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域外法治发达国家在实践中逐渐形成了两种针对律师庭外言论的规制模式,即严格禁止模式和底线标准模式,但其法理基础本身存在固有缺陷,在某些语境中律师庭外言论概念会混淆。隔音空间理论下的规制律师庭外言论将弥补了前两种模式在律师庭外言论概念混淆、法理基础薄弱等缺陷,引入隔音空间理论有其合理性。应根据律师庭外言论所可能产生的法律后果将律师庭外言论进行类型化构建,并根据其法律后果的不同进行不同层面的规制。
In practice, developed nations with extra-territorial rule of law have gradually formed two regulatory models for lawyers’ out-of-court rhetoric, that is, the strict prohibition model and the standard mode of bottom line. However, their legal basis inherently has inherent defects. In some contexts, Will be confused. The theory of sound insulation space under the lawyer out of court speech will make up for the first two models in the lawyer confusion outside the concept of speech, weak legal foundation and other defects, the introduction of soundproofing space theory is reasonable. According to the possible legal consequences of the lawyer’s courtroom speech, the lawyer’s out-of-court speech should be typed and be regulated at different levels according to the different legal consequences.