All kinds of abnormal relations between lawyers and judges exist objectively. The reason is that lawyers and judges hold different views. Most lawyers believe that this is a helpless choice. Some lawyers treat guests and give gifts not to seek illegal benefits, but only to hope that judges can handle cases according to law, handle cases fairly and close the case as soon as possible. The abnormal behavior of lawyers is forced by judges and social environment. However, some judges believe that such lawyers are throwing themselves at each other and pulling people into the water by not studying and delving into business, deceiving clients and acting as brokers. The two statements hold their own words, which seem reasonable, but in fact they are superficial phenomena, each of which is biased and one-sided. Comprehensive and objective analysis shows that these abnormal relationships have deeper social reasons.
1, the influence of social traditional ideas.
"Someone in the imperial court is good at being an official" and "someone in the yamen is good at handling affairs", which is a true portrayal of China's feudal traditional thought of "human society" for thousands of years. This concept still stubbornly affects people's thoughts and behaviors. The relationship between judges and lawyers is naturally difficult to get rid of this influence.
2. Judicial independence is embarrassing in reality.
"Governing the country according to law" is written into our constitution as a constitutional principle. Article 126 of the Constitution stipulates: "The people's courts independently exercise judicial power in accordance with the law and are not subject to interference by administrative organs, social organizations or individuals." This is the basic requirement of judicial independence. However, in reality, some government leaders regard the court as a functional organ of the government, and courts and judges can't get rid of their dependence on the government in terms of people, money and things. In the face of government intervention in the trial of specific cases, judges are helpless. The existence of judicial independence leads the parties or lawyers to analyze, excavate and utilize various social factors that can affect the judge's judgment. The normal relationship between judges and lawyers has become abnormal.
3. The living conditions of judges are low, and it is difficult for judges to abide by the rules.
Judges are people, not gods. Judges also eat fireworks, have wives and children, children go to school, buy cars and buy houses. But in the face of these high consumer spending, judges' low income makes them stretched. Faced with the materialistic reality and the prevailing trend of commodity economy, some judges' mentality is inevitably unbalanced and it is difficult to abide by the rules. The judicial power in the hands has become a tool for personal gain, and the "litigation broker" has its place. The abnormal relationship between judges and lawyers can be understood from a certain angle, but it must not be allowed. Since you have chosen the profession of judge, you must be able to endure loneliness and abide by the rules and regulations.
In today's judicial practice in China, the relationship between judges and lawyers is not standardized. For example, some parties to a case and their entrusted lawyers illegally woo, bribe and bribe judges in order to seek favorable judgment results for themselves; There are also a few judges who use their judicial power to seek personal gains and bending the law, and handle "relationship cases", "human cases" and "money cases"; There are also a few judges and lawyers who collude with each other and use their respective professional advantages to form an integration of economic interests, which violates professional ethics and practice discipline and harms the interests of the parties. This phenomenon has become a hot topic and focus of attention in social life, and the people also hate it. The existence of this phenomenon directly leads to the public's doubts about judicial justice and judicial authority, tarnishes the public image of judges and lawyers, seriously affects judicial justice and damages judicial authority, and some have caused extremely bad social impact, which has attracted great attention from the central high-level officials.
In view of the inappropriate relationship between judges and lawyers in China's judicial practice today, we should solve it from the following aspects:
1, strengthen self-cultivation and establish a sense of loftiness and pride in the profession of judges. American jurist Henry? Meliman said to the judge profession in common law countries, "People living in common law countries are familiar with judges. In our opinion, the judge is a great man with culture, even as strict as his father.
There are many great names belonging to judges in the common law system. The initial establishment, formation and development of the common law system are all due to their contributions. The lofty status of judges in common law countries is not achieved overnight, but the result of unremitting efforts of judges from generation to generation. Although the status of judges in the civil law system, especially in modern China, is not the same as that in the common law system, we should also have a lofty goal, and cultivate our independent, neutral and honest judge personality for this goal, and interpret our values with our unique personality and unique legal culture: human society cannot be separated from doctors and judges, doctors treat human diseases and judges treat society. For the profession of judge, only with a sense of loftiness can we have a sense of mission, and only with a sense of pride can we cherish it.
2. Be responsible for yourself and your family, and establish the idea that opposing judicial corruption is an effective guarantee for your peace and happiness. Anti-corruption issues are shouted every year, but the results are not great. The previous lessons did not attract much attention and attention, and they always thought it was none of their business. What is the reason? One of them is that the advocates didn't work hard on the actual effect, talked a lot of truth and didn't mention everyone's interests. Everyone seems to stay out of it, not the main body of anti-corruption. I think this problem, starting from the trivial truth and starting from our own interests, may have better results. There is a great possibility of going the wrong way. Once you go the wrong way, you are not alone, but a group of people. Your family will never be able to lift their heads, or even lose their only source of livelihood and spiritual support, and their wives and children will be lonely, and the elderly will not be safe in their last days, and their relatives and friends will be speechless. The so-called one glory is all glory, and one loss is all loss. But this mistake is completely avoidable. In the face of temptation, as long as you associate it a little, the consequences will appear in your mind. The risk of losing freedom and everything is not worth taking. We have all handled cases and dealt with defendants, and how many people have caused eternal hatred because of a temporary fluke, and how many people have regrets in front of us. If you don't hold the last line of defense, you may regret it one day. With a little carelessness, others' today is their own tomorrow!
3. Consciously straighten out the working relationship with lawyers, respect lawyers' labor and establish a fair image. Judges have no friends when they work, but only face the parties, and lawyers are only the spokespersons of the parties. The law clearly defines the duties of lawyers. Correcting the relationship with lawyers means doing things in strict accordance with the law, not exceeding the "isolation zone" and not colliding with "high-pressure money", always thinking about "tightening the spell" and guarding your duties. Communication with lawyers is limited to working relationships.
4. Pay attention to eating and drinking, and handle the relationship between classmates, friends, relatives and lawyers. China people emphasize that food is the most important thing for the people, and China is an individual society, so it is inevitable to be invited to dinner, and judges are not living in a vacuum, so it is inevitable to be invited to dinner. However, we must look at the object of eating, and we must not eat from the party. Even if you eat without knowing it, you should show your attitude in time to eliminate the influence.
5. Consciously resist all kinds of temptations and regulate behaviors beyond eight hours. China is in a period of change, with relatively impetuous social mentality and constantly adjusting various interest patterns. The salary of judges is not high, and there are certainly many temptations. In the face of temptation, we must be clear-headed, don't think about non-profit, and don't reach out to grab unexpected wealth. We should use our excellent work to promote social stability and development. With the development of society, our treatment will naturally improve. Whether resisting temptation or regulating behaviors beyond 8 hours, the key is to rely on self-discipline, grasp yourself and manage yourself well. When you are alone, imagine that there are eyes staring at you everywhere and police ropes everywhere. Facts have proved that there is nothing in the world that others can't find. If people don't know, they have to do it themselves!