法律适用过程中,不仅法官为居中裁判而需要进行法律发现.而且当事人及其律师为维护自身合法权益亦需要进行法律发现。因为,法官的法律发现会存在知识、能力、认识的局限,而律师接受当事人的委托后,就具体个案提出的辩护意见或代理意见.作为律师法律发现的载体,对于弥补和完善法官法律发现的缺陷,具有重要的参考意义。事实上,众多的律师辩护意见或代理意见能够说服法官并得到法官的采纳,便是例证。虽然法官和律师所处的立场、所代表的利益不尽相同,但都应遵循共同的法律发现规则。目前,对法律发现的研究大多由法官来推动和开展。律师作为最经常与法律发现打交道的职业群体之一,亦很有必要重视和研究法律发现理论,以共同推进法治实践。所谓法律发现:是指发现处理案件的法律依据的活 In the course of applying the law, not only the judge needs to find the law for the center judge, but also the parties and their lawyers need to find the law in order to safeguard their own legitimate rights and interests. Because lawyers found that there will be knowledge of the law, the ability to know the limitations, and lawyers accept the commissioned by the parties on the specific case of defense or advice on behalf of the law as a carrier of law found that to make up and improve the legal discovery of the judge Defects, has important reference value. In fact, the plethora of lawyers’ defense opinions or proxy opinions can convince and judge judges to adopt them as examples. Although the positions of judges and lawyers represent different interests, they all should follow common rules of law discovery. At present, most of the research on legal discovery is promoted and carried out by judges. As one of the professional groups that deal with the discovery of the law most often, it is also necessary for lawyers to pay attention to and study law discovery theory so as to jointly promote the practice of the rule of law. The so-called legal discovery: refers to the discovery of the legal basis for handling cases of live