论律师信用系统及其建设问题

发布时间：2018-06-12 05:14

本文选题：律师信用 + 信用系统　；参考：《华南理工大学》2013年硕士论文

【摘要】：诚信是律师事业的基石，是律师珍贵的无形资产。目前，我国律师行业的诚信缺失现象时有发生，严重损害了当事人的合法权益，而且，大多数诚信的律师往往需要为个别律师的不诚信行为买单，这对我国法治社会的构建造成了十分不利的影响。建设律师诚信制度能够有效提高整个律师行业的专业服务水平，保障当事人的合法权益，提升律师群体的社会地位。建设律师诚信制度首先要明确律师职业诚信的标准，但由于律师诚信与否是对职业道德水平的综合评价，而道德水平的高低又很难用统一的标准进行衡量。因此，对一个律师的诚信度的考查往往需要借助一个可丈量的媒介——律师职业道德水平的外在表现形态——律师信用。律师信用来自于其履行律师职业角色义务所获得的社会认可度的累积。“陌生人”社会时代的来临，使得陌生人之间的信任建立成为了一个重要课题。律师信用系统应运而生。它是由权威的征信机构搭建并主管运行，从司法行政机关、律师协会、律师本人、委托人等各处收集律师履行其职务角色义务的信用信息，将其加工、评级、整理成为信用报告，并以一定形式公开披露或向指定人群定向披露，为潜在委托人选聘律师和当事人与律师工作交往中提供参考，为行业协会加强自律和行政管理机构加强监督管理提供依据，产生让守信者受益、失信者受损的效益的一个信息系统。着眼于律师信用系统的建设的必要性与可行性，以设立制度的最终目的和实践的需要为基准，运用软件工程学科的理论，以用户需求为出发点，，从建设律师信用系统的角度，研究律师诚信制度建设的关键点和侧重点，为建设律师诚信制度提供参考是具有一定实践意义的。律师信用系统的建设必须从我国的实际情况出发，分析委托人和行政管理部门等多个群体对律师诚信的需求和关注点，明确律师信用信息应包含哪些内容，提出合理可行的信息采集方法，探讨信用评级指标体系和评级方式，提出合理可行的律师信用信息披露建议，并对披露内容和方式的合法性进行论证分析，研究披露信用信息可产生的社会效益，最后，由律师信用系统的建设引申分析律师诚信制度建设的关键点和侧重点，对配套的法律和法规提出完善建议。
[Abstract]:Honesty and credit is the cornerstone of lawyer's cause and the precious intangible asset of lawyer. At present, the lack of good faith in China's lawyers industry occurs from time to time, which seriously damages the legitimate rights and interests of the parties. Moreover, most honest lawyers often need to pay for the dishonest behavior of individual lawyers. This to our country rule of law society construction has caused the very unfavorable influence. The construction of lawyer honesty system can effectively improve the professional service level of the whole lawyer profession, protect the legitimate rights and interests of the client, and promote the social status of the lawyer group. In order to build a lawyer's honesty system, we must first make clear the standard of lawyer's professional honesty, but because the lawyer's honesty or not is a comprehensive evaluation of the professional ethics level, the level of moral level is difficult to be measured by a unified standard. therefore The examination of a lawyer's honesty often needs the help of a measurable medium-the external manifestation of lawyer's professional ethics level-lawyer's credit. Lawyer's credit comes from his performing the duty of lawyer's professional role. The accumulation of social recognition. With the advent of the "stranger" society, trust between strangers has become an important issue. Lawyer credit system arises at the historic moment. It is set up and run by authoritative credit agencies. It collects credit information from judicial administrative organs, lawyers' associations, lawyers themselves, clients and so on to fulfill their duties and duties, and processes and grades them. Collate them into credit reports, and disclose them publicly in a certain form or to a designated group of people, so as to provide a reference for potential clients to select and hire lawyers and clients to work with lawyers. To provide the basis for the trade association to strengthen the self-discipline and the administrative organization to strengthen the supervision and management, and to produce an information system that will benefit the trustkeepers and damage the benefit of the dishonest, and focus on the necessity and feasibility of the construction of the lawyer's credit system. On the basis of the ultimate purpose of establishing the system and the need of practice, using the theory of software engineering, taking user demand as the starting point, and from the angle of constructing lawyer's credit system, this paper studies the key points and emphases of the construction of lawyer's credit system. It is of certain practical significance to provide reference for the construction of lawyer's honesty system. The construction of lawyer's credit system must proceed from the actual situation of our country, and analyze the needs and concerns of many groups, such as client and administrative department, to lawyer's good faith. It is clear what content should be included in lawyer's credit information, put forward reasonable and feasible information collection method, probe into credit rating index system and rating method, and put forward reasonable and feasible suggestion of lawyer's credit information disclosure. And the legitimacy of the disclosure of the content and the way to demonstrate and analyze the disclosure of credit information can produce social benefits, finally, by the construction of the lawyer credit system extension analysis of the key points and focus of the construction of the lawyer credit system. To complete the laws and regulations proposed to improve the proposal.
【学位授予单位】：华南理工大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D926.5

【参考文献】