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Comparison and Study on the Barrister Systems of Both Sides of the Strait

Author: CaoFengMing
Tutor: HuXiQing;WangJunMin
School: East China University of Politics and Law
Course: Procedural Law
Keywords: Comparative Study Lawyers Rights Continued Education Judicial system Development opportunities and challenges Strait joining the WTO Take measures Qualify for Legal workers Join WTO
CLC: D926.5
Type: Master's thesis
Year: 2004
Downloads: 317
Quote: 2
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Abstract


Lawyer system is to achieve the referee fair, favorable means of justice, lawyers and judges, prosecutors, like all responsible to ensure the correct implementation of the law, to protect the legitimate rights and interests of citizens and legal persons, the conduct of the trial and the court's purposes and objectives are the same . When a lawyer's role in society has been generally considered that \, if it considers contrary to existing statutes are the principles of fairness and justice, lawyers should also take measures to facilitate amending the law, if there is the risk of human rights violations, but should not exclude the legal system to go beyond the \So lawyers as legal workers, charged with the important responsibility of building national law, whether the lawyer system, as well as the adequacy of the lawyer system, is to judge the soundness of a country's democratic and legal adequacy logo. Sides to join the World Trade Organization, the World Trade Organization (WTO) also takes effect on both sides, for the opportunity to increase international legal rules, the legal environment is also facing a new stage, full of opportunities and challenges for development risks, bear the brunt of the executive, legislative and the judicial system have to comply with WTO requirements of the system, and lawyers on both sides is inevitable to face a variety of legal issues, and the lawyer system itself is part of the judicial system, and the justice system has a very close link, for the protection of the people legal rights, improve the judicial system, with a lt; WP = 4 gt; extremely important. Lawyers on both sides by the relevant provisions of norms and regulations for lawyers nature qualify for ways pre-service training, continuing education, right to defense counsel, law firms morphology, and after joining the WTO, etc., revealing the operation of cross-strait status quo lawyers, there issues as well as the direction of reform. Based on the above, this thesis is hereby summarized as follows: Introduction. Contains foreword, the motivation and purpose of the study scope and methodology. Lawyers in nature. Lawyers on both sides explore nature, the spirit of the principle of lawyer discipline, and promote the development of lawyers. Solicitor to obtain. Explore the cross bar exam, assessment, checklist, and qualified as a solicitor restrictions. Lawyers pre-vocational training and continuing education. Lawyers on both sides explore pre-service training and continuing education of the missing, the relevant reforms and suggestions. Law Firm sides form. Explore the types of cross-strait law firms, and law firms should shape the future. Legal aid system. Explore the two sides under the legal aid lawyer, should play a role. The right to defense counsel. Lawyers on both sides discussed the trial stage in the investigation stage and the problems encountered, and future reform ideas. Lawyer disciplinary responsibilities. Lawyer disciplinary approach and discipline necessary directions for improvement. After joining the WTO, lawyer system supporting measures. Explore the strait open accession to the WTO and impact of legal services. Conclusions. Including the problems faced by lawyers on both sides, trends and direction of reform.

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