“律师见证”之理论分析和实务探究

发布时间：2018-08-27 10:21

【摘要】：律师见证业务随我国的改革开放被引入后曾获得较快发展,但近年来我国的律师见证除了在仅存的强制见证领域外,几乎销声匿迹,甚至逐渐淡出律师们的视野,这与国外律师见证业务长盛不衰的情形相差径庭。为使律师见证业务在我国重获生机,有必要探究律师见证业务在我国所面临的问题,并通过理论分析和实务探究,提出有针对性的建议,促进律师见证业务的健康发展。本文的思路是,先对律师见证在我国的发展概况进行介绍,然后分析律师见证的基本理论,以便准确把握律师见证业务独特性,接着对律师见证业务的实务操作进行研究,最后在分析我国律师见证所存在的问题的基础上提出一些有针对性的建议。第一章先对律师见证业务在我国的发展概况进行回顾,通过梳理,律师见证业务在我国的发展可分为三个阶段,即引入探索阶段、迅速发展阶段、势微阶段。第二章主要概述律师见证的概念、性质、特征、意义、效力及法律责任,通过与公证、法律审查等概念进行区分,以便准确把握律师见证业务的基本理论。第三章主要对律师见证实务中的见证范围、原则、程序、方法等问题进行探究,并对常见的律师见证业务进行了简要分析。第四章主要是剖析我国律师见证业务所面临的问题并为之提出有针对性的建议。
[Abstract]:With the introduction of China's reform and opening up to the outside world, the lawyer witness business has developed rapidly. But in recent years, except in the only field of compulsory witness, the lawyer witness almost disappeared, and even gradually faded out of the field of vision of lawyers. This and foreign lawyers witness the long-term business situation is different from the court. In order to bring the lawyer witness business back to life in our country, it is necessary to explore the problems faced by the lawyer witness business in our country, and through theoretical analysis and practical exploration, put forward targeted suggestions to promote the healthy development of the lawyer witness business. The idea of this paper is to introduce the development of lawyer witness in our country first, then analyze the basic theory of lawyer witness, in order to accurately grasp the uniqueness of lawyer witness business, and then study the practical operation of lawyer witness business. Finally, on the basis of analyzing the problems existing in the testimony of lawyers in our country, some pertinent suggestions are put forward. The first chapter reviews the development of lawyer witness business in China. Through combing, the development of lawyer witness business in China can be divided into three stages, namely, the introduction of exploration stage, the rapid development stage, and the potential micro-stage. The second chapter mainly summarizes the concept, nature, characteristics, significance, effectiveness and legal responsibility of lawyer witness, through distinguishing from notarization, legal review and other concepts, in order to accurately grasp the basic theory of lawyer witness business. The third chapter mainly explores the scope, principles, procedures, methods and other issues in the practice of lawyer witness, and briefly analyzes the common lawyer witness business. The fourth chapter analyzes the problems faced by lawyers in China and puts forward some suggestions.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.5

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