Judge's Power To Dispose Of The Lawyer's Misconduct In Court

In recent years, the relationship between judge and lawyer is particularly tense whether in court or outside the court. Such as, lawyers "sike" judges and violate the court rules in court because of judge's violation of legal procedure,outside the courtroom lawyers "sit", "group support" to express and spread their frustration through new media and try to affect the judgment through the network public opinion,and so on.This article embarks from the phenomenon of "the conflict between judges and defenders", through the analysis of the causes of this phenomenon and harm, attempts from the perspective of refining and standardizing the rights of a judge to find new ways to solve this conflict-- the judge's power to dispose of the lawyer's misconduct in court.From several typical incidents about "the conflict between judges and defenders", the confrontation of the view about the problem between official and the community's is very compelling. Obstacles to the concept of traditional culture such as "Heavy entity light procedure","Heavy the rule of man, light the rule of law","Boredom and cheap lawsuit ",are the historical roots of this phenomenon.The trial not independent,procedural rules lacking of institutional guarantee,are institutional defect.Judges and lawyers despise and hurt each other and do not respect each other,the dissimilation on the relations of the prosecutor and the defendant and the trial lead to the power-right restriction imbalance, which are social roots about this problem.Of course,the reasons for this phenomenon are many and complex,and different people have different views.So this article tries to focus on this point of the judge's power to dispose of the lawyer's misconduct in court. Clearing the scope of the judge's power and regulating the power running program to prevent the judge's power invasions on the rights of lawyers.First of all, the urgent needs of the judicial authority and litigation economic efficiency value constitute the basis for the legitimacy of the judge's power to dispose of the lawyer's misconduct in court; the domestic and foreign laws and regulations are the direct source of the power; litigation command principle of the judge decided the judge's power is a kind of litigation authority aims to maintain order of litigation and guarantee procedure.Secondly, sorting and summing up the characteristics and classification of the power from our existing legal norms. The judge's power to dispose of the lawyer's misconduct in court can be roughly divided into judicial coercive power, judicial suggests and the right of handing over. While the trial procedure directly of contempt of court in the west is worthy of our learning.Finally,analyses on the defects on the establishment and operation of such power, including unclear power range, inadequate legislative procedure and formalized relief procedure.So clearing the applicable condition of power, principles and procedures, and establishing the special procedure of exercising this power, improving the judicial relief system of lawyers are to prevent this seemingly "authoritarian" power of the judge from violating lawyer's rights, so as to realize the ordering of the court and the consciousness of judicial authority.