我国律师权利保障制度研究

发布时间：2018-05-02 14:35

本文选题：宪法 + 权利　；参考：《内蒙古大学》2017年硕士论文

【摘要】：律师在构建和谐社会中起着举足轻重的作用,也是依法治国、依宪治国的重要力量。而律师权利又是律师依法正确履行职责、保障司法公正、维护当事人合法权益的必要条件。近年来,国家相继出台相关规定保障律师的执业权利,然而效果并不明显,实践可操作性不佳,我国执业律师的权利并没有得到良好的保障,本文在此基础上找出了我国律师权利保障不足的原因并对其进行分析,提出改善之道。本论文主要研究的是律师的执业权利,对于律师自身权益的保障实质上是对其执业权利保障的前提和结果,并非本文研究的核心和重点。本论文对我国律师权利保障制度的研究共分为四章:第一章:律师权利保障制度概述。通过对律师权利的介绍,系统的认识到我们国家的律师在执业过程中享有哪些权利;通过对律师权利与公民权利关系的阐述,了解保障律师执业权利对于保障公民基本权利的意义;通过对律师权利与我国法治建设的关系概括,将律师权利保障上升到人权保障的高度上来,推进中国特色社会主义民主法治的建设。介绍我国律师权利保障制度的发展变迁,了解我国律师制度的历史背景,为下文分析原因提供依据。第二章:国外律师权利保障的分析、借鉴。分别阐述英美法系和大陆法系的几个代表性国家的律师权利保障状况,并且进行对比分析,找出我国律师权利保障制度与国外律师权利保障制度存在的差距,进而对我国律师权利保障制度的完善提供有益的借鉴和参考。第三章:我国律师权利保障制度的现状及保障不足的原因分析。首先从理论和实践两个方面对《关于依法保障律师执业权利的规定》进行解读,然后阐述我国律师权利保障的现状,并指出现阶段我国律师权利保障制度上的不足,最后分析了保障不足的原因,以便于解决。第四章:完善我国律师权利保障制度。从制度层面上对我国律师权利保障制度进行完善。首先公民应增强宪法意识,构建中国特色社会主义的法律文化;然后通过立法来支撑律师权利的保障:完善律师权利保障方面的规定,建立律师权利救济机制;接着在司法层面上来对律师权利进行保障:构建法律职业共同体,提高法官、检察官的综合素质;最后通过改善律师执业环境,提高律师自身素质来对律师权利保障制度进行完善。结论部分,进一步强调律师权利保障的现实性和必要性,是构建中国特色社会主义法治国家的重要内容,并借鉴国外经验完善我国的律师权利保障制度。
[Abstract]:Lawyers play an important role in the construction of a harmonious society and are also an important force in governing the country according to the law and governing the country according to the constitution. The lawyer's right is the necessary condition for the lawyer to perform his duties correctly, to guarantee the justice of justice and to safeguard the legitimate rights and interests of the litigants. In recent years, the state has issued related regulations to protect lawyers' right to practice. However, the effect is not obvious, the practice is not operable well, and the rights of practicing lawyers in our country have not been well protected. On this basis, this paper finds out the reasons for the inadequate protection of lawyers' rights in our country, analyzes it and puts forward some ways to improve it. This paper mainly studies the lawyer's right of practice, and the protection of the lawyer's own rights and interests is the premise and result of the protection of the lawyer's right of practice in essence, and is not the core and focus of this paper. The research of this thesis is divided into four chapters: chapter one: Overview of lawyer's right guarantee system. Through the introduction of lawyers' rights, we systematically recognize what rights lawyers in our country enjoy in the course of their practice; through the elaboration of the relationship between lawyers' rights and civil rights, To understand the significance of safeguarding lawyers' right to practice for the protection of citizens' fundamental rights; to raise the protection of lawyers' rights to the height of human rights protection by summarizing the relationship between lawyers' rights and the construction of the rule of law in China. We will promote the construction of socialist democracy and the rule of law with Chinese characteristics. This paper introduces the development and vicissitude of the lawyer's right guarantee system in our country, understands the historical background of the lawyer's system in our country, and provides the basis for the analysis of the reasons below. The second chapter: the analysis of the foreign lawyer's right safeguard, draw lessons from. In this paper, the author expatiates on the protection of lawyers' rights in several representative countries of Anglo-American law system and civil law system, and makes a comparative analysis to find out the gap between China's lawyer's right guarantee system and foreign lawyer's right guarantee system. Then it provides useful reference and reference for the perfection of our lawyer's right guarantee system. Chapter three: the analysis of the current situation and the reasons of the lack of the guarantee system of lawyers' rights in our country. First of all, it interprets the regulations on protecting lawyers' right to practise according to law from two aspects of theory and practice, then expounds the current situation of the protection of lawyers' rights in our country, and points out the deficiencies in the system of safeguarding the rights of lawyers in our country at the present stage. At last, the paper analyzes the reasons of insufficient protection, so as to solve the problem easily. The fourth chapter: perfect our country lawyer right safeguard system. From the system level, we perfect our lawyer's right guarantee system. Firstly, citizens should strengthen their constitutional consciousness and construct the legal culture of socialism with Chinese characteristics, and then support the protection of lawyers' rights through legislation: perfecting the provisions of lawyers' rights protection and establishing the relief mechanism of lawyers' rights; Then in the judicial level to protect the rights of lawyers: to build a legal professional community, improve the comprehensive quality of judges and prosecutors; finally, through improving the lawyer practice environment, Improve the quality of lawyers to improve the protection system of lawyers' rights. In conclusion, it is an important content to construct a socialist country ruled by law with Chinese characteristics to further emphasize the reality and necessity of the protection of lawyers' rights, and to perfect the protection system of lawyers' rights in our country by using foreign experience for reference.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.5

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