讼师与律师法律地位的古今思考

Ancient and modem thinking of legal status of law practitioner and lawyer

古代中国法律对讼师的规定大多以禁止性的条款打击讼师"为人作辞碟加状"、"教唆词讼"等行为,不曾认可讼师的法律地位,讼师是古代"黑暗中的被放逐者"。近现代社会,律师的法律地位得以确定和认可,但仍未达到法治国家应有之法律地位。传统法律文化和讼师文化对当今仍有着深层的影响。现代律师应汲取讼师的教训,积极化解纠纷,实现义利平衡。

Most of the provisions of the an- cient Chinese law on the law practitioners were in prohibitive terms that combat the law practitioners＇ acts of ＂adding the con- fession＂, ＂abetting the word＂ and other acts, never recognized with the legal status of law practitioners--the ancient ＂banished in the darkness＂. In modem society, the le- gal status of the law practitioners is deter- mined and recognized, but not yet reached the legal status of the country under the rule of law. Traditional legal culture and the culture of law practitioners still have a deep impact today. The modem lawyer should draw lessons of law practitioners, ac- tively resolve the dispute and achieve the balance of justice and benefit.