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Administrative Law Bar Association trade management rights

Author: MaoDan
Tutor: HeBing
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Bar Association Industry management rights Judicial and administrative authorities Public administration rights
CLC: D926.5
Type: Master's thesis
Year: 2011
Downloads: 68
Quote: 0
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Abstract

Lawyers Association trade management rights in the Western developed countries is considered to be the autonomy of the industry is the result of the national government decentralization reform. However, the industry management rights of the Bar Association in China is not autonomy. Intricate relationship exists Bar Association judicial and administrative organs of the management of the legal profession, but the main line of the executive powers of the judicial and administrative authorities. Trade management rights and judicial and administrative organs of the Bar Association executive powers belong to the department of administrative law - the scope of the administration of justice. In this paper, research Lawyers Association industry management rights from administrative law perspective. Papers Introduction section briefly describes the background of the thesis topic, the topics Research, research methods and research significance. The first chapter by the definition of the concept and content of the Bar Association, the industry management rights so that people have a broad understanding of industry management rights of the Bar Association. On this basis, combing the history of the development of the industry management rights of the Bar Association. At present, the lawyer management system in China in the period of the Bar Association and the judicial and administrative authorities combined with management. Chapter II of the four sources of management rights of the All China Lawyers Association industry analysis the actual draw Bar Association industry management rights from the legal authority and administrative commissioned. On this basis, further analysis of the All China Lawyers Association trade management rights is a public administrative rights attached to the judicial and administrative authorities. Chapter governance theory decentralization of the management rights of the Bar Association, the industry management rights and judicial administrative organs coexistence situation theoretical analysis, the State enjoys the powers of the management rights of the legal profession is divided to different subject, but the Bar Association and the judicial and administrative authorities dual management division of ill-defined, the Bar Association, the industry management rights attached to the judicial and administrative authorities. To this end, the thesis clear macroeconomic management responsibilities of the judicial and administrative authorities and the proposal to change the Bar Association trade management rights subsidiary status. Chapter by listing Bar Association Solicitors rights abuses, China Lawyers Association trade management rights this public administrative rights, the regulation is necessary. The chapter analyzes the status of China's current regulation and pointed out that the existence of the problem of the status quo, and finally proposed Bar Association industry management rights orderly and healthy development through the improvement of the internal regulation and external regulation. In conclusion, the paper pointed out that because the the industry management rights of the Bar Association is a dependent public administrative rights, so to clarify its relationship with the executive powers of the judicial and administrative authorities to constraints it is abuse. But a society governed by the rule of law requires the the industry management rights of the Bar Association should be a degree of autonomy. Bar Association trade management rights become autonomy, China has become a society governed by the rule of law, we also need to work harder struggle.

Administrative Law Bar Association trade management rights

Abstract

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