotion of culture and judicial profession, this paper discusses the core values of the whole judicial profession: "loyalty, justice, people-oriented". Loyalty is loyalty to the motherland and the law; justice is to perform duties according to law and to safeguard fairness and justice; the people is based on the people and insists on enforcing the law for the people. Loyalty is the foundation stone, justice is the soul, the people is the main idea, and the three constitute a dialectical unity. This paper tries to construct the system of judicial professional culture with values as the core, in order to clarify the different understanding of judicial professional culture. At the same time, it combines the function of material culture, system culture and spiritual culture in the judicial profession, finds the joint point of culture and judicial profession, strengthens the culture management, and really achieves the cultural construction to guide the judicial practice. Judicial practice also promotes the role of cultural construction. The author thinks that the judicial system should construct the culture around the core values of loyalty, justice and people, enrich the material culture of the judicial profession by material means, and promote the judicial professional culture by the means of system. To promote the judicial professional culture by spiritual means. Culture determines the past, present and future of judicial profession. We should establish a national early warning system for cultural security, strengthen the management of foreign cultural security, implement active foreign cultural policies, establish and improve laws and regulations on cultural management, prevent the infiltration of foreign capital into the media, and enhance the people's cultural identity. We will protect intellectual property rights in accordance with the law, strengthen the management of foreign cultural products entering our country, and resolutely crack down on piracy and illegal inflow of cultural products. At the same time, we should use legal weapons and international rules to protect culture. The protection of culture by judicial profession also embodies the sovereignty and dignity of the country. Through values, outlook on life, view of good and evil, the world view of the continuous infiltration into the individual thinking, and then change behavior, change choice, change every law enforcement and judicial behavior, constantly shaping the judicial profession, Then determine the position of each person in the judicial profession. The judicial profession should regard cultural accomplishment as a kind of conscious action, deeply study from the professional culture, absorb from the multiculturalism, improve one's own culture level continuously in order to promote the success and consummation of the professional career. The research method of this paper is literature research method and empirical research method. Specific methods of observation, data analysis and so on. Because the content network and the law books involved in the paper can be quoted few, although the predecessors have involved, but did not discuss the relationship between culture and judicial profession, so the conceptual content is only cited. Without too much explanation and discussion, the paper makes extensive use of the internal documents and materials consulted, as well as their own thoughts and thoughts, which is inevitable. I would like to ask you to give your advice.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926
本文编号：2182718
[Abstract]:Standing on the philosophical level, this paper touches the relationship between culture and judicial profession. By studying the fusion and promotion of culture and judicial profession, this paper discusses the core values of the whole judicial profession: "loyalty, justice, people-oriented". Loyalty is loyalty to the motherland and the law; justice is to perform duties according to law and to safeguard fairness and justice; the people is based on the people and insists on enforcing the law for the people. Loyalty is the foundation stone, justice is the soul, the people is the main idea, and the three constitute a dialectical unity. This paper tries to construct the system of judicial professional culture with values as the core, in order to clarify the different understanding of judicial professional culture. At the same time, it combines the function of material culture, system culture and spiritual culture in the judicial profession, finds the joint point of culture and judicial profession, strengthens the culture management, and really achieves the cultural construction to guide the judicial practice. Judicial practice also promotes the role of cultural construction. The author thinks that the judicial system should construct the culture around the core values of loyalty, justice and people, enrich the material culture of the judicial profession by material means, and promote the judicial professional culture by the means of system. To promote the judicial professional culture by spiritual means. Culture determines the past, present and future of judicial profession. We should establish a national early warning system for cultural security, strengthen the management of foreign cultural security, implement active foreign cultural policies, establish and improve laws and regulations on cultural management, prevent the infiltration of foreign capital into the media, and enhance the people's cultural identity. We will protect intellectual property rights in accordance with the law, strengthen the management of foreign cultural products entering our country, and resolutely crack down on piracy and illegal inflow of cultural products. At the same time, we should use legal weapons and international rules to protect culture. The protection of culture by judicial profession also embodies the sovereignty and dignity of the country. Through values, outlook on life, view of good and evil, the world view of the continuous infiltration into the individual thinking, and then change behavior, change choice, change every law enforcement and judicial behavior, constantly shaping the judicial profession, Then determine the position of each person in the judicial profession. The judicial profession should regard cultural accomplishment as a kind of conscious action, deeply study from the professional culture, absorb from the multiculturalism, improve one's own culture level continuously in order to promote the success and consummation of the professional career. The research method of this paper is literature research method and empirical research method. Specific methods of observation, data analysis and so on. Because the content network and the law books involved in the paper can be quoted few, although the predecessors have involved, but did not discuss the relationship between culture and judicial profession, so the conceptual content is only cited. Without too much explanation and discussion, the paper makes extensive use of the internal documents and materials consulted, as well as their own thoughts and thoughts, which is inevitable. I would like to ask you to give your advice.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926
【参考文献】
相关期刊论文 前6条
1 韩成锋;;关于法院文化建设的几点思考[J];山东审判;2009年06期
2 钱鸿猷;西方法治精神和中国法治之路[J];中外法学;1995年06期
3 费孝通;百年中国社会变迁与全球化过程中的“文化自觉”——在“21世纪人类生存与发展国际人类学学术研讨会”上的讲话[J];厦门大学学报(哲学社会科学版);2000年04期
4 夏锦文;中国传统司法文化的价值取向[J];学习与探索;2003年01期
5 ;万鄂湘在第三次全国法院文化建设工作座谈会上强调 要以精神文化塑造为核心 塑造法官的核心价值体系[J];中国审判;2007年10期
6 裴全华;;在法院文化中体现司法的公正与文明[J];中国审判;2009年03期
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