The Regulation Of Lawyer Extrajudicial Speech

Lawyer extrajudicial speech is the performance of lawyer’s freedom of speech, it’s an effective means of meeting citizen’s right to know and supervising judiciary, but it may affect the judicial independence and blackmail judiciary as a result of inappropriate use, we need to be taken seriously. Nowadays we don’t have a clear guidance for lawyer extrajudicial speech, because of it, some lawyers outside of the court don’t know what words can express and what words will touch judicial authority, then causing the chaos of lawyer extrajudicial speech producing. For the purpose of playing a good role of counsel and maintaining the parties’ rights and judicial authority, the article talks over from five parts, trying to make a clear limitation on lawyer extrajudicial speech.The first part, the article introduces the performance of lawyers’ inappropriate speech in the Yang Jia case and Li’s case. According to this, the article leads to the legal regulation of lawyer extrajudicial comment. Again the essay discusses the definition of lawyers and lawyer extrajudicial comment, then leads to the definition of the legal regulation of lawyer extrajudicial comment. At last, from the rule body, rule content, rule time and rule manner four parts, the essay analyzes the connotation of lawyer extrajudicial speech, makes a clearly substantive condition of its regulation, which could cause serious damage to the judicial process.The second part, the article discusses the pros and cons of lawyer extrajudicial speech, and then explores the feasibility of the regulation. Discussing the relationship between the lawyer extrajudicial speech and citizen’s freedom of speech, procedural justice, the citizen’s right to know and civil litigation purpose, the essay shows that the lawyer extrajudicial speech is the performance of lawyer’s freedom of speech, it’s an effective means of meeting citizen’s right to know and supervising judiciary, from the positive side discussing its meaning. Simultaneously, the article discusses the disadvantage of lawyer extrajudicial speech, it may have improper effect on judicial justice and form a vicious competition between the lawyer. Finally, from discussing the lawyer extrajudicial speech conforms to lawyer’s ethics, principle of good faith and litigation right safeguard, the article analysis the feasibility of the regulation.The third part, the article describes the rules of the relevant countries and regions. Based on listing the corresponded regulate rules of them, the essay concludes the common features of them, in order to provide certain reference to us.The fourth part, the article analyzes the present status and problems of the regulation of lawyer extrajudicial speech in our country. Through the analysis of the present status, we know that although we have similar rules, but we don’t have a clear rule. It is difficult to be enforced. The reason why we don’t have a clear unified regulation may be the lack of study enthusiasm, but more important reason is that so many people think the regulation of lawyer extrajudicial speech only applicable to the jury system.Through the reflection on the relevant provisions of the current domestic and foreign, and on the basis of using the experience of the US, the fifth part of the article puts forward the regulation standard of our country lawyer extrajudicial speech. With essential conditions for the principle, with safe harbor rules and respond right rules for specific provisions, puts forward specific operational rules of the speech. At the same time, in order to ensure the regulation of lawyer extrajudicial speech to implement successfully, safeguard measures and the relevant responsibility are putting forward. Attempts from the improvement of professional ethics, lawyer management system and the principle of good faith to ensure the implementation of the rule, for certain punishment against violations of the rules and warning other lawyers, guarantee the regulation of lawyer extrajudicial speech finally was able to fully implement in practice rather than just boring law text.