中国律师职业伦理为什么成为问题?

Why Lawyers' Professional Ethics in China is A Problem

中国律师职业伦理的出现是一个渐进的历史过程,与律师角色定位的变化有紧密关联,是制度改革的必然产物。然而,中国律师的职业伦理问题之所以较为突出,还有多方面原因:一是制度移植中的误读,如对党派性理论和商业化的片面理解,导致律师职业伦理出现偏差;二是制度的缺损与不足,使得律师职业缺乏必要的伦理训练和有效约束;三是律师文化与我国传统文化的冲突和差异,使律师职业格外引人关注,并易于遭受负面评价。

The emergence of the lawyers＇ professional ethics, product of the reform, is a gradual historical process, closely related to the changes of the lawyer＇ s role. However, the lawyer＇ s professional ethical issues are more prominent. There are a number of reasons：first, there are some misreadings about the lawyer systems in the process of the transplantation, such as the partial understanding of the partisan theory and commercial- ization which resulted in the deviation of the lawyers＇ professional ethics;second, the defects and deficiencies of the system, made the legal profession lack of ethics training and effective constraint;third, the conflicts and differences of the lawyer culture and our traditional culture, made the legal profession particularly attractive and vulnerable to negative evaluation.