Analysis Of The Abnormal Strategy Of Lawyers In Court Trial

During the transitional period of China's judicial system,lawyers' use of abnormal strategies during the court trials is common,such as the popular death strategy,and the common coordination strategy in legal aid cases.The use of these strategies by lawyers can disrupt court order,undermine judicial justice,and in turn undermine judicial authority.Of course,these strategies are not to say that they are useless.Some strategies promote the rule of law to some extent.Therefore,the regulation of these strategies is not a basket of denials,but a dialectical look.Therefore,in this paper,through a comprehensive study of the abnormal strategies of lawyers 'trials,this article explores the common strategies of lawyers' abnormal strategies in court trials,and finds out the motivation and reasons for lawyers to adopt abnormal strategies from the perspective of psychology and judicial practice.Positive and negative effects.Based on a comprehensive analysis of the lawyer's trial strategy,a countermeasure is finally proposed.This article is divided into five parts:The first part starts with a description of the phenomenon of lawyers' trials of abnormal strategies,analyzes the abnormal strategies in practice,classifies them,and leads to problems.It mainly lists some cases.In these cases,lawyers have adopted abnormal strategies,some have adopted adversarial strategies,some have adopted cooperative strategies,and some have adopted sad strategies.However,using these strategies,the court atmosphere was either too confrontational or too harmonious,and did not show a pattern of debate between the prosecution and the defense.Some lawyers pointed the arrow directly at the judge,and the relationship with the judge was tense,which seriously disrupted the court order.The description of these phenomena laid the foundation for the subsequent analysisThe second part analyzes the motivation and reasons for lawyers to adopt abnormal strategies.Combining rational choice theory and game analysis theory,it is analyzed that the behavior of lawyers adopting abnormal strategies is the result of rational choice and game.The main external reasons include the formalization of court hearings,the non-independence and neutrality of trial power,the plight of defense lawyers' practice,and the lack of a professional community for judges and lawyers According to Marxist theory,matter determines consciousness.These external circumstances determine the lawyer's strategic choice,that is,the lawyer comprehensively considers the external environment to make a strategy that is most beneficial to himThe third part expounds the positive and negative effects of lawyers' adoption of abnormal strategies.Not that all abnormal strategies produce negative effects,some abnormal strategies produce positive effects.For example,some of the deadlock tactics,these deadlock procedures require the court to act in accordance with the procedures This deadlock strategy will promote the development of the rule of law to a certain extent.Of course,most of the abnormal strategies have negative effects.These strategies undermine the independence of the judiciary,cause conflicts in trials,and deviate from the examination of substantive issuesThe fourth part elaborates that there must be a certain limit on the tolerance of abnormal strategies,and the abnormal strategies that exceed this limit need to be regulated accordingly.So where is the limit of tolerance?The cooperation strategy is resolutely cracked down.This strategy in accordance with the formalities of the public prosecutor's office will only hinder the development of the rule of law.The countermeasures must be discussed on a case by case basis.The words and deeds just aroused the dissatisfaction of the judges.In fact,this strategy can be tolerated.For abnormal strategies that exceed the tolerance limit,implement the principle of moderation in criminal law,which can be resolved by other means,and try not to raise the behavior to the level of criminal behaviorThe fifth part discusses the fundamental way out to solve the phenomenon of lawyers adopting abnormal strategies?Through this article,we analyze that the lawyer's use of anomalous strategies is actually the result of comprehensive measurement of various factors,and that external factors determine internal choices.Therefore,appropriate reforms of external factors that affect lawyers 'strategy choices,while strengthening internal factors to a certain extent,may be able to resolve the abnormal strategy of lawyers' trial.There are four main countermeasures to the fundamental way out:first,to build a rational and harmonious dialectical relationship by safeguarding procedural justice,establishing the authority of judges,and regulating the behavior of lawyers;second,strengthening the concept of the legal professional community;Publicity and education to optimize the judicial environment for lawyers to practice Fourth,implement judicial reform centered on trials.