法律职业伦理现状及其培育——以实证调研数据为基础

The current situation and cultivation of legal professional ethics in China-based on empirical survey data

通过对法律职业共同体成员的约束和引导,法律职业伦理能够促进共同体成员的自律,有利于提高其道德水平和综合素质,有利于腐败遏制和公正司法,对于法治建设具有重要意义。调研显示,法律职业群体,尤其是律师遵守职业伦理状况不容乐观。实践中存在律师乱收费、虚假承诺、虚假宣传,公检法人员办理"人情案"现象等;这些行为对法律职业群体的形象产生影响。通过加强法律职业伦理教育、对法律职业群体进行职业伦理培训、引导等方式加强法律职业伦理的培育,能够促进法律人的职业化和法治建设。

By restraining and guiding the legal professional groups, legal professional ethics can promote the self-discipline, moral level and comprehensive qualities of the legal community members. Legal professional ethics is good for the corruption containment and judicial justice, which means a lot to the construction of the rule of law. The result of the investigation and survey indicates that the legal professional ethics is not well abided by legal occupation groups, especial by lawyers. Such as, there are lawyers who make arbitrary charges, who make fake promises and advertisements, polices, procurators and judges who deal with cases which involve human relationship, etc. These behaviors have bad inlfuences on the images of the legal community members. We can strengthen the cultivation of legal profession ethics by paying more attention on legal profession education and trainings and conduction of legal ethics. Professionalization of legal profession and the construction of the rule of law can be greatly promoted.