I. Role Positioning and Responsibilities
Lawyers, as legal professionals, mainly undertake the responsibility of providing legal advice and representing litigation for the parties. They help the parties to analyze the case, formulate litigation strategies, and defend or state on behalf of the parties in court. The focus of lawyers' work is to protect the legitimate rights and interests of the parties and strive for the most favorable legal results for them.
Judges are representatives of judicial organs, responsible for hearing all kinds of cases and making legal judgments. They must follow the legal principles, try cases independently and fairly, and ensure the correct application of the law. The focus of judges' work is to safeguard the dignity and authority of the law and ensure social justice and fairness.
Second, the professional quality and skills requirements
Lawyers need to have solid legal professional knowledge, good communication skills and rich practical experience. They need to be familiar with various legal provisions and judicial interpretations, and be able to accurately analyze the facts of the case and the legal relationship. In addition, lawyers also need to have good communication skills and negotiation skills in order to communicate effectively with the parties, opposing lawyers and the court.
Judges need to have profound legal literacy, rigorous thinking ability and fair character. They need to be proficient in legal principles and application, and be able to hear cases and make decisions independently. Judges' judgments must be highly authoritative and credible to ensure the correct implementation of laws and the realization of social justice.
Three. Working methods and working environment
Lawyers have flexible working methods and can engage in legal services in law firms, corporate legal departments or government departments. They often need to communicate with the parties, other lawyers and the court to promote the progress of the case. Lawyers' working environment may involve all kinds of complicated cases and interpersonal relationships, which requires strong coping ability and pressure resistance.
The work of judges is relatively fixed, mainly in the court to hear cases. They need to listen to the statements and debates of both sides in court, review the evidence and make a ruling. The working environment of judges is serious and solemn, and it is necessary to maintain a high degree of professionalism and rigorous working attitude.
To sum up:
Lawyers and judges play different roles and responsibilities in the legal system. Lawyers mainly represent clients in legal affairs, emphasizing the protection of the legitimate rights and interests of clients; Judges, on the other hand, are responsible for hearing cases and making legal judgments, aiming at safeguarding the dignity and authority of the law. Their professional quality, skill requirements, working methods and environment also have their own characteristics.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 2 provides that:
A lawyer is a practitioner who obtains a lawyer's practice certificate according to law, accepts entrustment or assignment, and provides legal services for clients.
Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice.
Judge Law of People's Republic of China (PRC)
Article 2 provides that:
Judges are judicial personnel 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.
Judges must faithfully implement the Constitution and laws and serve the people wholeheartedly.