突破与限度:新型警律关系的实证分析

Breakout and limit:An Empirical Analysis of Relationship between Police and Lawyers

警察和律师的良性互动博弈,对于防范冤假错案、减少涉诉上访、化解社会矛盾、实现社会公平正义至关重要。然而通过对S省的实证调研发现,警律之间关系呈现"紧张"态势。主要表现在,警察对律师存在抵触情绪,律师的权利救济途径有待完善,双方交流存在障碍,缺乏长效交流渠道。其主要原因是法治理念水平不高,法律落实不力和制度的缺失。要实现警律的良性互动,可以从以下几方面着手。一是提高双方的法律素养,切实保障法律的落实;二是利用信息技术平台,促进警律交流互动;三是确立长效交流机制。

The positive interaction between the police and the lawyer is conducive to preventing the miscarriage of justice,reducing the amount of appealing to higher authorities for help,resolving social contradictions,and achieving social justice.However,the empirical study of cases in S province found that the relationship between the police and lawyers are tense,which mainly presents as follows:the police resist with the lawyer;the remedy approaches of lawyer's rights should be improved;there is an obstacle in exchange between the two sides;the long-term communication channels are not enough.The main reasons for this phenomenon include low concept of ruling by law,ineffective implementation of the law and the lack of system.Legal literacy of both sides should be improved to effectively protect the implementation of the law.The interaction between the police and lawyers should be promoted by the use of information technology platform.Long-term exchange mechanism and legal professional community should be established.The above measures can be helpful to the positive interaction between the police and lawyers.