自媒体时代律师庭外言论的规范

发布时间：2018-05-10 11:18

本文选题：自媒体 + 律师庭外言论　；参考：《宁波大学》2017年硕士论文

【摘要】：随着博客、微博、微信等自媒体平台不断地发展,律师通过自媒体平台进行包装和推销是大势所趋,随着新事物的出现也带来了新的问题。有的律师不顾律师执业纪律和职业道德,违反保密义务,将在委托办案过程中得知的委托人或者当事人的个人隐私或商业秘密擅自公开、披露甚至大肆散布,更有甚者宁可抱着触犯法律的风险,恶意诉讼,通过煽动不知情群众,引导舆论向司法机关施压。因此对律师庭外言论进行规范也被提上议事日程,2016年9月司法部对2008年7月18日发布施行的《律师事务所管理办法》进行修订,其中新增的第五十条明确了对律师庭外言论的规范,一石激起千层浪,针对律师庭外言论是否应该规范,如何规范,支持与反对两方各执一词。本文第一部分从自媒体律师庭外言论的现状入手,通过展现律师在庭外不当言论的各种表现以及由此对当事人、司法公正和律师本身带来的危害,得出律师庭外言论应当规范。在对律师庭外言论规范之前,通过界定本文所指的规范对象,即“正在接受委托或指定参与诉讼的代理人或辩护人,对正在进行的审判活动在法庭之外发表与本案有关的信息”以及分析律师庭外与庭内言论,律师言论自由与律师庭外言论,得出规范律师庭外言论与言论自由并不冲突。本文第二部分罗列了我国目前对律师庭外言论的规范以及从这些规范中看到的问题。文章第三部分就从我国律师业的实际情况出发,通过借鉴其他国家的成熟经验提出自媒体时代律师庭外言论的规范举措为:明确律师庭外言论的界限,加强律师庭外言论的惩戒,加大司法信息的公开,通过这些举措来规范律师庭外言论才能既保障了律师的言论自由权利同时不影响正常的司法活动。
[Abstract]:With the continuous development of blog, Weibo, WeChat and other self-media platforms, it is a general trend for lawyers to package and promote through self-media platforms, and with the emergence of new things, it also brings new problems. Some lawyers, regardless of lawyers' professional discipline and professional ethics, violate the obligation of confidentiality and disclose, disclose or even spread wantonly the personal privacy or commercial secrets of clients or clients who have been informed in the course of entrusting and handling cases. Others would rather risk breaking the law, maliciously litigating, by inciting the uninformed masses, leading public opinion to pressure the judiciary. Therefore, the regulation of lawyers' out-of-court remarks has also been put on the agenda. In September 2016, the Ministry of Justice revised the measures for the Administration of Law firms issued on July 18, 2008. Among them, the new Article 50 clearly defines the norms for lawyers' out-of-court speech, and a stone arouses a thousand waves. Whether and how lawyers' out-of-court statements should be standardized, how to support and oppose the two sides holding the same words. The first part of this paper starts with the current situation of the media lawyer's out-of-court speech, through showing the various manifestations of the lawyer's improper speech out of court and the harm to the parties, the judicial justice and the lawyer itself, draws the conclusion that the lawyer's out-of-court speech should be standardized. Before regulating the speech of a lawyer out of court, by defining the object of the regulation referred to in this article, that is, "an agent or defender who is being entrusted or appointed to participate in the proceedings," Publication of information relating to the case outside the court for ongoing trial activities "and analysis of lawyers' out-of-court and in-court statements, and lawyers' freedom of speech and lawyers' out-of-court speech, it is concluded that there is no conflict between the regulation of lawyers' out-of-court speech and freedom of speech." The second part of this paper lists the current norms of lawyers' out-of-court speech in China and the problems seen from these norms. In the third part of the article, according to the actual situation of the lawyer industry in our country, by drawing lessons from the mature experience of other countries, the author puts forward the standard measures of the lawyer's out-of-court speech from the media age: make clear the limits of the lawyer's speech out of court. Only by strengthening the punishment of lawyers' speech out of court and increasing the publicity of judicial information, can these measures not only protect lawyers' right to freedom of speech but also not affect normal judicial activities.
【学位授予单位】：宁波大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.5

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