法律职业内在道德规范解析

为确保司法公正和维护法律及法律职业的尊严与公信力,国家将部分法律职业道德规范上升为法律规范或纪律规范,进一步提高了法律职业的道德底线.然而,这种被赋予强制力且易于操作的"法定"职业道德规范,只宜调整肤浅层次的职业道德问题,难以解决影响法律人职业行为与职业活动的深层次的职业道德问题.本文主张建立一种可以更为内在地诉诸法律人思想情感,进而积极影响其职业行为与职业活动的职业道德规范,使外在的职业道德规范与内在的职业道德规范互补,构筑完整的法律职业道德体系.

The comments of the law professional moralities

In order to ensure the justice of administration of justice and as well as to guard the sanctity of the law and the public belief in it, the state has raised the moral standard for law professions to law or discipline standard. It has raised the level of morality for the professions. Yet, the standard, which is vested with compulsory power and is easy to operate, can only solve the superficial problems in the morality of the professions. It cannot solve the inner problems that have influence on a law-enforcer's professional behavior and activities. In this dissertation, the writer advocates setting up a professional moral standard that appeals to a law-enforcer's thinking and feeling more internally to influence his professional behavior and activities. The writer advocates building a whole moral system of the professions, which is consisted of two kinds of professional moralities complementing each other, one directing the inner, the other directing the outer, as is described in the dissertation.