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法官和律师间的关系是现代司法活动中最常见、最敏感、影响最深远的一对关系。规范二者关系,既是法官队伍建设要求,更是现实的迫切需要。本文从确立司法公正要求规范二者交往关系的大前提,通过分析,指出目前现有规范——“隔离带”的缺失与不足。针对不足,引入法经济学分析方法,重新审视我国的法治本土资源,并深入到人性根源,直击问题本质——打通一条解决问题的道路。法经济学的三柄利器为我们提供了问题的解决思路:供求分析法要求提高司法公平正义供给效率;成本——收益分析要求在法官和律师间建立利益阻隔机制;均衡分析要求缩小二者差距。这些基本思路为二者之间的关系回归正当与理性,成就和谐与合理提供了可能。本文还提出了在修缮“隔离带”的基础上,创设三类六项改革措施,包括建立以法官为指导,律师为主体的诉讼释解机制和诉讼和解机制等,从而建立起法官和律师之间的法律职业共同体,形成共同的职业理念。——编者
The relationship between judges and lawyers is the most common, the most sensitive and the most influential one in modern judicial activities. To standardize the relationship between the two is not only the requirement of building a contingent of judges, but also an urgent need of reality. This essay analyzes the major preconditions for establishing the relationship between the two parties through the establishment of judicial fairness, points out the deficiencies and deficiencies of the current existing norms - “isolation belt”. In view of the shortcomings, the introduction of the method of law and economics, re-examine the local resources of the rule of law in our country, and deep into the root of human nature, the essence of the problem - a path to solve the problem. Law and Economics, the three-lever weapon provides us with the solution to the problem: supply and demand analysis method to improve the fairness and justice justice supply efficiency; cost-benefit analysis requires the establishment of a barrier of interest between judges and lawyers; balanced analysis requires closing the gap between the two . These basic ideas provide the possibility for the relationship between the two to return to legitimacy and rationality, to achieve harmony and rationality. This article also proposes to establish three types of six reform measures based on the renovation of the “isolation belt”, including the establishment of a mechanism for litigation dissolution and litigation settlement based on the guidance of judges and lawyers, so as to establish a system of judges and Lawyers between legal professional community, the formation of a common professional philosophy. --editor