Resraech On The Legal Regulation Of Lawyers' Out-of-court Speech

With the arrival of the era of we-media,lawyers have seen the great advantages of making a voice on the Internet platform to gain self-interested litigation resources.However,in order to achieve selfish action,some lawyers improper comments on the net,malicious guide public opinion direction,trying to build "trial" of public opinion,to put pressure on the judge,the purpose of the trial results.At present,there are some problems in the legislation and regulation of the lawyer's out-of-court speech.Therefore,on the basis of objective analysis in China and outside of law court regulation pattern,the regulation principle of speech,thus for our country to find a legitimate and reasonable regulation law of the way of speech,it is very necessary.In view of this,The article first summarizes the concept,characteristics,classification and other contents of the lawyer's out-of-court speech,and analyzes the existence of Chinese lawyer's out-of-court speech from the aspects of advantages and disadvantages.In addition to that,the author analyzes the present situation of Chinese lawyer's out-of-court speech,and sums up the existing argumentative confrontation mode and the countermeasure mode.At the same time,by using E.E.Schattschneider's "conflict theory" as the foundation,analyzes the deep reason of lawyer comments made out of court,then to our country existing on legislation and regulation law court speech industry specifications listed and analyzed.At the same time,from the perspective of comparative law,the regulation of foreign lawyers' out-of-court speech is analyzed.Taking United States,Britain and Germany as examples,the paper compares the advantages and disadvantages of the existing "relative free mode" and "strict prohibition mode" in the outside world,so as to draw lessons for China.At last,regulation law of the legitimacy of speech in China were discussed and the rule of law risk,has been clear about the regulation law of speech need principle,puts forward the regulation law ofpractical and feasible measures of speech,and engaged in both banned before and after the event to punish the lawyer out-of-court comments for improper behavior can take compulsory measures.