试析民国时期法官与律师之间的“隔离带”

An Analysis on Isolation Belt Between Law-officer and Lawyer during Period of Republic of China

为了解决法官与律师之间的不良关系给司法界带来的一系列问题,民国司法部和司法行政部制定法规禁令,在法官与律师之间构建了一道"隔离带",即对法官与律师在社会交往和职业流动方面做出限制和约束。这一举措包含着制止司法腐败、力图实现司法公正的用意,但由于受政治环境、经济状况的影响,加之法规禁令缺乏可操作性,这种隔离的办法并没有达到预期目的。

In order to prevent the wicked influence on judicial circles from unfair relation between law--officer and lawyer, the government of Republic of China built an isolation belt between law--officer and lawyer by formulating some rules and regulations. That is to say, the government of Republic of China restricted the social contact and occupational mobility between law--offcer and lawyer, which embodied that the government of Republic of China tried to realize judicial fairness and prevent judicial corruption. But the isolation method had not achieved the expected aim, because of the influence of political and economic situation, and because the rules and regulations were lack of practicability.