法官与律师不正当行为关系的评判和预防

The Judgment and Precaution of the Improper Relationship between the Judge and the Lawyer

法官是依法行使国家审判权的公职人员,在法定范围内依法享有自由裁量权,其裁判结果直接关系到公民的生命、自由、财产和名誉。在诉讼中,律师是通过说服法官以维护当事人合法权益并收取相应费用的法律工作者。但在当下,由于受一些不良风气的影响,民众相信关系甚于相信法律,更愿意信任有关系的律师。法官的待遇偏低,权力较大,针对他们的监管处罚不严,其难以抗拒时常出现的各种诱惑。在市场经济中,律师为获得生存和发展,经常通过请客吃饭、输送钱财等方式以及通过婚姻、血缘或同窗、师生、同乡等传统纽带与法官建立密切关系,从而实现自己的目的。法官与律师不正行为关系的建立愈演愈烈,严重损害了司法的权威和公信力,这也是闹访、上访愈演愈烈的重要原因。本文分析现实中法官与律师不正当关系的主要类型、特点、原因、危害、与其相关的现行规定及缺陷,并提出相应的预防建议。

The judges are a kind of adjudicatory personnel who exercise judicial power in accordance with the law.They have discretion within the law and their trial results directly affect the right of life,freedom,property and reputation of human being.While the lawyers are a kind of legal service workers whose mission is to advance the legitimate interests of their clients by persuading the judges.They can charge fees through their legal practice.Some bad atmosphere in our country which had been lasting for thousands of years makes the public believe in more the relationship than the law.So the public truly believe the lawyers who have relationship within the circle of the judiciary.In addition,the salary of the judges is low,the power of the judges is heavy,and the supervision is relaxed.These three factors make the judges helpless to resist the temptation.At the same time,in the society under the market economy the lawyers attempt to gain existence and development by the means of entertaining the judges,siphoning profit,even conducting the sex bribery.And through the traditional relationship like marriage,consanguinity,schoolmate relations,teacher-student relations and fellow-townsmen relations,the lawyers can achieve their goals easily as well.The improper relationship between the judge and the lawyer increasingly worsens,what hurts the authority of jurisdiction badly and leads to the increase of petition.This article focuses on the type,the feature,the causation and the harm of the improper relationship.Through analyzing the defects of the current rules,this article will put forward corresponding suggestion.