Study On The Conflict Between The Lawyer And The Judge

In our criminal trial,the reasonable state of trial proceedings is a positive confrontation between the prosecution and the defense,and the judge remained objective and neutral,centered on the referee.Both sides of the prosecution and defense actively communicate with the judge.They rely on the judge and trust the judge.However,in judicial practice,there are conflicts and contradiction between the lawyer and the judge.Conflicts between the procurator and the lawyer has transformed to conflicts between the lawyer and the judge,which has aroused widespread concern.The confrontational behavior also has a greater impact on the society.Since the implementation of the new laws and regulations in 2012,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of public security and other departments have also issued a number of opinions on a further guarantee of the rights for lawyers and judges,on the rules and regulations for the order to strengthen the provisions and constraints.However,in the process of implementation,conflicts between the lawyer and the judge still exist,and the acts of violating the rights of lawyers and affecting the order of the court also exist.This is not conducive to building a harmonious relationship between the lawyer and the judge and the establishment of court order,and finally affect the overall goal of comprehensively promoting the rule of law.Therefore,by analyzing the current situation,the background and the reasons of the conflict between the lawyer and the judge,it is helpful to put forward effective measures to solve the conflict problems,to improve the debate relationship and to regulate the order,which is in order to make a comprehensive contribution to the rule of law.This paper provides some cases of specific trial practice,starts from the concept,meaning and principle of conflicts between the lawyer and the judge,and then expounds the actual situation of our country's present debate conflicts and its impact on the judicial practice in China.By analyzing the current situation of the conflicts,this paper summarizes the reasons leading to the conflicts,which are divided into five aspects: ideology,litigation structure,system design,subjects failure,lack of skills,and finally provides the solution to this problem.