我国法官与律师关系存在的问题及对策研究

发布时间：2018-04-26 23:31

本文选题：法官 + 律师　；参考：《广西师范大学》2017年硕士论文

【摘要】：随着我国依法治国进程的推进,人们对于司法公正的期待和要求越来越高,所以,法官和律师关系问题也引起了大家的高度关注。法官和律师都从事着法律工作,他们以实现社会公平正义为共同目标。司法公正对社会公正具有重要的引领作用,司法公正为社会公正提供保障,法官和律师的相互关系对司法公正甚至社会公正具有重要的影响。所以理清我国法官与律师存在的问题,找出解决问题的对策,这对于我国的法治现代化建设尤为重要。笔者通过对这一课题的研究,结合自己的一些亲历感受,希望能对法官与律师关系问题解决尽自己一点绵薄之力。本文正文主要分为四个部分,具体内容如下:第一部分是我国法官与律师关系概述,首先对法官、律师的概念与特征进行介绍,再从整体解读法官与律师的关系,笔者认为法官与律师之间应当建立相互独立、相互尊重、相互监督、相互合作的关系。第二个部分是我国法官与律师关系存在的问题,从不平等的依赖关系、职业错位关系、不正当“勾兑”关系、不尽合理的对抗关系四个方面阐述我国法官与律师关系存在的问题。描述了我国法官与律师关系出现的一些不良现象,以及这些不良现象造成的危害。第三个部分是我国法官与律师关系问题的成因,该部分从传统文化的原因、社会环境的原因、法律制度的原因及从业人员的原因四个方面详细对上述问题进行原因探析。一切事物都存在因果联系之中,发现问题之后,必然要找出产生问题的原因,进而找到解决问题的方法。第四个部分是完善我国法官与律师关系问题的对策,笔者本着发现问题、分析问题并解决问题的原则,从制度和伦理层面提出了几点建议:第一,加强法学教育;第二,强化法律职业道德建设:第三,保障和完善法官独立;第四,提升律师地位,增强律师的交涉能力。这样才能构建起和谐健康的法官与律师的关系。
[Abstract]:With the advancement of the process of ruling the country according to law, people expect and demand more and more justice. Therefore, the relationship between judges and lawyers has aroused great concern. Both judges and lawyers are engaged in legal work, with the common goal of achieving social equity and justice. Judicial justice plays an important leading role in social justice. Judicial justice provides protection for social justice. The relationship between judges and lawyers has an important impact on judicial justice and even social justice. Therefore, it is very important for the modernization of the rule of law to clear up the problems of judges and lawyers in our country and find out the countermeasures to solve the problems. Through the research of this subject and my own experience, I hope to do my best to solve the problem of the relationship between judge and lawyer. The main body of this paper is divided into four parts, the specific contents are as follows: the first part is an overview of the relationship between judges and lawyers in our country. First, the concept and characteristics of judges and lawyers are introduced, and then the relationship between judges and lawyers is interpreted from the whole. The author believes that judges and lawyers should establish a relationship of mutual independence, mutual respect, mutual supervision and mutual cooperation. The second part is the problems existing in the relationship between judges and lawyers in our country, from unequal dependence, occupational dislocation, improper "blending". This paper expounds the problems in the relationship between judges and lawyers in the four aspects of irrational confrontation relationship. This paper describes some bad phenomena in the relationship between judges and lawyers and the harm caused by these bad phenomena. The third part is the causes of the relationship between judges and lawyers in China. This part analyzes the causes of the above problems in detail from four aspects: the reasons of traditional culture, the reasons of social environment, the reasons of legal system and the reasons of practitioners. There is a causal relationship in all things. After finding the problem, we must find out the cause of the problem, and then find out the solution to the problem. The fourth part is the countermeasure of perfecting the relationship between judges and lawyers in our country. The author, based on the principle of finding problems, analyzing problems and solving problems, puts forward several suggestions from the system and ethical level: first, strengthen law education; second, Strengthen the construction of legal professional ethics: third, protect and improve the independence of judges; fourth, improve the status of lawyers, enhance the ability of lawyers to negotiate. Only in this way can we build a harmonious and healthy relationship between judges and lawyers.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2;D926.5

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