我国律师执业权利保障研究

发布时间：2018-03-15 22:21

本文选题：律师　切入点：权利　出处：《华中师范大学》2011年硕士论文　论文类型：学位论文

【摘要】：律师制度是诉讼中一项十分重要的制度。把律师引入到诉讼程序中,让其站在当事人一边,赋予其广泛的诉讼权利以维护当事人的合法权益,并将其参与的程度、状况如何看作是诉讼法治化的重要指标,是基于当事人的自身特点和诉讼地位的特别需要,也是基于在诉讼活动中对权力的制约和监督,维护司法公正、维护社会正义的需要。新《律师法》中律师的权利得到了较大的发展,这就为改善律师执业环境、充分发挥律师的职能作用提供了有力的法律保障。但从已规定的权利的实效性和权利的充足性角度分析,新《律师法》仍然存在缺憾,在现实社会中,简略、笼统的立法规定解决不了律师在执业中遇到的各种干预,以致会见权、阅卷权、调查取证权的行使仍然困难重重,这些问题的存在必然会影响律师作用的充分发挥,乃至影响整个国家的民主、法制进程。本文主要从四个方面进行论述：第一部分：主要介绍了律师执业权利的内涵和基础,包括律师权利的概念及内容,以及保障律师执业权利的理论基础。第二部分：主要从两个方面对域外关于律师执业权利保障进行考察,首先介绍国外的一些律师执业权利保障的特点和区别,进而引出对律师执业权利保障的启不. 第三部分：主要从我国实践出发,总结出我国律师执业权利保障中的问题,包括立法、司法、管理体制和观念四个部分,然后分析了引起这些问题的原因。第四部分：提出完善我国律师执业权利的对策,主要有完善相关立法、实现控辩平衡、重建律师管理体制和改善律师执业环境,希望通过这些措施推动我国刑事诉讼进一步民主化、制度化。
[Abstract]:The lawyer system is a very important system in litigation. The lawyer is introduced into the litigation procedure, let him side with the litigant, endow him with extensive litigation right to protect the legitimate rights and interests of the litigant, and the degree of their participation. How to regard the situation as an important indicator of the legalization of litigation is based on the characteristics of the parties and the special needs of the status of the litigation, and also on the restriction and supervision of the power in the litigation activities, so as to safeguard the judicial justice. The need to safeguard social justice. The rights of lawyers in the new Law on lawyers have been greatly developed, which is in order to improve the environment for lawyers to practise. Giving full play to the function of lawyers provides a powerful legal guarantee. However, from the point of view of the effectiveness of the rights already stipulated and the adequacy of the rights, there are still shortcomings in the new lawyer's Law. In the real society, the law is brief. The general legislative provisions can not solve all kinds of interference encountered by lawyers in their practice, so that the exercise of the right to interview, the right to read papers and the right to investigate and collect evidence are still very difficult, and the existence of these problems will inevitably affect the full play of the role of lawyers. And even affect the process of democracy and the rule of law throughout the country. This article mainly discusses from four aspects:. The first part mainly introduces the connotation and foundation of lawyer's right of practice, including the concept and content of lawyer's right, and the theoretical basis of protecting lawyer's right of practice. The second part: mainly carries on the investigation from two aspects about the lawyer's practice right safeguard, first introduces some foreign lawyers' practice right safeguard characteristic and the difference, then leads to the lawyer's practice right safeguard not to inspire. The third part: from the practice of our country, summarizes the problems in the protection of lawyers' right of practice, including legislation, judicature, management system and concept, and then analyzes the causes of these problems. Part 4th: put forward the countermeasures to perfect the lawyer's right to practise in our country, mainly include perfecting the relevant legislation, realizing the balance of prosecution and defense, rebuilding the lawyer's management system and improving the lawyer's practice environment. Through these measures, we hope to promote the further democratization and institutionalization of criminal proceedings in our country.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5

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