System Origins Of The Lawyer Of The Republic Of Study

Part One EXtemal Influence and Intemal Motivatonf The DeVeopment ofLegal Profession and PreParatory EstabllshInent of LaWyer System in the Last Yearsof the Qing DynastyThe estab1ishment of 1awyer system dUrin the period of the Rmpb1ic of Chinawas motivated by inner needs in the Chinese society and outside amence. On theone hand,a sPecial Profession which would be able to Provide the society with 1egalservice was to cedain otellt demanded by the evofution of the Chinese society andgradual develoPment of Chinese legal system. On the other hand, fordri powersobtained the consular jurisdiction in China through unequal treaties With the Qinggovernment in the last years of the Qing Dynasty had introduced directiy the modern1awyer system into China. The intrducton of the modem 1aWyer syStem acceleratedto the emergence of the laWyer system in China. These both factors of inner needsand eXtemal influence concurred to promote the development of legal profession inthe last years of the Qing Dyllasty Such deve1OPment llot only made theestab1ishment of laWyer system placed on the apenda of the Ding'S legis1atUre, butalso prePared Publlc opinion and laid a foundation fOr the eventual establishment oflawyer system in the RePublic of China.Part Two LaWyer System and Chinese Legal TraditionSeveral thousand years cwilizaton of China produced a unique political and1egal system and corresPonding political and legal culture. However this sPecialsystem and culture was incomPatible with legal profession. First of all, legalprofession was entirely differen from traditional Chinese politcal and legal thoughs.Secondly, the politcal ideas of "resPectin emPeror"and"resPeCting master"broughabOut a legal idea tha govrment took resPonsibilities fOr people in 1awsuits. Inadditiory the regUlations on litigatioll in traditional Chinese 1aws were alsoincomPatible with modern laWyer syStem. Aner the middle of the l9th centuryCbinese society under the chence of westem technology political, system as well asideo1ogy, began it's slow changes in the asPects of system and culture. HoweVeqChinese traditional culture stil1 played a sboificant role in the society Both of the1egal profession development in the last years of the Qing Dynasty and theestab1ishment of laWyer system in the perod of the RePublic of China were deePlystamPed with the brand of the historyPart Three InterAn RegUlations on LaWyers and EstablishInellt of LaWyerSystem in the RePub1ic of ChinaThe Promulgation the bolementation of the Interim RegUlations on LaWyersmarked the establishInent of lawyer system with the stye of the chal law system inthe Republic of China. The lawyer system of the RePublic of China at the eary stagehad several important Charactetistics, Firstly the statUs of laWyers as a Professionalwas clearly set. Secondly, prAnary qualification standards were estab1ished, in whicheducational background was an boortant reqndement of quallfication. Women wereexcluded from 1egal profession. Thirdly,dual management systems with judicialsupervision and professional suPerVsion were set uP.Part Four TOmious Development of LaWyer System During the Early Periodof the RePublic of China(l9l2-l940)From l9l2 to l926,the Nowhem Govemmellt of China, thrOUgh a seres oflegislation preliIIilnedly established laWyer syStem including qualifications,conditions, exaInination, election. duties, resPonsibillties and PwhshInents etc. In thejudicial practice of the ethe period of the RePublic of China, concreteimPlementation of laWyer system showed obvously uncoordinated at dffeent Stagesof the trial. From the promulgation of the InterAn RegUlations on LaWyers in l9I2 tothe abolition of the RegUlations on LaWyers in l940,reStrictions on LaWyersqualification, pwhcularly on conferment of lawyer qualification ch exemPtion ofexndnation, gradually and Strictiy developed. This development reflectedenhancement of qually of the reserve forces of lawye...