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伴随着律师业的深入发展,尤其在国家司法部和全国律协领导的特别倡导下,有关律师文化的理论探讨和努力实践正在迅速全面推进。由于所处环境不同、角度不同和拥有的阅历与知识不同.每个人对律师文化的理解会有不同.诠释的内涵也会各异.因而出现了所谓“一千个读者就有一千个哈姆雷特”、“一千个诠释者就有一千种律师文化的含义”等现象。另一方面.尤其在起步阶段,准确认识并科学界定、规范律师文化的内涵,对律师业的规模化、市场化、规范化、良性化发展,又具有不容忽视的作用。因而允许在经过了一定阶段的“百家争鸣”以后,取得对律师文化涵义及其功能等认识的相对一致又是十分必要的。其实。“律师文化”一词之所以被提出.以及律师文化事实上确凿无疑的存在,是因为它既不同于企业文化,又不同于一般的社会文化和其它专业文化.既不是律师业与文化的简单罗列.也不是律师事务所与文化的机械组合。律师文化应该具有特定的内涵和无法替代的功能,也具有独特的形成路径。这里,笔者主要谈谈律师文化的科学定位问题,旨在抛砖引玉。
With the further development of the lawyer profession, especially under the special advocacy led by the National Justice Department and the National Lawyers Association, theoretical discussions and hard work on lawyer culture are rapidly and comprehensively being promoted. Because of the different environment, different perspectives and different experiences and knowledge, each has a different understanding of lawyer’s culture, and its connotation will be different, so there is a so-called “one thousand readers” Hamlet “,” One thousand interpreters have the meaning of a thousand kinds of lawyer culture “and so on. On the other hand, especially in the initial stage, it is also an important role that lawyers should understand, define and scientifically define and regulate the connotation of lawyer’s culture, which can not be ignored in the scale, market, standardization and benign development of lawyers. Therefore, it is necessary to gain a relatively consistent understanding of lawyer’s cultural connotation and its functions after a certain period of ”contention of a hundred schools of thought.“ in fact. The reason why the term ”lawyer’s culture" was proposed and the fact that lawyer’s culture exists in fact is because it is different from corporate culture and from other social and other professional cultures in general and is neither lawyer’s profession nor culture Is not a simple combination of law firm and culture. Lawyer’s culture should have particular connotation and irreplaceable functions, and also have a unique path of formation. Here, I mainly talk about the scientific positioning of lawyer culture, designed to start a discussion.