试析北洋政府对法官非职务行为的道德约束

Analysis on Moral Restraints to Judge's Non-official Activities during Beiying government

北洋政府对法官非职务行为的道德约束主要体现在三个方面:不党不商以维护司法独立与保持清正廉洁;慎重社交以实现司法公正;束身自爱以树立司法威信。北洋政府对法官非职务行为的道德约束在规范法官的非职务行为、保障法官队伍的廉洁公正、树立司法威信等方面具有一定的作用。然而,北洋政府为约束法官非职务行为而制定的道德规则,作为上层建筑的重要组成部分,必定要受其政权性质的制约和影响,加之法官道德建设刚刚起步,难免存在一些缺憾与不足。

The moral restraints to judge＇ s non - official activities during Beiyang government embodtied three facets as follows： Judge was prohibited to join party and go into business in order to protect judicial independence; Judge＇ s sociality was restricted within narrow limits in order to realized judicial justice; Judge should enhance his morality in daily life in order to build up judicial authority. The moral re- straints to judge＇ s non- official activities during Beiyang governwent play a role on supervising law - officer and standardizing behavior of law - officer. It operated in ensuring probity of judge too. But the moral restraints to judge＇ s non - official activities had ninny shortcomings because of power character and soeial condition.