论文部分内容阅读
律师与当事人之间决策权的分配分为两种模式:律师控制模式和当事人控制模式。英美实行的当事人控制模式理论认为,律师与当事人之间主要是一种私法上的契约关系,在诉讼目标上,律师应当尊重当事人的意志,在诉讼策略上,律师也应当在充分告知服务方案及其法律后果的基础上协助当事人进行选择。如果无法达成一致意见,律师只能选择听从被告人的意见或者退出委托代理关系。我国的律师控制模式过于僵化和绝对,由于诉讼环境的改变,应当建立起最低限度的当事人控制模式。
The distribution of decision-making power between lawyer and client is divided into two modes: lawyer control mode and client control mode. The control theory of the parties practiced in the United Kingdom and the United States held that lawyers and the parties are mainly a kind of contractual relationship in the private law. The lawyers should respect the parties’ wills in the litigation objective. In the litigation tactics, the lawyers should also fully inform the service plan and Its legal consequences based on assisting the parties to choose. If no agreement can be reached, the lawyer can only choose to obey the defendant’s opinion or withdraw from the principal-agent relationship. China’s lawyer control model is too rigid and absolute. Due to the change of the lawsuit environment, a minimum party control mode should be established.