论我国法律职业共同体的构建——从改善法官和律师关系的角度出发

法律共同体是由法官、检察官、律师以及法学学者等法律人组成的法律职业群体。在该群体中,由于执业角度不同,在共同体内部依然产生分歧,该分歧的外化形式之一在当下可体现在法官与律师之间因受各种因素影响导致关系恶化和紧张,为了缓和这种恶化的紧张关系,应借鉴域外法官与律师职业互动的方式,通过发挥职业协会等自治组织的作用、增强律师与法官职业的流动性等方式来改善法官和律师的关系,构建法律职业的共同体。

On the Construction of Legal Professional Community in China——From the Perspective of Improving the Relations between Judges and Lawyers

The legal community is a legal professional group composed of judges, prosecutors, lawyers, legal scholars and other jurists. Since the legal professionals practice law from different angles, they are likely to have disagreements, one of which is reflected by the worsening and strained relations between judges and lawyers. In order to alleviate the worsening tensions, improve the relations between judges and lawyers and build a legal professional community, we can learn from the ways foreign judges interact with lawyers, ensure the role of professional association as well as other autonomous organizations, and enhance the mobility of lawyers and judges.