试论我国民事诉讼代理制度的完善

On How to Consummate Our System of the Civil Lawsuit Agent

不同的诉讼模式对民事诉讼代理制度有着不同的影响,我国的诉讼审判模式正从职权主义的审问式向当事人主义的抗辩式转变,这就要求律师民事诉讼代理制度随之加以改革和完善:建立律师强制代理制度;完善律师的调查取证权;构建律师保密制度;改革律师收费制度;设立民事诉讼律师代理援助制度。

The Mode of the different lawsuit has different impact on the system of the civil lawsuit agent. Legal action of our country tries a pattern being complying with authority of office doctrine＇s to the style speaking out in one＇s own defense changes. It is demanded that the system of the civil lawsuit agent should be consummated： the compiled system of the civil lawsuit agent should be established; Attorney＇ s rights of investigating and collecting evidence should be consummated; The system of lawyers＇ keeping secrets should be set up; The system of lawyers＇ charging money should be reformed; The system of the civil lawsuit agents＇ help should be established.