律师职业实践中的道德困境探讨
发布时间：2019-01-03 09:32
【摘要】：律师自古以来就是一个充满争议的头衔,不论其身份和地位如何变换,他们一直都是“戴着镣铐跳舞的人”,职业的特殊性赋予其特殊权利的同时必然有诸多限制,法律与道德的微妙关系更是使律师无所适从,进退维谷。八面玲珑的律师能否顺利走出职业实践中的道德困境是笔者较为关心的问题。 重庆打黑风暴以狂风扫落叶的速度震惊了全国,其中原重庆司法机关的众多高层干部的名字与黑老大的并联,引起了社会的广泛关注。在这一过程中,出彩的不仅是黑老大们,还有与其相联系的另一类群体,那便是为黑老大辩护的律师们。一夜之间,律师因应承黑老大的辩护而名声大噪。律师造假门的爆发,也使得很多险中求胜的律师们一度小心翼翼。律师在以后的工作中应如何自处,是个值得探讨的问题。笔者在本文中欲解决的主要问题有：第一,律师是否是“坏人”的帮凶以及律师拒辩是否与当事人是“坏人”有关；第二,律师是否为正义的化身以及律师形象的纠偏；第三,律师是否都会被利益诱惑成为当事人的代言人。第四,律师如何走出道德困境。本文正是以重庆打黑为背景引出了对律师职业实践中的道德困境的关注,分析其原因,进而进行探索律师摆脱道德困境的方法。
[Abstract]:Lawyers have been a controversial title since ancient times. No matter how their status and status change, they have always been "people dancing in shackles." the particularity of their profession gives them special rights, but there are bound to be many restrictions at the same time. The delicate relationship between law and morality makes lawyers at a loss. The author is concerned about whether the lawyer can get out of the moral dilemma in professional practice. The storm has shocked the whole country with the speed of heavy wind sweeping the fallen leaves. Among them, the names of many senior cadres of the former Chongqing judicial organs are connected with the black boss, which has aroused widespread concern in the society. In the process, it was not only the black bosses, but also the other groups associated with them, lawyers who defended him. Overnight, the lawyer became famous for accepting the black boss's defense. The outbreak of false door lawyers, but also many of the risk of winning lawyers at one time cautious. It is worth discussing how the lawyer should deal with himself in the future work. The main problems that the author wants to solve in this paper are as follows: first, whether the lawyer is an accomplice of the "bad man" and whether the lawyer's refusal to defend is related to the client being the "bad person"; second, whether the lawyer is the embodiment of justice and the correction of the lawyer's image; Third, whether lawyers will be tempted by interests to become the spokesman of the client. Fourth, how to get out of the moral dilemma. This paper is based on the background of Chongqing to draw attention to the moral dilemma in the practice of lawyers, analyze its reasons, and then explore the methods of lawyers to get rid of moral dilemma.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5;B82-051
本文编号：2399199
[Abstract]:Lawyers have been a controversial title since ancient times. No matter how their status and status change, they have always been "people dancing in shackles." the particularity of their profession gives them special rights, but there are bound to be many restrictions at the same time. The delicate relationship between law and morality makes lawyers at a loss. The author is concerned about whether the lawyer can get out of the moral dilemma in professional practice. The storm has shocked the whole country with the speed of heavy wind sweeping the fallen leaves. Among them, the names of many senior cadres of the former Chongqing judicial organs are connected with the black boss, which has aroused widespread concern in the society. In the process, it was not only the black bosses, but also the other groups associated with them, lawyers who defended him. Overnight, the lawyer became famous for accepting the black boss's defense. The outbreak of false door lawyers, but also many of the risk of winning lawyers at one time cautious. It is worth discussing how the lawyer should deal with himself in the future work. The main problems that the author wants to solve in this paper are as follows: first, whether the lawyer is an accomplice of the "bad man" and whether the lawyer's refusal to defend is related to the client being the "bad person"; second, whether the lawyer is the embodiment of justice and the correction of the lawyer's image; Third, whether lawyers will be tempted by interests to become the spokesman of the client. Fourth, how to get out of the moral dilemma. This paper is based on the background of Chongqing to draw attention to the moral dilemma in the practice of lawyers, analyze its reasons, and then explore the methods of lawyers to get rid of moral dilemma.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5;B82-051
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