律师整体独立论

西方国家的律师往往具有特殊的社会地位,实现了律师行业的整体独立.律师整体独立是保障公民权利、实现司法公正、律师职业发展的内在要求.我国并未实现律师的整体独立,司法行政机关在律师管理体制中居于主导地位,因此,我国的律师管理实际上采用的是行政化的管理模式.在宏观上,应当明确我国律师管理体制改革的终极目标为律师整体独立;在微观上应当将实质性律师管理权授予律师协会.社会认同是律师整体独立的前提,律师行业应重塑自身形象,增进社会对律师行业的尊重与认同.

The Independence of Lawyer as a Whole

Lawyer in western countries has special social class,and the independence of lawyer as a whole has been realized.The independence of lawyer as a whole is essential to the right protection,the realization of judicial impartiality,and the development of the profession of lawyer.The administrative organization of justice takes the lead in the management of lawyer in our country.So the style of management is substantially administrative without the independence of lawyer as a whole.The aim of the reformation of Chinese profession of lawyer should be the independence of lawyer as a whole and the material right of the management of lawyer should be endowed to the bar association.The profession of lawyer should re-mold their own image in order to gain the confidence of the society.