关于律师自治的思考

Thinking About Self-Governance for Lawyers

律师自治的含义、分类、依据和意义对于律师自治来说是一个本体论的问题,只有把这些本体论的问题先搞清楚,才能对如何实现律师自治等制度设计层面的问题进行进一步的研究。本文首先从自治的概念入手,对律师自治进行分类。其次,对律师自治的哲学依据、法理依据和客观依据逐一进行分析。最后阐述了律师自治的意义。

The implication of self-governance of lawyers, the classification, the basis and the significance are ontological to the self-governance of lawyers. Only when we have a clear picture of the self-governance, can we make further study as to how to design and realize lawyers＇ self-governance on different levels. This article gives a definition and a classification of the self-governance, makes an analysis of the problem on philosophical basis, jurisprudential basis and objective basis, and discusses its significance.