Leading To The Professional Road

Main purport of the thesis: Drawing the experiences of relevant theories achievements of history, law and sociology, adopting qualitative analysis and macro-examination as well as quantitative analysis and micro-examination, the thesis has put to order the complicated course of Shanghai lawyer's origin and development, evaluated the maturity of Shanghai lawyer as a kind of professional.The following are the skeletons of each chapter:Chapter One: Chinese lawyer appeared in Shanghai .It has put to order the complicated course of Chinese lawyer's origin and development in Shanghai. The lawyer's professionalization course was predicated on the establishment of the lawyer's regulations. Under the influence of inner requirement and outer challenge, the lawyer's regulations that took root in the political tradition of western society, explored in the late Qing Dynasty and set up in Republic of China. The establishment of the lawyer's regulations had recognized the legal status of lawyer in form of law and provided the framework of regulations and guarantees of law for the development of lawyer as a profession. In the basis of this, Chinese lawyer born in Shanghai, a place known as "leading the way of common practice" and then began its process towards professional. Through the early development of 1912 to 1926, it was in the stage of deep development and turned into the most prosperous city in the aspect of lawyer in China in the period of 1927 to 1937.Chapter Two: Group perspective of Shanghai Chinese lawyer .It has analyzed the characteristics of Chinese lawyer group in Shanghai in three aspects as the constitution of the group, the income level and the professional ethics. The team of Shanghai Chinese lawyer was composed mainly of non-native immigrants and men that were evidently belonged to different cliques and varied in academic credentials; with regard to their income level, there was also a lot of difference; for the professional ethics, no profession norms had taken into shape that could be complied with by all due to lacking the united morals to make sure, and so it presented the situation of divided loyalty. All these made it have the clear-cut characteristics of multivariate heterogeneity, thus professional group of lawyer with high isogeneity hadn't taken into shape.Chapter Three: Professional career of Shanghai Chinese lawyer .Based on archives and other related documents, this chapter has given a dynamic investigation and panorama appearance of Shanghai Chinese lawyer's legal environment, organizational form and contact course of handling cases. The legal environment of Shanghai Chinese lawyer was very complicated and it showed mainly in the multivariate of applying law and judicial organ. Shanghai Chinese lawyer mainly worked in the organizational form of law firm and they obtained cases mainly through personal relation and modern medium in the contact course of handling cases. Their business scope involved all sides, among most of which were civil case agent and criminal case defender. Through the investigation, we could draw the conclusion that Shanghai Chinese lawyer had gone deep into every aspect of the society. Though theirbusiness scope was very wide, they were low in specialization.Chapter Four: Shanghai Bar Association .As the organization of Shanghai Chinese lawyer, Shanghai Bar Association was born in 1913.it had experienced the transformation from president system to. committee system in the structure of organization. As a professional organization, it strived energetically for the monopoly of the lawyer business and the autonomy of the law industry; as a public organization, it sought political participation and constantly adjusted its form and style of political participation according to the continuous change of situation. Though Shanghai Bar Association was one of the best organizations in Shanghai and had great influence in associations of the whole nation, lacking functions of credential examination and punishment were its tremendous defect.Chapter Five: Shan...