律师职业责任的理论依据及实现

The Theoretical Basis of Lawyers' Professional Duties and Its Realization

律师法和刑事诉讼法对律师义务和职业责任的规定非常严格,但目前学界对律师职业责任的研究视角仅仅局限于法律责任层面,已经与律师业的发展不相适应。实际上,在律师执业过程中,存在更多的是律师违反职业道德和执业纪律的情形,而且关于律师纪律方面的处分规定比法律责任方面的规定内容范围更广,如果仅研究律师的法律责任则不能概括律师职业责任之全貌,应将律师职业责任的研究视角拓宽至:律师在执业过程中违反有关律师的职业道德、纪律规范和法律法规所应承担的全部责任。

The Law of Lawyer and the Law of Criminal Procedure have very strict rules towards the lawyer＇ s obligations and professional duties. It is not adapted to the development of the attorney industry that researches of lawyers＇ professional duties are just confined to the legal liability at present. In fact, during the process of lawyers＇ practice, it is lawyers that have a violation of the rules and professional moralities. In addition, details about punishment of discipline for lawyers are wider than the rule of legal liability. If only the lawyer＇ s legal liability is researched, it cannot summarize the overall perspective with respect to the lawyer＇ s liability. Actually, the lawyer＇ s liability should include responsibilities for disobedience about the professional ethic, disciplinary rules, laws and regulations during the process of lawyer＇ s practice.