Research On The Legal Regulation Of Lawyer's Out-of-court Improper Remarks

With the coming of the new era of Internet,the rise and development of micro blog and We Chat have broken the monopoly of traditional media on judicial cases.The popularity of its use has enabled lawyers to have their own "microphones" and express their professional opinions on cases as freely as possible out of court.To a certain extent,this is conducive to the realization of the public's right to know within a certain range,the protection of the practical interests of the parties concerned,and the effective supervision of justice in the judiciary.However,in order to achieve their own litigation purpose,some lawyers made improper comments on the Internet,intentionally guided public opinion,and attempted to put pressure on the judges,thus influencing the trial.If the lawyer's out-of-court improper remarks cannot be necessary and timely regulated,the legitimate interests of the parties concerned,the impartiality of the judiciary and the professional image of lawyers are likely to be seriously affected.In recent years,lawyers' out-of-court improper remarks has become a new challenge of judicial justice in our country,caused widespread social concern and even the influence of public opinion,and even affected the trial of judicial cases to a certain extent.However,there is a certain gap in the relevant legislation in our country,and no comprehensive and systematic legal regulation has yet been formed.As a result,when a lawyer wants to make an out-of-court remark,he does not know whether the remark is within the scope of improper remarks,and lack clear behavioral guidelines at out-of-court.Therefore,It is necessary for our country to perfect the legal regulation of the lawyers' out-of-court improper remarks.Lawyers have the right to freedom of speech,but as an exception,"lawyer's out-of-court improper remarks" has brought many negative effects,so it is necessary and legitimate to regulate the lawyer's out-of-court improper remarks.At present,although there are some regulations on the lawyer's out-of-court improper remarks in our country,lack of uniform regulations.And the subject of regulation,concrete measures and procedures of out-of-court improper remarks are still vague,which can not provide clear guidance for lawyer's out-of-court remarks.The article introduces the legal regulation of lawyer's out-of-court improper remarks in representative western countries,summarizes the main regulatory models,analyzes and puts forward that the perfection of legal regulation in our country is worth learning from.The article points out that the legal regulation of lawyer's out-of-court improper remarks in our country are as follows: strengthen the management function of the lawyers association,transfer part of the regulatory power of the judicial administrative organ to the lawyers association,improve the supporting punishment measures of the lawyers association;clarify the general standards and exception settings of the regulation;and then improve the professional ethics regulation of lawyers;and clarify the civil responsibilities of out-of-court improper remarks of lawyers and improve the disciplinary mechanism for lawyers.