对我国律师职业规范的几点质疑

Queries on the Lawyer Professional Norms

《律师法》及《律师职业道德和执业纪律规范》中关于律师执业必须“以事实为根据”、“不得提供虚假证据 ,隐瞒事实”、“不得违反规定会见法官”、“应坚持原则 ,维护法律与社会正义”等观点值得质疑。笔者认为 :律师执业必须以证据为根据 ;不提供虚假证据不能作为律师特有的职业规范 ,律师应当隐瞒不利于当事人的事实 ;律师违反规定会见法官 ,是因为在实践中缺乏配套制度 ;关于律师在执业中坚持原则 。

This paper presents some queries on the opinions about the Lawyer's performances in the 《Lawyers Law》 and 《the Lawyers Professional Morality and Performance Rule》 , such as the lawyer should “take the foundation according to fact', “should not meet with the justice illegally', “should not supply the sham proof and hide the truth', “should persevere in the rule, protect the law and social righteousness', etc. Thus, the author thinks that the lawyer should take the foundation according to the proof; and supplying the sham proof may not be the lawyer's professional norms, and the lawyer may hide the fact that is not beneficial to the client; the lawyer may meet with the justice only because of lacking in necessary law system; and the norms which the lawyer should persevere in the rule, protecting the law and social righteousness are lacking in scientific quality. [