普通法系国家律师与法官一体化传统研究

普通法系国家长期以来奉行律师和法官一体化的传统 ,法官从有执业经验的律师中选任 ,法院和律协分工合作 ,共同管理律师 ,律师作为法院的官员受到法院固有权利的约束和管理 ,律师则对法官的选任具有很大的发言权。这种一体化的传统有着深厚的历史和文化渊源 ,更有着完善的外部条件的保障。借鉴这一传统 ,我国应加强务实的法学教育 ;加大从有经验的律师中选任法官的力度 ;律师应成为法院的司法权下的“官员” ,而不是行政权下的“顺民” ;把律师从行政权的束缚中解救出来 ,建立律协和法院分工合作 ,相互制衡的律师管理模式 ,这样才能真正的发挥律师的作用 ,实现真正的司法独立

Studies on the Tradition of Lawyer and Judge's Integration in the Countries of Common Law

The countries of Common Law have long pursued the tradition of lawyer and judge's integration: that is, the judges come from experienced lawyers. The court and the lawyer's association are in cooperation with each other to manage the lawyers. But they still have the division of labors: lawyers, as officers of the court, are restrained and disciplined by the court; lawyers have a big say in the selection and nomination of judges. This integration tradition has not only deep historical and cultural sources, but also the perfect guarantee of external conditions. In view of this tradition, our country should try to improve the legal education and encourage the practice of appointing judges from experienced lawyers. Lawyers should be the court's member, but not the government's slave. A system of cooperation and check between court and lawyer association should be established so as to liberate the lawyers from the administrative restrains. Only in this way, lawyers' role can come into full play and real judicial independence can be realized.