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在直接民主审判模式下的古希腊时期,由演说家担任的“演说写手”和“辩护帮助人”未能在法庭辩护的活动中形成一门固定有序的职业,律师职业被扼杀于摇篮之中。在罗马共和国时期和帝国初期,随着诉讼程序的不断发展,陆续产生了由演说家担任的诉讼代表、诉讼代理人和由法学家担任的法律顾问,帮助当事人进行诉讼,他们被统称为“诉讼保护人”。至罗马帝国中晚期,国家公权力对司法诉讼的干预日益强化,执法官的专业化使得法庭演说家迅速成长起来。他们学习专业的法律知识,并肩负起法学家的法律咨询功能,还组建了自己的职业团体,以提供公共服务为主要职能,律师由此正式成为一门职业。这是国家政权认可法治观念、司法诉讼制度不断发展以及法律制度日益完备的历史产物。
In the period of ancient Greece under the direct democratic trial mode, “orator” and “defense helper” by orators failed to form a regular and professional lawyer’s profession in the activities of the court defense Being strangled in the cradle. During the period of the Roman Republic and the empire, with the continuous development of litigation procedures, lawsuit representatives, litigation representatives and jurists acting as legal advisors to the orators have been successively brought in to help litigants, who are collectively referred to as “ Litigation protector ”. By the middle and later stages of the Roman Empire, the interference of state power in judicial proceedings has been increasingly strengthened. The specialization of magistrates has led to the rapid growth of court orators. They learn professional legal knowledge, shoulder the legal counseling function of jurists, form their own professional organizations, and provide public service as the main function. As a result, lawyers formally become a career. This is the historic result of the recognition by the state power of the rule of law, the continuous development of judicial litigation system and the increasingly complete legal system.