论文部分内容阅读
除引言与结语外,全文共分三部分,第一部分为律师与法官关系网建立行为的原因分析。通过分析律师与法官两方的职业环境,以得出促使双方建立关系网的原因;第二部分为律师与法官关系网运作行为的外部性分析。通过对司法活动表达性现实与实践性现实的描述性论述,呈现法官与律师关系网运作机理,并且论证其运行行为的外部性;第三部分为隔离墙制度作为激励机制的路径选择。以“团队生产”理论为工具,阐述隔离墙制度作为激励机制可以尝试何种路径选择,并以此为理论基础,提出制度构建中的应对措施。
In addition to the introduction and conclusion, the full text is divided into three parts, the first part is the reason analysis of the establishment of lawyer-judge relationship network. By analyzing the professional environment of both lawyers and judges, we can draw the conclusion that the relationship between the two parties should be established. The second part is the external analysis of the behavior of the relationship between lawyer and judge. Through the descriptive elaboration of the expressive reality and the practical reality of the judicial activity, the operating mechanism of the relationship between the judge and the lawyer is presented, and the externality of the operational behavior is demonstrated. The third part is the choice of the barrier system as the incentive mechanism. Based on the theory of “team production”, this paper expounds the path that the barrier system can try as an incentive mechanism and uses it as the theoretical basis to put forward the countermeasures in system construction.