Study On The Relationship Between Judges And Lawyers

Judges and lawyers are engaged in legal work, and they work with each other and work together to maintain the impartiality of the law and also to seek the achievement of justice. In recent years, the relationship between judges and lawyers has emerged alienation, which appears "mixing relations", handling "monetary" cases, confronting and making things difficult for each other. And the alienation of this relationship is more serious now, which has greatly endangered the fair of administration of justice and damaged the dignity of the law, and also caused widespread discontent in the whole society. Although the authorities have introduced a number of provisions to prevent and suppress, it has yielded minimal results and has become a malpractice of our society which is difficult to criticism.Therefore, the relationship between judges and lawyers has become a social problem. Through this research topic, it not only can restore the healthy relationship of judges and lawyers, but also can be helpful to solve the institutional problems in the reform of the judicial system.The author in this dissertation exerts the knowledge of jurisprudence, demotic and ethnics to detect the malpractices in our legal systems by way of logical analysis, regulating analysis, data analysis and comparing analysis. In this procedure, she makes good use of her own experience as a lawyer and her own understanding of relationships between lawyers and judges, with the attempt to find resolutions. All that the author wants is that as a jurisprudent, her efforts and research would do something helpful to the judicial construction of China.The dissertation contains mainly four parts: In the first part the ,from a sociological point of view of the multiplicity of judges and lawyers, the author discusses the malpractices of relationships, between judges and lawyers in China, and then some detailed descriptions about kinds of ill phenomena relating to the relationships are given particularly. The second part refers to some reasons for it. The author expounds her ideas from four aspects: historical reasons, social reasons, institutional reasons and reasons arising from the practitioners themselves. In the third part, by summing up and studying the analyses of experts, the author describes the state she considers right in the relationships between the two. She thinks that these relationships should be explained to be mutually independent, mutually respective, mutually cooperated, mutually restricted and mutually communicational as well, and then the author explains these contents and values containing to these relations. In the last part, to rebuild the healthy relationship of judge and lawyer, the author gives out four suggestions by way of learning from foreign countries: firstly, jurisprudential education should be enhanced, in order to achieve more agreements; secondly, professional ethic education should also be enhanced to bound themselves and others ; thirdly, the independence of judges should be better guaranteed, and fourthly, we should do more to improve the position of lawyers, and to guarantee their legal rights.