急求英文高手翻译一段文字,急用O(∩_∩)O~先谢谢了!!!
不要在线翻译!!欧美各国普遍以成文法或判例的形式制定严格的避免律师执业中利益冲突的规则,为律师的执业行为提供规则上的指引,尤其是英美国家对此都做出了较为完善、全面的规定。...
不要在线翻译!!欧美各国普遍以成文法或判例的形式制定严格的避免律师执业中利益冲突的规则,为律师的执业行为提供规则上的指引,尤其是英美国家对此都做出了较为完善、全面的规定。律师执业中的利益冲突规则在整个律师执业行为规范中处于非常重要的位置。从我国目前的律师执业道德和行为规范来看,相关的规定比较少而且相对简单,在实践中缺乏可操作性。与此同时,律师的不当执业行为屡有发生,律师侵害委托人权益、谋取委托人利益的不当执业行为不断见诸报端,社会公众对律师的社会评价有所降低,律师的商业化因素越来越突出,社会形象日益贬损。如果没有统一规则来加强对律师执业行为的规制,仍依靠律师的职业和道德判断力来解决现实中的利益冲突问题显然已经不够。因此,对这一问题进行研究就显得越来越重要。借此以期能促进完善我国的利益冲突规则,建立有效的利益冲突防范机制,更好地维护委托人的利益,体现律师的社会价值。
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European and American countries generally with statutory or case form formulate strict to avoid conflict of interests in the lawyer's practice for the lawyer rules on the guidance provided rules, especially the Anglo-American countries made a complete, comprehensive regulation. The interest conflict rules of lawyers in the lawyer's behaviour in a very important position. From our present lawyer morality and norms, rules and relatively simple, less in practice. Meanwhile, the lawyer's practice not occurred, lawyer, seek the rights infringement of the client's interests, the practice of disease-related continuously for the social public law, social evaluation factors are becoming more and more outstanding lawyer's commercial, social image increasingly put-downs. If there is no unified rules to strengthen the regulation of behavior of lawyer, still rely on the professional and moral judgment lawyer to solve practical problems have apparently the conflict of interest. Therefore, the research on this problem is more important. This order can promote perfecting rules of conflicts of interests, and establishing an effective system of conflict of interest, to better safeguard the interests of the principal, reflected the social value of the lawyer.
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Lawyers through the provision of legal services, the realization of the right to legal relief, the maintenance of social justice, promote the improvement of the legal system and social progress. Legal profession play a significant role in the community at the same time, their faces a lot of problems. Conflict of interest is the process of practicing lawyers in the face of a problem of universal significance, lawyers practicing in a conflict of interest is extremely complex and difficult to judge, how to effectively identify and deal with the practice of law has become part of day-to-day management of law firms is also an important one of the matters.
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European and American various countries generally strict avoid attorney by the written law or the legal precedent form formulation in the disciple the conflicts of interest rule, provides in the rule for attorney's disciple behavior the direction, particularly the UK-US country has made regarding this perfectly, the comprehensive stipulation. Attorney in the disciple conflicts of interest rule in the disciple behavior standards is in the very important position in entire attorney. Looking from our country present attorney the disciple morals and the behavior standards, the related stipulation are quite few moreover relatively simply, in reality lacks the feasibility. Meanwhile, attorney not, when the disciple behavior sometimes occurs, attorney violates the trustee rights and interests, to seek the trustee benefit not, when the disciple behavior is published in newspapers unceasingly, the social public has to attorney's social appraisal reduces, attorney's commercialization factor is getting more and more prominent, the social image disparages day by day. If does not have the uniform rules to strengthen to attorney the disciple behavior rules and regulations, still depended upon attorney's occupation and the moral judgment solves in the reality conflicts of interest problem already to be obviously insufficient. Therefore, conducts the research to this question appears more and more important. Can promote by the time to consummate our country's conflicts of interest rule, establishes the effective conflicts of interest guard mechanism, maintains trustee's benefit well, manifests attorney's social value.
参考资料: http://fanyi.cn.yahoo.com/translate_txt
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