对律师形象社会定位的探究

An inquiry into the social orientation on lawyer's image

律师系“司法戏剧”的主角之一。在不同的政治与司法模式下 ,律师的权利有大有小 ,地位有高有低。法治社会中的律师权大位高 ,却常有“魔鬼”的形象定位 ;人治社会中的律师权小位低 ,甚至无权无位 ,其形象定位也常与“魔鬼”难分伯仲。当然 ,律师也会偶得”天使”的美誉。律师就是律师 ,既非“魔鬼” ,也非“天使”。律师“唱司法戏剧”权利的大小和权能的强弱 。

Lawyers have been playing the key role in judicial dramas, but the extent of their importance differs according to the political and judicial models. In rule-governed states, a lawyer's rights are overwhelming and lawyers are often called 'devils'. However, in man-ruled states, a lawyer's rights are constricted and weightless, and lawyers are still referred to as 'devils'. Occasionally lawyers are called 'angels'. But neither 'angels' or 'devils' are proper descriptions of lawyers. The role of lawyers in society should be judged based on their actual functions in that society. This is the issue concerned by both lawyers themselves and the society.