刑事案件律师庭外造势若干法律问题研究

Study on Several Legal Issues of Extrajudicial Statements Made by Lawyers Participating in Criminal Cases

近年来,"死磕"律师成为一个独特的司法现象,让律师庭外造势成为一个不容忽视的法律问题,效仿美国对之加以行业自律的呼声越来越高。通过对比中、美两国律师庭外造势的现象,研究与之相关的法律理念、核心问题、规制机制和救济措施。效仿域外经验,寻找共通之处,更要辨析差异所在,才能更好地界定本土规则,否则往往不得要领。

An extraordinary legal phenomenon called Never Compromising Lawyers has emerged in recent years,making extrajudicial statements by lawyers an legal issue not to be ignored. The voice for importing ABA（ American Bar Association） Model Rules of Professional Conduct grows louder and louder. By comparing extrajudicial statements by lawyers in China and that in the U. S,this paper researches on common grounds and differences of the related legal ideologies,key legal issues,control mechanism and remedies available in these two legal systems. In this way,the local rules could be developed from foreign experiences,otherwise key points may be neglected.