公职律师

广州公职律师机制的理论探索

The Theoretical Exploration on the Mechanism ofPublic-Employed Lawyers in Guangzhou

各部分的内容摘要如下：第一部分，公职律师制度的内涵界定。

The contents of each part are as follows : The first part , define the connotation of the government lawyer system .

公职律师制度是一个较新的课题，国内理论界对此研究不多。

The public service barrister system is a new topic , there is not much research on this in the domestic theoretical field .

例如，在法庭审判过程中，辩护律师会情绪激动地和公职律师争论对被告有影响的证据。

For example , a lawyer in a court trial may become very emotional in arguing with the government lawyer about evidence affecting the accused .

公职律师是指依法取得律师执业证书，专门为行使国家权力、执行公务的机构、组织提供法律服务的国家公务员。

Public office lawyers are lawyers having obtained practicing certificate and exercise state power in accordance with the law who offer law service to public affairs .

例如，在法庭审判过程中，辩护律师会情绪激昂的争辩公职律师提出的影响被告的证据。

For example , a defense lawyer in a court trial may become very emotional in arguing with the government lawyer about evidence affecting the accused .

多年来，我国在部分地区开展了公职律师制度的试点工作，并取得了初步的成效，但同时也存在诸多问题。

More than ten years , our pilot work of the government lawyer system in some areas , and has achieved initial results , but there are still many problems .

司法部自上世纪九十年代在全国范围内开展试点工作至今，我国公职律师制度可以说已粗具雏型、初见成效。

Since the 1990s , Department of Justice to launch a nationwide pilot project so far , our system of public service barrister can be said to have a rough prototype , initial results .

实行公职律师制度是国际上的通行做法。当前，许多国家和地区都建立了该项制度，成为其律师制度的重要组成部分。

It is an international practice for China to implement the government lawyer system , which has been established in many countries and regions worldwide and become an important part of their legal system .

实现公平与正义是依法行政的内在要求和终极目标，而公职律师制度无疑为实现这一目标和要求提供了一种良好的思路。

To achieve fairness and justice is an inherent requirement of administrative law and the ultimate goal , and no doubt the system of public service barrister and requirements to achieve this goal provides a good idea .

建立公职律师这一新的制度为思想政治工作提出了新的课题，开拓出一个新的阵地，为依法治国与以德治国的结合提供了新的契机。

The establishment of this new system will surely put forward new subjects for the ideological and political work and offer new opportunity for the combination of running the country according to law with running the country with morality .

首先从军队律师的性质入手，简要介绍一下有关军队律师的基本情况，指出军队律师是我国律师队伍的重要组成部分，是一种特定的公职律师。

The paper begins from the property of military lawyers by giving a brief introduction to their basic condition and pointing out that they form an important part of the lawyer team of China , as specific public lawyers .

然而，公职律师制度作为一项还在探索之中的新型法律制度，有许多需要研究解决的问题，迄今为止意见和认识并不统一。

The system of public service barrister is one but , as early as the new model legal system in the exploration , have a lot of need studies the problem solving , the idea and the cognition do not unite so far .

从世界各地的法律援助实施主体的构成看，其基本构成是由私人律师和公职、专职律师构成。

Legal aid from around the world to implement the composition of the main view , the basic composition is by private lawyers and public officials , constitutes a full-time lawyers .

因此，培养、训练环境律师，建立半公职的环境律师制度，有利于缩小受害者与污染者地位上的差距，有利于环境民事诉讼案件的公平处理。

But the environmental lawyer system has not been established in China and it is necessary to cultivate and train environmental lawyer and establish semi-public environmental lawyer system to shorten the gap between the victim and the polluter , which will helps the environmental civil cases to be handled fairly .