律师庭外慎言义务分析-法学专业毕业论文.docx

1 1 2 2 Abstract Lawyers have the right to publish speeches out of court,which is the effective way to safeguard legitimate rights of the parties,protect the publics right to know and supervise the fair judgment of the court.Meanwhile,part of the speech out of court is a kind of litigation strategy designed for obtaining the advantage position of the litigation.But some lawyers express their speeches on the cases of greater concern without bottom line,which seriously violated the right of personality of litigation parties and their close relatives and the right of criminal defendants to receive a fair trial,interfered the independent judgment of the court,and harmed the individuals and the society.A lawyer should be self-discipline,and should exercise caution in speech out of court. The first part of this paper is the discussion of the connotation and theoretical basis of the lawyers’ speech out of court.The connotation of the lawyers’ speech out of court is definite from the perspective of identification,space and time and method.Lawyers’ speech out of court is a reflection of exercising their right to free speech,and have vital function of supervising and restricting the judicial power.It’s a legitimate source of lawyers’ out-of-court speech. The second part is the legal analysis of the obligation of caution in speech for the lawyers.First,it introduced the reason of the vast existence of lawyers’ speech out of court in the social focus cases.Then,combined with the“Yao Jiaxin intentional murderer case”,“the rape case involving Li and other four person”and the relevant cases,analyze the damage caused by the improper lawyers’ speech out of court to the public interest(judicial independence and lawyer profession image),private interest(fair trial rights and right of personality of the defendants),and concluded that lawyers should exercise caution in speech out of court. The third part is to sort the standards of obligation of caution in speech for the lawyers in Chin