Study On The Role Of Chinese Lawyer In Public Legal Service

The role is the role expectation and patterned behavior made by people with the same social position in a specific situation,and the definition of analysis role should be carried out from four aspects: "specific situation","same social position","role expectation" and "patterned behavior".On this basis,the role of lawyers in public legal service refers to the role expectation and patterned behavior of lawyers with the same social position in a specific public legal service situation,and the study of lawyers’ role in public legal service should start from four aspects: "specific public legal service situation","lawyer’s social position","lawyer’s role expectation in public legal service" and "lawyer’s patterned behavior in public legal service".Practice situations and the relationship between "lawyer" and " state(government)" are the defining conditions of the lawyers’ role.Based on the supply mode of public legal service in China and the way of access for lawyers,the types of lawyers’ practice situations can be divided into the commercial-competition situation,commercial-noncompetition situation,voluntary-non-competition situation,and authority-noncompetition situation.In the context of China’s public legal service,the relationship between " lawyer " and " state(government)" should be discussed from two levels,namely,the relationship between the professional group of lawyers and the state at the macro level,and the legal relationship between the lawyers who participate in the provision of public legal service and the governments who undertake the responsibility of public legal service at the micro level.Role expectation is the essence of the lawyer’s role.In public legal service,the subjects expected by the role of lawyers include the coordinating body of public legal service,the supervision body of the lawyer industry,and the purchase and consumption body of public legal service,which together form the "four-fold supervision system of public legal service",and make role expectations to lawyers according to their respective power and right.In form,the expectation of a lawyer’s role is the legal obligation,professional ethic,practice discipline,and contract obligation.In content,the expectation of a lawyer’s role includes professional expectation,market expectation,and intermediary expectation.In essence,the above-mentioned expectation of the lawyer’s role is a diversified normative system composed of legal norms,intra-party regulations,lawyer industry norms,and other norms.Patterned behavior is the external expression of the lawyer’s role.The patterned behavior of Chinese lawyer in public legal service is the regular and characteristic behavior formed by lawyer in four practice situations and in the interaction with three types of expectation subjects,including the behavior based on the legal profession,the behavior based on market service and the behavior based on collaborative governance.In an ideal state,the patterned behavior of lawyer should be consistent with the role expectation.The main reasons for the problem of lawyer’s role in-integration and lawyer’s role pressure can be summarized into four aspects,namely,the difference of the position of the lawyer’s role expectation subject,the difference of the lawyer’s role expectation subject goal,the difference of the lawyer’s role expectation subject power and the overlap of the lawyer’s role expectation subject power.The realization of the role of lawyer in public legal service should start from the role expectation.On the one hand,straightening out the relationship between various role expectations to achieve the goal of lawyer role integration,on the other hand,by observing and analyzing the deviation between the lawyer’s patterned behavior and the role expectation,and reflecting on the discomfort and inappropriateness of the lawyer’s role expectation,then,the lawyer’s role consistency can be realized.To explore the path to the realization of the lawyer’s role from the perspective of multiple normative collaborations,it is not only necessary to straighten out the relationship between the strength of the norms behind the expectations of each role in terms of effectiveness and the order of application,but also to clarify the boundary between administrative authority and contractual rights,and distinguish the similarities and differences between interest claims and rights claims.