中国法律职业伦理适用困境及其化解 - 以法官与律师 “不正当接触交往” 规定为切入点 -

Abstract

The “difficulty” in the application of legal professional ethics has always been an important obstacle to the standardization and systematization of legal professional ethics. Take the regulation of “unfair contact and communication” between judges and lawyers as an example，as an integral part of legal professional ethics, its relevant regulations have many levels and low effectiveness, making it even more difficult to apply in judicial practice. In addition, the connotation of the provisions on “unfair contact and communication” between judges and lawyers is rather vague, and there are gaps in the connection between Code of Conduct and legal norms, which further exacerbates the difficulty of its application. However, if the textual interpretation method is used in the application, the behavioral mode and behavioral connotation of “unfair contact and communication” can be clarified; the combination of internal justification and external justification is more conducive to promoting the justification and acceptability of application of the legal professional ethics as Code of Conduct.