The Construction Of The Benign Relationship Between Judge And Lawyer Under The Theory Of Negotiation

Benign relationship between judges and lawyers construction related to the establishment of the judicial authority,is conducive to the judge in the process of the well to listen to the lawyer’s opinion,provides effective way for the realization of judicial justice,decision or directly affects the establishment of the legal professional community,to promote economic and social science development is of great significance.With the acceleration of the process of rule of law,the communication between lawyers and judges has become increasingly in-depth,and the relationship has been greatly improved.However,there are still disharmonious voices between the two sides due to poor communication.Then what is the current situation of the relationship between the judge and the judge? What causes the current situation of the relationship between the judge and the lawyer? How to realize the essentially benign interaction between the judge and the lawyer? In view of these problems,this paper proposes an ameliorated way of the relationship between them by using Habermas’ s theory of negotiation,so as to make the relationship return to the benign interaction of the legal community.First of all,the article discussed the main,lawyers and judges,the two professional role as a starting point in our country,puts forward the legal profession mainly include independence,service,the nature of the social and economic benefits,and the judge occupational neutrality,justness,the nature of the economic benefits,the difference between the occupational role formed the basis of the relationship between lawyers and judges,determines the relationship between lawyers and judges.Then through sorting out the conflict cases,combined with the case summary of the current situation of the relationship between the judge and the lawyer,and put forward that the relationship between the lawyer and judge should be the state of persuasion and judgment.Secondly,the causes of the problems are analyzed.The reasons include many aspects,including legal norms,judicial environment and professional ethics from three aspects.Analysis of the reasons is conducive to finding the root causes of alienation,alienation and opposition of relations,so as to put forward effective countermeasures.Thirdly,it discusses the feasibility and necessity of applying Habermas negotiation theory to the improvement of bilateral relations.Habermas constructed a huge communication theory system with language communication and dialogue mechanism throughout,so that dialogue or negotiation can play a full role and realize the free communication of the subjects of communication.Specifically refers to the effectiveness of the communication in the plight of the effectiveness of itself and the discussion.The theoretical background of the theory of negotiation is the theory of communication behavior,which is a complex and detailed theory system.in this part,several core concepts closely related to the theory of negotiation are summarized to provide a comprehensive understanding of Habermas’ s theory of negotiation.Among them,communicative rationality plays an extremely important role in Habermas’ communicative theory,so this concept is emphatically expounded.Negotiation theory emphasizes the qualification of the subject of negotiation,the environment of negotiation and the role of language.Based on the elaboration of the theory,the author reconsiders the negotiation theory in the relationship between judge and lawyer,so as to explain the feasibility and necessity of the negotiation theory in the improvement of the relationship between judge and lawyer.Finally,the discussion will discuss theory applied to the improved relations between the two sides,through judicial go town government and the localization,establish collaborative doctrine lawsuit mode,establishment the mechanism of the flow of the judges and lawyers mutual way,establishment of rational communication environment for both sides,the relationship of both sides to return to persuade the relationship with the judge.Second in the individual level,microscopic focus more on trial participants subject judges and lawyers,individual demands strengthening the judge to clarify duty and reasonable regulation command of lawsuit,a judge to give lawyers in a timely manner the right of objection,the lawyer’s defense skill,so as to enhance the capacity,the main body of the word give full play to the functions of language as a communication medium of mediation.