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Lawyers' Integrity In Practice

Posted on:2020-02-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:S H LiFull Text:PDF
GTID:1366330575470212Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Lawyers are the guardians of social integrity,and integrity is the soul of the lawyer profession.The integrity of lawyers not only helps to promote the healthy development of the lawyer profession,but also contributes to the promotion of the rule of law in the country and the building of social integrity.Integrity is not only related to the social credibility and reputation of the lawyer profession,but also related to the success or failure of the rule of law in the country.However,the current integrity issues in the lawyer profession have seriously damaged the overall image of this industry and weakened the status of lawyers in the process of national rule of law,and also harmed the legitimate rights and interests of clients.Therefore,the study of lawyers' practice of integrity has theoretical and practical value,and it is an urgent problem to be solved in the current rule of law."Sincerity" means honesty and no deception.The meaning of "belief" means adhering to the promise and conforming words and deeds.The so-called "honesty" means that "words and deeds are consistent with the heart,not false." Loss of trust-the natural enemy of contemporary China's integrity,resulting in lack of government credibility,lack of judicial credibility,lack of people's aggregate power.Losing trust has different quality and quantity problems in respect of economic activities,social management,culture and education.The lawyer profession has basic attributes,such as legality,sociality,independence and professionalism.The integrity of lawyers' practice helps to promote the professional development of lawyers,promote the social process of national rule of law and social integrity.This thesis based on study on the integrity of the ancient litigators,lawyers in the late Qing Dynasty,Beiyang government and Nanjing National Government,as well as the professional integrity of lawyers in the early days of the founding of the People's Republic of China.By comparing the integrity of lawyers in the UK and the United States of America,and by comparing that of German and Japanese lawyers in the civil law system,and the lawyers in Hong Kong and Taiwan in China,the writer believes that institutional environmental differences have a greater impact on lawyers' integrity.The problem of lawyers' integrity can be guaranteed through perfecting the system,consolidating through the strengthening of honesty education,and realizing through the industry self-discipline.The normative and procedural characteristics of lawyers' practice integrity determine the legal integrity of lawyers' practice.The professional integrity of lawyers is reflected in the legal beliefs,which are reflected in the service provided to the parties and in contact with prosecutors,judges and lawyers.The problem of honesty and integrity of contemporary Chinese lawyers mainly occurs before accepting entrustment,performing commissions,and after termination of entrustment.It also appears in court and outside court,and it is particularly prominent in non-compliance with professional conduct and unfair competition.The problem of the integrity of contemporary Chinese lawyers is related to the transformation of Chinese social structure,the transformation of professionalism and the status of lawyers,the specific social structure and cultural structure,and there are both individual and social reasons.To solve the problem of the integrity of lawyers' practice in China,I have the following suggestions: Firstly,the systematic reconstruction of the integrity of lawyers' practice in China must respond to the basic problems of the balance between "profit" and "righteousness",and highlight the core connotation of lawyers' practice integrity.Secondly,China's lawyers' practice integrity can be relized by strict occupational access system,improve the principal-agent system,establish a practice conflict review system,establish a service quality tracking feedback system,improve the liability compensation and insurance system,establish and improve the lawyer's reward and punishment system,and establish a national legal situation and establish reasonable system of lawyers' fees and distribution system.Thirdly,integrity of lawyers in China can be guaranteed by strengthening the management functions of the lawyers association,improving the self-discipline of the lawyer industry,and improving the credit supervision system such as credit reporting and information disclosure systems.Fourthly,the issue of honesty and integrity in China's lawyers can be promoted through strengthening social integrity,fostering social integrity,improving the social credit system,and improving the social legal system.Finally,China's lawyers' integrity can be achieved through strengthening the integrity education of law students,deepening the integrity education of practicing lawyers,training and experience exchange and other teaching and learning methods.
Keywords/Search Tags:Lawyer, Lawyer Profession, Professional Ethics, Integrity
PDF Full Text Request
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