How to correctly handle the relationship between judges and lawyers

Judges and lawyers play two different roles among legal persons. Judges represent the state judicial organs, exercise state public power, adjudicate cases, safeguard legal dignity and defend state power, and everyone is equal before the law; Lawyers represent the fundamental interests of the parties, and their duties are to assist the court to find out the facts of the case, exercise their rights according to law and safeguard the legitimate rights and interests of the parties. Their status, rights and obligations are different, and they play their respective roles in maintaining the socialist legal system. It is particularly important to correctly handle the relationship between judges and lawyers, which is related to the authority of judicial trials, the credibility of the judiciary in the eyes of ordinary people, and the fairness and justice of cases. Therefore, we should handle the relationship between them carefully and correctly, so as to maximize the judicial efficiency. I. Rights and obligations of both parties. According to the Judges Law of People's Republic of China (PRC), judges are judges who exercise state judicial power according to law, including presidents, vice presidents, members of judicial committees, presidents, vice presidents, judges and assistant judges of special people's courts such as the Supreme People's Court, local people's courts at various levels and military courts. The duty of a judge is to solve disputes according to laws and facts, resolve contradictions and disputes, safeguard the correct implementation and dignity of the law, and safeguard social fairness and justice. However, the obligation of a judge is to take facts as the basis and the law as the criterion, and to safeguard the legitimate rights and interests of both parties. All the actions of a judge should be within the scope permitted by law, otherwise it is illegal and will be investigated by law. According to the Lawyers Law of People's Republic of China (PRC), a lawyer refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients. Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice. The duty of a lawyer is to exercise the right of agency, defense and investigation and evidence collection within the scope authorized by the parties. All his actions are within the scope of authorization, and his agency and defense opinions expressed in court are not subject to legal investigation, except those that endanger national security, maliciously slander others and seriously disturb the court order. The lawyer's duty is to assist the judge to find out the facts of the case, exercise the power of agency and defense according to law, safeguard the legitimate rights and interests of the clients he represents and safeguard the dignity of the law. As can be seen from the above, the duties and obligations of judges and lawyers are different. Judges directly exercise judicial power according to the Constitution and laws, and are in the position of intermediate judges, safeguarding the legitimate rights and interests of both parties, the dignity of the law and social fairness and justice, while lawyers, on the basis of the entrustment of the parties, assist the judges to safeguard the legitimate rights and interests and fairness and justice of the party they represent within the scope permitted by law. Second, the relationship between the two. Judges and lawyers play an important role in safeguarding judicial justice and protecting the legitimate rights of parties. The relationship between them is not isolation, tension, opposition and prevention, but mutual cooperation, understanding, tolerance and communication. Although judges and lawyers play different roles in legal activities, they are both legal persons. In their respective practice, they should keep the bottom line, share a responsibility and realize benign interaction. Therefore, we should make great efforts in perfecting the system, advocating honesty, strengthening communication and mutual supervision. Bacon, a famous British thinker, said: the relationship between judges and lawyers should not be too close, otherwise it will inevitably be suspected of injustice. But the relationship between them is not estrangement, but understanding; Not nervous, but negotiation; Not confrontation, but tolerance; Not prevention, but communication. Although judges and lawyers play different roles in legal activities, they are both legal persons. In their respective practice, they should keep the bottom line, share a responsibility and realize benign interaction. Perfecting the system is the premise of building a benign interactive relationship between judges and lawyers. Further perfecting and implementing the lawyer's practice guarantee system and judicial independence system is the premise of rationalizing the relationship between judges and lawyers. First of all, we should establish the status and rights of lawyers from the judicial system to ensure that lawyers' opinions are fully expressed and listened to. Secondly, it is necessary to ensure that the people's courts independently exercise judicial power according to law, reform the current court financial allocation system, cancel the court administrative level, and prevent judicial administration, and so on. Advocating honesty is the basis of constructing a benign interactive relationship between judges and lawyers. Judges and lawyers are not natural in-laws, nor natural enemies. They are both legal persons. Guanzi said: Honesty is the knot of the world. This means that honesty and credit are the ties that link all people in the world. Zhou Qiang, President of the Supreme People's Court proposed that we should rely on academia and lawyers to build the judiciary, because if we don't rely on their contributions, lawyers and courts will be opposed, and the law will be out of the question. Strengthening communication is the channel to build a benign interactive relationship between judges and lawyers. It is suggested that with the help of judges' associations and lawyers' associations, we should actively build a platform to carry out multi-level and all-round exchanges and cooperation, such as helping each other to carry out judges' and lawyers' appraisal activities, informing each other about the investigation and handling of cases of violation of law and discipline, developing and utilizing legal education resources, sending experts to carry out training and seminars, discussing and studying legal theories and judicial practices of common concern, improving the professional ability of judges and lawyers, holding relevant networking activities, and continuously improving the exchanges between judges and lawyers. Mutual supervision is the guarantee to build a benign interactive relationship between judges and lawyers. With the gradual advancement of the rule of law, in the future judicial system, lawyers are not only irreplaceable participants and negotiators of the rules of the game, but also the source of talents and wisdom of judicial subjects, and even more professional supervisors of judicial credibility. The "Several Provisions on Standardizing the Relationship between Judges and Lawyers and Maintaining Judicial Justice" jointly issued by the Supreme People's Court and the Ministry of Justice clearly stipulates that lawyers can report the situation to the relevant people's courts on their own or through judicial administrative departments and lawyers' associations, or sign reports and put forward opinions on investigating the party discipline, political discipline or legal responsibility of judges who violate the law. On the contrary, judges can also reflect the problem of finding a lawyer to the judicial administrative department and the bar association. Further improve this regulation, make it more specific, convenient and operable, and strive to broaden the channels of supervision and strengthen constraints. Third, judges and lawyers should keep a certain distance. With the rapid development of social economy and the continuous improvement of scientific level, the Internet has become an important platform for information transmission. The words and deeds of judges and lawyers may be the object of speculation, especially the words and deeds of judges, which represent the image of the court. Our mission is to constantly meet the new requirements and expectations of the people in the new era and serve the people wholeheartedly. The people have high hopes for us, as Comrade Zhou Qiang, President of the Supreme Court, said at the national video conference on judge discipline: We. When we are handling a case, the eyes of the masses are discerning and we cannot give the parties reasonable room for doubt. If we get too close or too close to the lawyer, it will leave room for doubt for the client. Even if our work needs are normal, our cooperation with lawyers should be open and transparent and stand the test of the eyes of the masses. Judicial credibility needs our judges and lawyers to jointly safeguard and put their respective positions in their work. In short, correctly handling the relationship between judges and lawyers is the requirement of building a society ruled by law. We should govern the country according to law. It is impossible without the benign interaction between judges and lawyers. Strengthening exchanges and cooperation between them will promote the healthy and orderly development of the legal cause and promote social prosperity, stability and harmony. For the revival dream of our great China, each of us will contribute our own strength, which is a blessing for society and mankind.