律师真实义务研究——以民事诉讼为视角

The Research of Lawyers' True Obligations——Take Civil Procedures as the Perspective

作为身兼当事人利益的维护者及法律正义代言人的律师,在民事诉讼中予以合理定位是法治社会发展的需要。本文从律师的职业本质及诉讼上的公益角色入手,对相关程序法、律师法的规定进行了法理及实务上的推导与归纳,论证了律师在执业中应诚实守信,不助长不法及不实,负有真实义务。

For lawyers who are as the vindicator of litigants＇ benefits and the spokesman of legal justice,the reasonable position given by civil procedures is the demand of development of a society under the rule of law.The paper,from the perspectives of lawyers＇ professional nature and lawsuits＇ public interest roles,carries out deduction and conclusion of the jurisprudence as well as the actual situation to regulations of related procedural laws and laws of lawyers,and argues that lawyers should be honest and trustworthy, do not foster illegality and unreality and is responsible for true obligations in practicing as a lawyer.