Research On The Relationship Between Judges And Lawyers

The position and function of judicature in the national and social life is increasingly important. People's expectation and demand of justice are more urgent, and the judicial corruption problems as the corruption of judges, the crime of lawyers and other cases which are fixed people's eyes on. Moreover, people are increasingly concerned about the relationships between judges and lawyers. Although the division of judges and lawyers is different, they are both members of the legal professional community, which safeguard fairness and justice and judicial fairness as the duties. Judicial justice is the bottom line of social justice, and the correlations of judges and lawyers have a very significant impact on judicial justice and even fairness and justice of society. In today's China, the intense relationships between judges and lawyers have constituted special scenery line. If they work in collusion with each other, it will seriously disrupt the dignity of the law and the authority of judiciary; Conversely, if they handle cases according to law rigorously, safeguard social fairness and justice, it will realize judicial justice maximumly and promote the formation of law-governed society acceleratingly. Therefore, it is important and urgent to treat and study of the relationships between the judges and lawyers correctly in the current law modernization process.Although the current serious judicial corruption is the significant reason of arousing social concern on the relationships between judges and lawyers, we can not confined to view and analyze the relationships between judges and lawyers from the phenomenon of judicial corruption. Otherwise narrow observation and analysis perspective will not fundamentally solve any substantial issues. Therefore, the authors try to put the relationships between judges and lawyers in the background of law modernization process of China, using sociology, ethics and legal knowledge and methods to analyze the relationships between the two comprehensively-granted relationship and real relationship between judges and lawyers, and analyzing the reasons of the cause of difference of granted relationship and real relationship, discussing the realization towards the granted relationship of legal path, etc. The thesis is divided into four parts:The first part, the thesis detailed analyzes the five relationships between judges and lawyers under the granted relationship state, namely the equal relationships of mutual independence, professional relationships of mutual respect, positive correlation of symbiosis, negative correlation of counterbalancing relationships and normal contact relationships out of lawsuit.The second part, the thesis combines the current situation of the rule of law and the actual judicial process to describe the four relations under the state of real relationship between judges and lawyers, which is unequally dependent relationship, malposed relationship of professional--malposed relationship of employed and marginal employed, the unfairly "blend" relationship, and unreasonable relationship. Meanwhile, the thesis analyzes negative consequences of the real relationship between judges and lawyers, and highlights these various hazards and defects.The third part, the thesis combined with law, sociology and ethics knowledge and method, using comparative analysis and logic analysis and other methods, describing elaborately the main eight reasons of causing the granted relationship and real relationship between judges and lawyers, namely historical reasons; In China, modern judge system and lawyer system went through twists and turns, it will have a process of localization; the influence of social environment; the influence of the defects of legal education; judiciary is not independence, the judge are not independence; the influence of "lighten the procedures, weight the entity"; too much discretion of judges; Lawyers and bar are weak in social forces and legal status.The fourth part, the foothold of the thesis analyzes how to realize the granted relationship of legal path between judges and lawyers.