和谐新型的检律关系构建研究

发布时间：2018-06-25 03:33

本文选题：检察机关 + 律师　；参考：《山东师范大学》2017年硕士论文

【摘要】：我国的法律属于社会主义法系,与英美法系和大陆法系有着很大的不同。虽然英美法系和大陆法系的检律关系自成体系、协调统一,但是我们只可以取其精华而弃之糟粕,不能生搬硬套,这是由我国具有特定的国情和司法环境,需要建立适合我国现实法治建设的和谐新型的检律关系所决定的。我国宪法明确规定检察机关是我国的法律监督机构,长期以来检察机关比律师拥有更多的公权力,在诉讼活动中检察机关与律师的对抗存在现实的不平衡、不对等,因此如何保障律师的执业权利,提高检察官和律师在诉讼活动中的平等性,是构建和谐新型的检律关系的着力点和难点。面对刑事诉讼实践中检律关系双方权力的不对等所凸显的现实问题,本文拟从如何保障律师执业权利,增强检律双方对抗性等方面提出一定的思考和回应。通过概括我国新时期检律关系的特点,重点分析现阶段检律关系存在的各种问题,并对比新中国成立以来各时期律师权利的发展,从而对各级检察机关如何保障律师的职业权利以及检律双方如何共同努力构建和谐新型的检律关系提出建议。通过探讨律师执业权利的内容,分析以往检察机关对律师执业权利进行侵犯的原因,以论证建立保障律师执业权利的救济机制,提升律师的对抗性。同时促使检察官转变观念,理性地看待律师的诉讼地位和诉讼作用,以达到规范检察官的检察行为,提高司法公信力的目的。此外通过分析检察官和律师在诉讼活动中的不当思维和不良行为,提出相关建议以规范检律双方的诉讼行为,提高检律双方的执法理念和职业素养。构建和谐新型检律关系使检察官和律师在各自的履职行为中实现良性互动,共同维护社会的公平正义。
[Abstract]:The law of our country belongs to the socialist law system, which is very different from the common law system and the civil law system. Although the relationship between the common law system and the civil law system has its own system and is coordinated and unified, we can only choose its essence and discard the dross instead of copying it mechanically. This is due to the specific national conditions and judicial environment in our country. It is necessary to establish a new harmonious relationship between the law and the law, which is suitable for the construction of the rule of law in our country. The constitution of our country clearly stipulates that the procuratorial organ is the legal supervisory organ of our country. For a long time, the procuratorial organ has more public power than the lawyer, and the confrontation between the procuratorial organ and the lawyer is unbalanced and unequal in the litigation activities. Therefore, how to protect the lawyer's right of practice and improve the equality of procurators and lawyers in litigation activities is the focus and difficulty of constructing a harmonious new relationship between procurators and lawyers. In the face of the practical problems of the unequal power between the two parties in the practice of criminal procedure, this paper puts forward some thoughts and responses from the aspects of how to protect the lawyer's right to practise, and how to strengthen the adversarial of both sides. By summarizing the characteristics of the law procuratorial relationship in the new period of our country, this paper focuses on the analysis of various problems existing in the law procuratorial relationship at the present stage, and compares the development of lawyers' rights in various periods since the founding of New China. Therefore, some suggestions on how to protect the professional rights of lawyers and how to work together to build a harmonious new relationship between procuratorial organs and law procurators are put forward. Through discussing the content of lawyer's right of practice, this paper analyzes the reason why the procuratorial organ infringed on the lawyer's right of practice in the past, in order to prove the establishment of relief mechanism to protect the lawyer's right of practice, and to promote the adversarial of lawyer. At the same time, it urges the procurator to change his idea and to treat the lawsuit status and action function of the lawyer rationally, in order to standardize the procuratorial behavior of the procurator and improve the judicial credibility. In addition, by analyzing the improper thinking and bad behavior of prosecutors and lawyers in litigation activities, this paper puts forward some relevant suggestions to standardize the litigation behavior of both parties, and to improve the law enforcement concept and professional accomplishment of the prosecutors and lawyers. The construction of a harmonious new relationship between procurators and lawyers enables public procurators and lawyers to achieve positive interaction in their respective performance of their duties and jointly safeguard social fairness and justice.
【学位授予单位】：山东师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.3;D926.5

【相似文献】