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司法权的伦理关涉着司法权的品行,而司法权的品行则又关涉着社会的正义信仰体系建设。司法权的伦理根植于司法权的中立本质之中,因而必然迥异于党政伦理、军警伦理。法官职业伦理能力之实质是在相互叠加、冲突的利益关系中做出恰当选择的能力,而选择的恰当性则以绝对排除自利标石。欲使此标石稳固于每一法官的灵魂结构中,就必须开伦理规则控约、机构监督、法官自我修行三途。
The ethics of judicial power relates to the conduct of judicial power, and the conduct of judicial power is related to the construction of social justice belief system. The ethics of judicial power is rooted in the neutral nature of judicial power and must be different from the ethics of party and government and military ethics. The essence of judges’ professional ethics ability is the ability to make proper choices in the overlapping interests and conflicts, and the rightness of choices is absolutely excluding the self-interest standard. For the stone to be firmly anchored in the soul structure of each judge, rules of ethics must be put in place to control the institutions, to supervise the judges and to exercise the judges’ self-cultivation in three ways.