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Lawyer disciplinary system to study

Author: ZhaoQun
Tutor: ChenYi
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Lawyer discipline Disciplinary authority Lawyers in disciplinary proceedings Industry self-government
CLC: D926.5
Type: Master's thesis
Year: 2008
Downloads: 136
Quote: 1
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Abstract

Management practice of the lawyer , the lawyer discipline is an important content . Qualitative issues related to lawyer disciplinary proceedings is not clear, continue to haunt the theoretical and practical circles . Lawyer disciplinary procedures for the proceedings , administrative procedures , the main purpose , causing the subject there particularity, a special procedure different from the litigation and administrative proceedings . The essence of the lawyer disciplinary proceedings is an independent , autonomous program . Lawyers in disciplinary proceedings as a separate autonomous procedures , in addition to value orientation should have the general procedures for the pursuit of equity and efficiency , as well as its special value orientation , such as lawyer discipline , maintain the legal profession 's development and social and public interests and so on. Lawyer disciplinary development and design should follow a unique principle of industry self - government and judicial review . The lawyer disciplinary system began from the late Qing Dynasty , after the development of the interrupt to start a new development of the long process has made ??great progress . However , compared with Western countries, the lawyer disciplinary system has a big gap . United States, Britain , Japan and other major Western countries and China's Taiwan attorney disciplinary procedures are designed to experience a longer period of time , the procedures are relatively complete , and many places in our country should study and learn . But at the same time we have to learn from the system of foreign lawyers , should pay attention to national conditions , seriously study our system of lawyers and legal environment, to seek the best mode of foreign advanced system integration with the national conditions of China . Lawyers in disciplinary proceedings legislation in China has experienced several periods of development , there is still the attorney disciplinary system is unreasonable, the exercise of disciplinary authority by the judicial administrative organ , the disciplinary rules on foreign legal practitioners and other issues . The problems of our lawyers in disciplinary proceedings , it should be scientific allocation of the attorney disciplinary authority , the exercise of disciplinary authority , unified by the Bar Association and to construct a reasonable disciplinary organizational structure , and actively improve the disciplinary system, to adapt to the post-WTO challenges . The same time , through the rich theory of the autonomy of the legal profession , the development of the autonomous ability and level of the Bar Association , and improve the operating mechanism of the lawyers in disciplinary proceedings .

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