法治中国视域下我国律师职业道德探析

发布时间：2018-01-29 22:37

本文关键词： 律师律师职业道德法治中国　出处：《吉林财经大学》2017年硕士论文　论文类型：学位论文

【摘要】：随着中国法治建设的不断发展,依法治国理念的不断深化,在良好的法治氛围下,律师的社会地位也有所提高,律师的主体身份虽然区别于国家机关公职人员身份,但在法治中国背景下,律师的工作职责与国家公职人员工作职责有一定相似之处,即肩负着维护、监督国家法律、法规的正确适用与执行和保护公民合法权益的重要职责,在法治中国视域下,作为律师更有义务承担维护国家法律、法规正确适用与执行、化解社会纠纷、推进法治文化发展的使命,因此,律师职业道德水平的高低,将会直接影响着律师职责的履行程度、人民合法权益的保护程度、律师行业发展和中国法治事业的推进程度。本文包括以下五个部分:第一部分为引言,包括研究背景及意义;文献综述;研究方法;研究思路。第二部分主要讨论法治中国视域下我国律师职业道德概述,包括法治中国的概述:依法治国的内涵;法治中国的基本要求;法治中国的特征。律师职业道德的概述:主要讨论律师职业道德的内涵;律师职业道德的内容;律师职业道德的特征。法治中国视域下加强律师职业道德建设的重大意义:主要讨论加强律师职业道德建设是推进法治中国的必然要求;加强律师职业道德建设是推动社会公平正义的关键环节;加强律师职业道德建设是提高律师队伍素质的内在需要。第三部分主要讨论法治中国视域下我国律师职业道德的现状,包括我国律师职业道德取得的成就;我国律师职业道德失范的表现:追名逐利、同行相轻;理想淡漠、诚信缺失;业务不精、素养不够;关系复杂、缺乏原则。第四部分主要讨论法治中国视域下我国律师职业道德失范的成因剖析,包括商业环境负面影响;个人职业信仰缺失;学习教育相对薄弱;律师执业环境欠佳。第五部分主要讨论法治中国视域下加强我国律师职业道德对策研究,增强律师的理想信念;注重教育培训提高律师执业能力和修养水平;健全外在监督及扶持体制;改善律师的执业环境。本文将律师的理想信念、执业能力和修养水平、外在监督及扶持体制和执业环境这四方面结合起来,全面的分析提出提高律师职业道德的对策。
[Abstract]:With the continuous development of the construction of the rule of law in China and the deepening of the concept of governing the country according to law, the social status of lawyers has also been improved in a good atmosphere of rule of law. Although the subject status of lawyers is different from the status of public officials of state organs, under the background of the rule of law in China, the working duties of lawyers are similar to those of national public officials, that is, they shoulder the responsibility of maintenance. To supervise the correct application and enforcement of national laws and regulations and to protect the legitimate rights and interests of citizens, under the rule of law in China, as lawyers have the obligation to uphold national laws, laws and regulations to apply and enforce correctly. To resolve social disputes and promote the development of the culture of rule of law, therefore, the level of lawyers' professional ethics will directly affect the performance of lawyers' duties, the protection of the legitimate rights and interests of the people. This paper includes the following five parts: the first part is the introduction, including the research background and significance; Literature review; Research methods; The second part mainly discusses the overview of the professional ethics of lawyers in China under the rule of law, including the overview of the rule of law in China: the connotation of the rule of law; The basic requirements of ruling by law in China; The characteristics of the rule of law in China. An overview of lawyers' professional ethics: mainly discusses the connotation of lawyers' professional ethics; The content of lawyer's professional ethics; The characteristics of lawyers' professional ethics. The significance of strengthening the construction of lawyers' professional ethics from the perspective of the rule of law in China: the main discussion is to strengthen the construction of lawyers' professional ethics is the inevitable requirement of promoting the rule of law in China; Strengthening the construction of lawyers' professional ethics is the key link to promote social fairness and justice; Strengthening the construction of lawyers' professional ethics is the inherent need to improve the quality of lawyers. The third part mainly discusses the current situation of China's lawyers' professional ethics under the rule of law, including the achievements of our country's lawyers' professional ethics. The expression of professional ethics of lawyers in our country: pursue fame and gain, the peer is light; The ideal is indifferent, the good faith is lacking; The business is not fine, the accomplishment is not enough; Part 4th mainly discusses the causes of the professional ethics of lawyers in China under the rule of law, including the negative impact of the business environment; Lack of personal professional belief; The learning education is relatively weak; Part 5th mainly discusses how to strengthen the study of professional ethics of lawyers in China under the rule of law in order to strengthen the ideal and belief of lawyers. Pay attention to education and training to improve lawyer's practice ability and accomplishment level; Perfect external supervision and support system; Improve the lawyer's practice environment. This paper combines the four aspects of the lawyer's ideal and belief, the ability to practise and the level of accomplishment, the external supervision and support system and the practice environment. A comprehensive analysis of the improvement of lawyers' professional ethics countermeasures.
【学位授予单位】：吉林财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.5;D648.1

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