论我国律师惩戒制度的完善

Improvement of China's Attorney Disciplinary System

我国目前对律师的监管实行司法行政机关与律师协会的"两结合"模式,在这个模式下完善律师惩戒制度,需要对司法行政机关与律师协会进行职能定位,合理划分惩戒权限;设立律师协会惩戒机构,分设立案调查室与律师纪律庭,赋予相应的职能;完善律师惩戒的立案、调查、听证、审理、复查程序,保障当事人的程序性权利;建立司法最终救济机制,对律师惩戒进行合法和合理性的审查。

At present, our country carries out the attorney disciplinary system in the ＂two-combination＂ mode, which means the supervision from both the judicial administrative organization and the lawyers association. In order to perfect the attorney disciplinary system in this mode, we firstly need to clear and definite the function orientations of the judicial administrative organization and the lawyers association. Secondly, we need to establish a lawyer association disciplinary institution, such as setting up lawyer discipline court and investigation room. Then, to give the institutions corresponding functions to guarantee the effective implementation. Thirdly, making the record, investigation, hearing, trial and review procedures more standard, and protect the parties＇ procedural right. Lastly, we need to set up the final judicial relief mechanism to make the review of disciplinary legal and rational.