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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。
A judge is a public official exercising his or her judicial authority according to law and enjoys the discretion within the statutory scope according to law. The result of his judgment is directly related to the life, freedom, property and reputation of the citizen. In the lawsuit, lawyers are legal workers who persuade judges to safeguard their legal rights and charges. However, at present, due to some negative influences, people believe that the relationship is more than the law, and they are more willing to trust the lawyers involved. The judge’s treatment is low, the power is larger, and their supervision and punishment are not rigorous, it is hard to resist all kinds of temptations that often appear. In the market economy, in order to survive and develop, lawyers often achieve their own goals by establishing close relationships with judges, such as marriage dinner, blood donation, etc., as well as traditional links with students, teachers, students and fellow citizens. The establishment of the relationship between judges and lawyers is becoming more and more serious, which has seriously damaged the authority and credibility of the judiciary. This article analyzes the main types, characteristics, causes and harms of the unjust relationship between judges and lawyers in reality, the existing rules and defects related to them, and puts forward corresponding suggestions for prevention.