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Legal Commercialism of Lawyers

Author: SongXiangZuo
Tutor: HuangWenYi
School: Jilin University
Course: Legal Theory
Keywords: Legal commercialism Legal Practitioners Legal Practitioners
CLC: D926.5
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract


In today's world, Lawyers commercialization phenomenon is more prominent, and the activities of lawyers practicing in the legal services market is also showing a trend of diversification. Commercialism competition mode whether for Occupational consumers are practical interest can be obtained, so both the supply and demand in the legal services market, which often choose to use commercial mode of competition for legal services, legal commercialism It is also fair competition in the market and the practice of lawyers practicing pragmatism to gain an advantage. This trend, however, for the context of the entire social structure as well as the lawyer's professional autonomy in terms of a huge impact on the overall evaluation of commercialism in theoretical circles are mostly critical nature, the legal impact of commercialism for the legal profession 'is the focus of the debate that makes the independence and autonomy of the lawyers dealt a heavy blow for the weakening of professional ethics and career aspirations. However, objectively speaking, everything has two sides, we can not ignore the commercial factors scale economic driving force for career development, occupational through which the legal services market practice. We need to through commercialism bring objective reality to analyze its internal motivation and development of the law, better use of its advantages to help lawyers industry toward a more prosperous and orderly development of the road. This article discusses four parts. Specifically, the first part is a combination of theoretical and practical form of mercantilism mercantilism to define what is meant by the law. Combined elements of which the characteristics of the market analysis of the commercial part of the legal services market, namely legal services as a commodity, the use of the principle of competition in the market by customer demand-oriented lawyers practicing them to carry out their legal services, and career technical as a fundamental means to improve their competitive position in which the legal services market. The second part is a brief assessment of the strengths and weaknesses of mercantilism, intended to objectively look at the impact of mercantilism practicing lawyer. Derived by analyzing the commercialism for lawyers practicing improvement of practical, technical and other aspects have a practical role to provide sufficient room for development and promotion of the business for the legal services market. At the same time, when the development of competition in the market to a certain stage, he would have a monopoly, which is due to the limited capacity of market regulation alone can not achieve effective regulation of practicing order, the most critical is that commercial factors that could cause the value of lawyers' professional ethics orientation bias, to treat legal commercialism still need to look at both positive and negative. The third part of many legal career scholars in the world today legal commercialism general discussion of the legal profession 'impact as the starting point, the analysis of the fundamental differences of commercialism vocationalism commercial factors in the prevalence of lawyers in the industry mostly show what trend, as well as the changes brought about this change career doctrine. The fourth part is a departure from the reality of our country, of lawyers industry status quo has not yet reached the legal commercialism completely dominant level, but the the commercialization trend is still practice can not be discounted. Of the Bar and the commercialization phenomenon is very obvious, For the legal sector commercialization description of the phenomenon, the most fundamental purpose is to find the right commercial factors to find a balance in the degree of involvement in the the lawyering development process which, focus on conflicts of interest and maintain control in the course of their practice to achieve a balance career autonomy and macro regulatory operation Lawyers Business tendency for reasonable control of the Bar and a steady pace to a more prosperous era legal.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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