刑事司法中律师庭外言论规制的中国研究

Research on the Regulation of Lawyers’ Extrajudicial Speeches in Chinese Criminal Justice

在庭审流于形式、法官独立性缺失的司法背景下,当今中国刑事案件中律师发表庭外言论已经成为一种风潮,言论盛况之下难免乱象丛生。基于诉讼参与者的慎言义务、公正审判、保密义务,对律师庭外言论进行规制是各国通行之法,但当前我国律师庭外言论之法律规制存在诸多问题,应充分探讨以构建更为合理的律师庭外言论规则。此外,应立足于我国特殊的刑事司法环境,以审判制度乃至司法制度改革破除庭外言论盛行之根源。

Under the judicial background of trial formalization and absence of the judge’s independence,it becomes a trend at present that lawyers in the criminal cases of China give their extrajudicial speeches.This inevitably leads to chaos.Based on the careful speed obligation of litigation partic-ipants,the principles of fair trial and the confidentiality duty of lawyers,regulation of lawyers’extrajudicial speeches is the measure prevailing in all countries.However,there are many prob-lems in the legal regulation of lawyers’extrajudicial speeches in China,which should be fully dis-cussed in order to build more reasonable regulations for extrajudicial speech.In addition,the special criminal judicial environment in our country should be taken seriously,and through the reform of the trial system or even judicial system to break the root of the popularity of lawyers’extrajudicial speeches.