从李庄案探析我国律师的执业困境

发布时间：2018-05-14 09:08

本文选题：李庄案 + 诚信　；参考：《西北师范大学》2012年硕士论文

【摘要】：律师执业环境的好坏反映着一个国家的法治进程，对法治进程的进退有着举足轻重的影响。1997年，我国新《律师法》的颁布虽然使我国律师的执业环境有所改善赋予了律师许多前所未有的权利，也确定了律师的合法地位，为深受古代讼师不良影响的现代律师正了名；但在司法实践中，，律师的处境依然很困难，很难充分发挥其特有的功能。2009年，随着重庆“打黑”运动轰轰烈烈的开展，李庄案成为了众矢之的，引发了一直以来为大家所关注的关于律师执业困境存在着许多阻碍律师发挥其重要作用的因素大讨论。虽然李庄案并不是我国第一起维护律师权利的案件，但它却全面的反映了我国律师在司法实践中的执业困境。它反映出了我国律师在执业过程中遭受的种种不公的待遇，得不到公众的信任，控辩双方权利严重失衡，辩护变成了“白辩”，仅有的几项可怜的权利也动不动就会被无缘无故的剥夺，还深受《刑法》306条的威胁，自己和犯罪嫌疑人就是一墙之隔，律师的种种尴尬的处境值得进行研究。本文运用实证分析法、综合分析法和文献分析法对我国律师目前尴尬的执业处境进行了全面的考察，结合了《刑法》、《刑事诉讼法》和新《律师法》的相关法律条文，分析了导致我国律师执业困境的各种原因，分析现阶段我国的立法缺陷和法治环境的缺陷，并借鉴了国外专家的一些观点，提出了自己的一些建议以期能对改善我国律师执业的环境的司法实践带来一些启发。本文分为三个部分：第一部分是李庄案的案情回顾以及案件所反映出来的一些问题；第二部分是对李庄案所反应出来的一些列问题产生的危害及其产生的原因进行分析；最后一部分是笔者就上述问题所提出的一点自己的建议。
[Abstract]:The practice environment of lawyers reflects the process of the rule of law in a country, and has an important influence on the progress of the rule of law. Although the promulgation of the new lawyer Law in China has improved the practice environment of lawyers in our country, it has endowed lawyers with many unprecedented rights, and also confirmed the legal status of lawyers, which has become the name of the modern lawyers who have been adversely affected by the ancient lawyers. But in the judicial practice, the lawyer's situation is still very difficult, it is very difficult to give full play to its unique function. In 2009, with the "fight against the black" movement in Chongqing, the Li Zhuang case became the target of the public. It has caused a lot of discussion about the lawyer's difficult position in practice, which hinders the lawyer to play its important role. Although the Li Zhuang case is not the first one to protect the lawyer's rights, it reflects the practice dilemma of the lawyer in our country. It reflects the unfair treatment experienced by lawyers in our country in the course of practicing, which is not trusted by the public. The rights of both sides of the prosecution and defence are seriously out of balance, and the defense has become "white debate". Only a few poor rights can easily be deprived of for no reason, but also by the "Criminal Law" 306 threats, themselves and the suspect is separated from the wall, the lawyer's various embarrassing situation worth studying. This paper uses the empirical analysis method, the comprehensive analysis method and the literature analysis method to carry on the comprehensive investigation to our country lawyer's awkward practice situation at present, has combined the relevant legal provisions of the Criminal Law, the Criminal procedure Law and the new lawyer Law. This paper analyzes the various reasons leading to the dilemma of lawyer practice in our country, analyzes the defects of legislation and legal environment in our country at the present stage, and draws lessons from the views of foreign experts. Some suggestions are put forward in order to bring some inspiration to the judicial practice of improving the practice environment of lawyers in our country. This article is divided into three parts: the first part is the case of Li Zhuang case review and some problems reflected in the case; The last part is the author's own suggestions on the above-mentioned issues.
【学位授予单位】：西北师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.5

【参考文献】