诉讼掮客问题刍议

A Discussion on the Issue of Litigation Broker

诉讼掮客是指在法官和当事人之间搞活动、拉关系的人,主要包括单打独斗、“垂帘听政”、“包二爷”和联营等类型,行政机关和公、检、法等司法机关的离职及在职人员等是其主要来源。诉讼掮客的存在原因比较复杂,对法律服务市场、法制建设和社会稳定产生了较大的危害性。因而有必要针对诉讼掮客问题,提出若干具体解决措施并完善代理、辩护等制度,设立“关系律师”媒体公开制度和法律共同体依法执业制度。

The litigation broker is the person who is works among judges and the parties,which can be classified as 'working on one's own','acting behind the scene',and alliances and so on.The staff in the executive and judiciary is the main sources of litigation brokers.The causes of the existing of litigation brokers are rather complex and it has done quite a lot of harm to the legal services market,the construction of legal system and social stability.So,it is necessary to put forward some specific measures to resolve the problem of litigation brokers and to perfect such systems as agent,pleading,etc,and thus to establish media opening system of relations counsel and system of legal profession community being legally employed.