中国近代律师身份定位刍论

A Brief Discussion on the Position of A Lawyer's Identity in Modern China

二十世纪初,我国法制体系发生了巨大变动,律师制度作为先进的西方司法机制被引入我国。但由于人们长期受传统观念、讼师恶习和官本位等思想的影响,对律师的身份定位出现了与设立律师制度本意的反差,严重阻碍了律师积极作用的充分发挥。民国时期,律师作为自由职业者的身份得到法律确定,而在人们思想意识中的律师身份定位仍未立竿见影。

In the early of 20th century, great changes took place in the legal system in our country. As an advanced legal system in the west, the lawyer system was introduced into our country. However, owing to the long-time influences on people of the traditional ideas, evil habits in the judicial proceedings, ideas of official selfish departmentalism, etc, there has appeared a great difference between the position of a lawyer' s identity and the original intention of establishment of a lawyer s system, thereby severely hindering lawyers from fully performing their active roles. In the period of the Republic of China, a lawyer was accepted by the law as a liberal professional, but the position of a lawyer's idenlity was not straight away set in the ideological minds of the people.