论律师广告的正当性及其法治建构

On the Legitimacy and Legal Construction of Lawyer Advertising

律师广告是律师业务推广的重要方式之一。伴随法律商业主义日益发展,律师广告正当性得到日益广泛地承认,世界各国对律师广告的规制呈现缓和态势,由禁止转向限制。《广告法》《律师法》均欠缺对律师广告的基本规则。律师广告应当符合真实性、合法性、健康性的基本原则。除了为确保律师广告的识别性而规定必须明示的信息外,律师广告立法不宜对其积极性规范予以过多限定。但是,我国应当加强对律师广告的广告主、内容及形式等方面消极性规范的制定,建立硬法和软法、行政规制和行业自律统一协调的律师广告法治。

Lawyer advertising is one of the important ways to promote the business of lawyers.With the increasing development of legal commercialism,the legitimacy of lawyer advertising is widely recognized and the regulation of lawyer advertising around the world shows a relaxed trend,from prohibition to restriction.Both the Advertising Law and the Lawyers Law lack the basic rules for lawyers advertising.Lawyer advertising should conform to the basic principles of truthfulness,legality and healthiness.In addition to the information that must be explicitly stated in order to ensure the identification of lawyer advertising,the legislation of lawyer advertising should not limit its positive norms too much.However,China should strengthen the formulation of negative norms on the advertisers,content and form of lawyer advertising and establish the rule of law of lawyer advertising with the unity and coordination of hard law and soft law,administrative regulation and industry self-discipline.