论司法活动中律师功能的发挥及其改进

发布时间：2018-06-23 20:05

本文选题：司法活动 + 律师功能　；参考：《首都经济贸易大学》2017年硕士论文

【摘要】：律师的功能是指律师通过参与诉讼等司法活动对于当事人和社会的作用。本文在回顾相关律师的功能研究成果的基础上,结合现实中律师功能发挥的情况,指出了律师功能在经过历次法律修改之后仍不能达到理想状态的现实。律师“会见难”、“阅卷难”、“取证难”等“老三难”问题还没有彻底解决,律师“发问难”、“质证难”、“辩论难”等“新三难”问题凸显出来,律师的执业依旧处于“困境”之中;媒体不时报出的关于律师与司法机关“关系”紧张现象,引发对律师执业权利保障问题的思考。在提出上述问题的基础上,本文进而分析导致律师功能不能充分发挥的制度的、社会的、传统观念的原因,指出发挥律师“维护当事人合法权益的功能、维护法律正确实施的功能、维护社会公平和正义的功能”需要进一步采取的措施。法律的生命在于实现。包括律师在内的法律人,是法律坚定的信仰者,也是法律的实现者。党的十八届三中、四中全会之后,以“审判为中心”的司法改革正在深入进行中,包括《律师法》在内的法律法规也正处于修订的过程中。站在新的历史节点上审视律师的功能,无论是通过立法增列权利还是采取具体措施完善救济,律师功能都应当在司法活动中得到更加充分的发挥。
[Abstract]:The function of lawyer refers to the role of lawyer to the client and society through judicial activities such as taking part in litigation. On the basis of reviewing the research results of related lawyers' functions and combining with the actual situation of lawyers' functions, this paper points out the reality that the lawyer's function can not reach the ideal state after successive legal amendments. The problems of "difficult to meet", "difficult to read papers", "difficult to obtain evidence" and so on have not yet been thoroughly resolved. The "new three difficulties", such as "difficult to ask questions", "difficult to cross-examine", "difficult to debate", and so on, have been highlighted. The practice of lawyers is still in "dilemma", and the tense phenomenon about the relationship between lawyers and judicial organs, which is reported by the media from time to time, leads to the consideration of the protection of lawyers' right to practice. On the basis of the above questions, this paper further analyzes the causes of the institutional, social and traditional concepts that lead to the failure of the lawyer's function, and points out that the lawyer's function of "safeguarding the legitimate rights and interests of the client" is brought into full play. Further measures should be taken to safeguard the function of the correct enforcement of the law and the function of social fairness and justice. The life of law lies in realization. A legal person, including a lawyer, is a firm believer in the law and an implementer of the law. After the third Central Committee of the 18th CPC Central Committee, after the fourth Plenary session of the CPC Central Committee, the judicial reform with "trial as the center" is in progress, and the laws and regulations, including the lawyer's Law, are in the process of being revised. Standing on the new historical node to examine the function of lawyers, whether through legislation to add rights or to take specific measures to improve relief, lawyers should be more fully played in judicial activities.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.5

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