Lawyer’s Professional Ethics Norms From The Perspective Of "Performance Defense"

Since the late 1970 s,China’s lawyer system has been restored and developed.Lawyers play an important role in safeguarding the legal system,protecting human rights and realizing social fairness and justice.However,in the process of the development and progress of lawyers,there are still many problems to be solved,such as the emergence of "performance defense" and other behaviors.At the same time,the attention and system construction of lawyers’ professional ethics also need to be improved and perfected.Therefore,from the perspective of "performance defense" behavior in lawyers’ practice,this paper adopts literature analysis,comparative research,empirical research and law analysis to discuss the current situation,deficiencies and solutions of lawyers’ professional ethics from four aspects: Firstly,this paper studies the background and significance of the "performing defense",briefly analyzes the practical problems of the lawyers’ professional ethics rules in our country,analyzes domestic and foreign research,and roughly summarizes the suggestions to adjust the problems of the lawyers’ professional ethics rules in our country.Secondly,it discusses the connotation and mode of "performance defense",cites cases to analyze what is "performance defense" and the form of expression,focuses on the study of the relationship between performance defense and lawyers’ loyalty duty,and shows that the essence of "performance defense" lies in violating the loyalty duty of lawyers’ professional ethics.Thirdly,by sorting out the domestic professional ethics of lawyers’ loyalty obligation,the paper further studies how "performance defense" violates the core spirit of lawyers’ professional ethics,and then studies the legal provisions of "performance defense" in Germany,Japan in the civil law system and the United States in the common law system,so as to learn from relevant experience.An effective defense system can be introduced to make up for the deficiency of performing defense in our lawyers’ professional ethics rules.Moreover,the author starts with the reasons for "performance defense" in lawyers’ career,including interest drive(safeguarding the rights and interests of the litigants or lawyers seeking fame),the era background of "we media" and the lack of professional identity.This paper finds out the shortcomings of China’s lawyers’ professional ethics,such as lack of specific rules and regulations,institutional construction and lawyers’ behavior regulation,and then puts forward some suggestions to improve China’s standard "performance defense" lawyers’ professional ethics.Through the study and analysis of "performance defense" behavior,it obtains that it lies in violating the duty of loyalty to lawyers,and deviates from the lawyers professional ethics.According to the above conclusions,to improve our country lawyers professional ethics standard,There are three main aspects: strengthening the opera of lawyers’ professional ethics,formulating the industry norm of "performance defense" behavior,strengthening the construction of lawyers’ professional ethics system and refining the standards of lawyers’ disciplinary system.