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On Legal Profession Autonomy System

Author: LiTanZuo
Tutor: ZhangLiPing
School: Xiangtan University
Course: Procedural Law
Keywords: legal profession profession autonomy freedom of association autonomy rights supervising mechanisms
CLC: D926.5
Type: Master's thesis
Year: 2008
Downloads: 187
Quote: 0
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Abstract


With the development of market economy and the growth of the lawyers, there are more and more problems coming out about the direct management of government. The article analysis the theoretical foundation and the function of the economy through the concept and characteristics. And then it try to discuss the problems of the legal profession autonomy system. Referring the foreign legal profession autonomy system, it make a research on the improvement of the legal profession autonomy system. The legal profession autonomy is be defined that through democratic elections within the Bar Association. It is characteristic of specific, democratic, self-governing and exclusive. The legal profession autonomy system can play as an intermediary organization between state power and lawyers, can prevent the state power to violate the lawyers’, and the Bar Association also can take some originally function of the government, and the limited resources of public power can be better allocated. The legal profession autonomy is based on the right of citizens freedom which is provided by the constitution , social division and so on. Now there are some problems of our country’legal profession autonomy system .For example: it is lack of clear legal support for legal profession autonomy and Bar Association itself also has many shortcomings. By introducing the foreign legal profession autonomy system, we can borrow the useful experiences to improve our country’system. We can improve the legal profession autonomy system through these way。For example: we should make clear the power of Bar Association, and improve Bar Association itself. In addition, it need other power to supervise legal profession autonomy except the voting right of the member. The state authority would be a strong monitoring power. We can use the ways such as the legislative supervisation, judicial supervise and so on .

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