Research On The Problems And Countermeasures Of The Relationship Between Judges And Lawyers In China

With the advancement of running the state affairs according to law in our country,People's expectations and demands for judicial justice are becoming higher and higher.Then the relationship between judges and lawyers has aroused great concerns.Judges and lawyers are engaged in legal work,they achieve social fairness and justice as their common goal.Judicial justice plays an important role in social justice,which supplies the guarantee for social justice.The relationship between judges and lawyers make significant influence on judicial justice,even social justice.Therefore,dealing with the existing problems between judges and lawyers and finding out the solutions to these problems,which is crucial to the modernization of the rule of law.Through the research on this project,the author combines some of his own experience and hopes he can do his best to solve the problems of the relationship between judges and lawyers.This thesis is divided into four parts,as follows:The first part is an overview of the relationship between judges and lawyers in China.Firstly,it introduces the concept and characteristics of judges and lawyers.Then it analyzes the relationship between judges and lawyers in general.The author thinks that the relationship between judges and lawyers should be independent,mutual respect,mutual supervision and mutual cooperation.The second part is the problem of the relationship between judges and lawyers,which is discussed from four aspects to expound the problems existing in the relationship between judges and lawyers in China:unequal dependency,career misplacement,irregular blending and improper confrontation.It describes some bad phenomena of the relationship between judges and lawyers in our country,and the harm caused by these bad phenomenaThe third part is talking about the causes of the relationship between judges and lawyers in China.This part makes a detailed analysis on the causes for the above problems through four aspects:traditional culture,social environment,legal system and legal practitioners.All things have cause and effect.After having identified the problem,the cause to that must be found out.The fourth part is the countermeasures to improve the relationship between judges and lawyers.Based on the principle of finding problems,analyzing them and solving them,the author puts forward some suggestions from the aspects of system and ethics:First,strengthen the legal education;second,consolidate the construction of legal professional ethics;third,protect and improve the independence of judges;fourth,enhance the status of lawyers and their ability of negotiation.