The Study On The Regulation Of Lawyers' Out-of-Court Speech

Lawyers' out-of-court speech is their right of free expression, but some lawyers want to arouse public attention and attract the media focus out of the proceedings by publishing a number of untrue, false statements, and intend to put pressure on judges and to control the effect of the trial. At this stage, lawyers' code of conducts in China are lack of maneuverability and the emergence of new media is changing some of the characteristics of traditional media,which makes lawyers' out-of-court speech show the dangers of a new trend.Therefore, to improve the standard in speech regulation----could reasonably be considered damage justice is urgent and necessary.In this paper, the issue divides into four parts. In addition to the introduction, the full text includes 26,000 words.The first part summarizes the basic concepts and features of lawyers' speech outside the court and outlines the relationship between lawyers' speech and the right of freedom of expression and so on.In addition,it also evaluates the lawyers' out-of speech from both sides.The second part reflects on the current situation of lawyers outside court speech. It analyzes why lawyers are keen to public the speech outside the court profoundly,which lay a foundation for the regulation of lawyers' speech outside court in following remarks.The third part studies extraterritorial mode about lawyers' speech out-of-court in a comparative method.The extraterritorial mode includes the“relatively free” mode and the "strictly limited" mode.The former represents the United States and the latter is in Britain and Germany on behalf. By comparison,this part provides a blueprint for the construction of regulating lawyers' out-of-speech in our country.The last part puts forwards feasible suggestions by expounding the legal basis and realistic basis of lawyers' out-of-court speech.On this basis,this part also sets forth the specific measures on regulation of lawyers' out-of-court speech.