律师见证制度中的两大悖论

律师见证是指律师接受双方当事人的委托,以律师事务所的名义对民事法律行为的真实性、合法性进行证明和监督的一项活动。它旨在实现法律正义,然而,笔者发现该制度在设计与实际运行中存在两大悖论,即主观与客观的悖论和初衷与实效的悖论,致使该制度带有不客观、不公正的天性,并陡增处理民事官司的复杂性。因此,笔者认为封这一制度的期待应是“到此为止”。

Two paradoxes in lawyer witness system

Lawyer witness refers to a lawyer who is entrusted by both the parties, executes proof and supervision on the authenticity, legality of a legal act on behalf of law firms. This system aims to achieve justice However, there are two paradoxes between the design and operation of the system： the paradox of subjective and objective as well as the paradox of design and effectiveness. The two paradoxes make the system less of objective and unjust. As a result, the process of lawsuits becomes more and more complex. Given such consideration, we may say ＂no＂ to this system.