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律师应当熟悉立法与改革的顶层设计,主动适应立法与改革的现实和动态律师的职责是维护当事人的合法权益,具有救济私权的属性。即使律师为政府机关提供法律服务,虽然该政府机关的权力是公共的,但其权益是专属的,具有私权的性质。难道律师天然是“自私”的?当律师在立法和普法方面发挥作用时,律师维护的是法治,而法治具有公共利益的属性。如何挖掘律师在立法和普法上的公益潜能,是中国走向法治的题中应有之义。
Lawyers should be familiar with the top-level design of legislation and reform, and take the initiative to adapt to the reality and dynamics of legislation and reform Lawyers’ duties are to safeguard the legitimate rights and interests of the parties and to have the property of private remedy. Even though lawyers provide legal services to government agencies, their rights are exclusive and private in nature, although their power is public. Are lawyers naturally “selfish?” When lawyers play a role in legislation and popularization, lawyers maintain the rule of law and the rule of law has a public interest. How to tap the potential of lawyers in the legislation and popularization of law is the proper meaning of China’s question of going to the rule of law.