中国古代的讼师及其与当事人的关系初论

PRIMARY DETECTION OF ANCIENT CHINA’S LITIGATOR AND THE RELATIONSHIP WITH HIS CLIENTS

中国古代是以专制皇权为核心的大共同体本位的价值一元化的社会,它通过牺牲个人权益而达到无讼的社会目标。这先在地决定了讼师必将遭到来自官方贬斥的命运,而缺乏行业自律和职业伦理意识又使讼师必然不为民众所认同,更无法从法律的角度实现对当事人权益的保护。

Ancient Chinese society was a centralized community,in which the autocratic monarch was at the core, and it realized its social purpose at the expense of individual rights. That deemed that litigators must bear the official denouncenent. Lack of rules of professional counduct and sense of morality led to pubkic unacceptance of litigators, and also prevented the legal protection of client＇s rights and interests.