律师在当代中国法治建设中的角色定位及作用研究

发布时间：2018-06-18 22:41

本文选题：律师 + 法治建设　；参考：《广西师范大学》2011年硕士论文

【摘要】：我国目前已经建成具有中国特色的社会主义法律体系。在这个里程碑的时刻,从法治建设的高度看我国律师制度,我国律师制度仍处在一个比较低的程度。与我国法院和检察院的改革比较,还相对落后,已经成为我国法治建设继续推进的重点区域。当然,从历史上看,我国的律师制度属于“舶来品”。而且我们的国情与西方发达国家不同,不能照搬西方法治的那套经验,律师同样不能完全走西方道路。究其原因在于律师在社会主义法治建设中的角色定位不明确,导致律师的职业性质出现偏差,在市场经济中迷失自己,不能发挥应有的作用。本文正是基于对律师职业现状的考虑,在对法治与律师关系进行论证之后,结合我国国情,从法理和实际操作两个层面提出了建议。以期,通过对我国律师制度的完善,使律师的角色定位更好的落到实处,更好的发挥律师在国家的法治建设中应有的作用。本文正文主要分四个部分：第一部分主要从律师的性质基础理论入手,采取了阶级性质与职业性质两分法,介绍分析律师的性质内涵以及其理论价值。并分析介绍了我国当前的法治程度,及法治建设的可持续发展。从而对律师和法治建设有了法理上的把握,同时也为下文把律师放在法治建设的大环境下进行论述,事先做好理论性的铺垫。第二部分是对第一部分理论的递进,将律师与法治建设统一起来,从单一的理论逐步扩展到实际国情。先从一般层面上阐述法治与律师的关系,从法治的原理出发,落脚在律师制度的原始设计。然后着重通过现实情况分析,论证了为什么当代中国法治建设更需要律师的论点。理论与实际两部分相结合,确定了律师在法治建设中的原则方向。第三部分对当代中国律师在法治建设中遇到的障碍进行了阐述,并分析了其中的原因。从制度、观念、经济等多方面进行了详细的层层剥析,又从法治的内部从立法源头开始,逐部寻找答案。希望达到从细节入手,掌握基本情况,结合中央精神,最终达到一个律师制度设计的高度的效果。第四部分是整个文章的最后一部分,是落脚之处,是全文的结论所在。本部分开门见山的提出了几项改革建议。对前面分析的问题不是逐条逐条的去回答,而是从根源上出发,提出釜底抽薪式的解决办法,希望能彻底扭转当前的尴尬局面,使律师在法治建设中发挥更大的作用。法治社会和律师制度无疑有着千丝万缕的联系。法治社会需要律师,律师促进法治社会的发展。在法治社会,法律至上,法律是最高的行为规范,法律具有最高效力;在这种以法律规范指导一切社会生活的社会,律师职业应运而生。律师是法律专家,精通法律,具有法律服务的能力和条件,能够切实满足社会主体对法律内容的了解和维护自身合法权利的需要。随着我国法治社会的逐渐建立,社会形势也不断出现新的发展,律师职业也呈现出诸多的新时代特征。我国目前正在进行社会主义现代化建设,建设社会主义法治社会、和谐社会是长期目标,律师职业对于社会发展与经济建设意义重大。律师职业在法治社会中永远发挥“社会平衡器”作用,是和谐社会、法治社会建设重要力量。所以从法治社会的视角来审视律师职业的规制,是社会发展对现代服务的现实需求,是民主法治建设的必然要求,就有十分重要的研究意义。通过上述分析,我们能得出对律师的准确定位不仅仅关系到律师行业的自身发展,更是关系到我国法治建设的平衡和良心发展,是事关国家安全稳定的大计,对律师的角色做出准确的定位,从而发挥律师应有的作用,真正达到民主法治、公平正义的社会主义社会
[Abstract]:At present, China has built a socialist legal system with Chinese characteristics. At this milestone, the lawyer system in China is still in a relatively low degree from the height of the construction of the rule of law. Compared with the reform of the court and procuratorate in China, the legal system is still relatively backward, and it has become a continuation of the construction of the rule of law in our country. Of course, from the historical point of view, our country's lawyer system belongs to "foreign goods", and our national conditions are different from that of western developed countries and can not copy the experience of the western rule of law. Lawyers can not take the western road completely. The reason is that the lawyer's role in the construction of the rule of law in the social principle is not clear, and the law leads to the law. There is a deviation in the professional nature of the teacher and can not play its due role in the market economy. This article is based on the consideration of the status of the lawyer's profession, after the demonstration of the relationship between the rule of law and the lawyer, and in combination with the national conditions of our country, from the two levels of legal and practical operation, in order to improve the legal system of our country. So that the role of lawyers can be better positioned and better play the role of lawyers in the rule of law in the country. The text is divided into four parts:
The first part, starting with the basic theory of the lawyer's nature, adopts the dual law of class nature and professional nature, introduces and analyzes the nature connotation and its theoretical value of lawyers, and analyzes and introduces the current degree of rule of law in China, and the sustainable development of the rule of law construction, which has a legal grasp of law teachers and the construction of the rule of law. For the following reasons, lawyers should be discussed in the context of the rule of law.
The second part is the progressive of the first part of the theory, which unified the lawyer and the construction of the rule of law, gradually expanded from a single theory to the actual conditions. First, the relationship between the rule of law and the lawyer is expounded from the general level. From the principle of the rule of law, the original design of the lawyer system is laid down. The rule of law in contemporary China needs more lawyers' arguments. Combining theory with practice, the two part determines the principle direction of lawyers in the rule of law.
The third part expounds the obstacles encountered by the contemporary Chinese lawyers in the construction of the rule of law, and analyzes the reasons for it. From the system, the concept, the economy and many other aspects, it has carried out a detailed layer analysis, and from the rule of law, starting from the source of the legislation, looking for the answer. Finally, the spirit of a lawyer system designed to achieve a high degree of effectiveness.
The fourth part is the last part of the whole article. It is the final part of the whole article. It is the conclusion of the full text. Make the lawyer play a greater role in the construction of the rule of law.
There is no doubt that the rule of law society and the lawyer system are inextricably linked. The rule of law society needs lawyers and lawyers to promote the development of the rule of law society. In the rule of law society, the law is supreme, the law is the highest standard of behavior, the law has the highest effect; in this society, which guides all social life with the legal norms, the lawyer's profession arises. Lawyers are at the historic moment. Legal experts, proficient in law, and have the ability and conditions for legal services, can effectively meet the needs of the social subjects to understand the legal content and maintain their legitimate rights. With the gradual establishment of the rule of law society in China, the social situation has also appeared new development, and the profession of lawyers also presents a number of new characteristics. In the construction of socialist modernization and the construction of a socialist society under the rule of law, a harmonious society is a long-term goal. The profession of lawyers is of great significance to social development and economic construction. The profession of lawyers is always playing the role of "social balancer" in the rule of law society. It is a harmonious society and an important force in the social construction of the law. The angle to examine the regulation of the lawyer's profession is the realistic demand of the social development to the modern service. It is the inevitable requirement of the construction of democracy and the rule of law, and it has very important research significance.
Through the above analysis, we can conclude that the accurate positioning of the lawyer is not only related to the self development of the lawyer industry, but also to the balance of the construction of the rule of law and the development of conscience in our country. It is a great measure of the national security and stability, and the role of lawyers is accurately positioned so as to play the role of lawyers and to truly achieve democratic rule of law. A fair and just socialist society
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5

【参考文献】