A Tentative Analysis Of The Establishment And Effect Of The Lawyer System Of Beiyang Government

Gone through the changes of later Qing and the beginning of the Republic of China, the modern Chinese lawyer institution was established by the Beiyang government at last. At that time, the interior condition had gestated some factors, which was insufficient to make the institution set up automatically, to admit the lawyer institution, while the extraterritoriality stimulated the birth of the lawyer system of Beiyang government. So the modern Chinese lawyer institution is an abnormal result of a special Chinese history period. The aim of setting up the institution was not only to remove the interior shortcomings, but to abolish the extraterritoriality thoroughly. Therefore, there must be some conflicts and fuses between the advance institution and the elementary society. Through examining the lawyer institution of Beiyang government, the author wants to bestead the issue of transplanting system and effect optimize by summarizing lecture of it.This paper consists of four parts.In the first part, the author makes a detailed analysis of the reasons of setting up the lawyer institution. The following two factors are necessary to it. Firstly, the politics, economy, ideology and culture of domestic had breaded the lawyer institution in some degree. Secondly, the external crisis especially the extraterritoriality stimulated the birth of the lawyer institution.In part two, the author relates the specific content of the lawyer institution of Beiyang government. After being corrected many times and several supplements, the lawyer institution had formed a whole system before the founding of NanJing national government, which covers lawyer qualifications, lawyer works, lawyer punishment, lawyer obligation and lawyer organization.In the third part, the author evaluates the effect of the lawyer institution of Beiyang government. Owing to the advancement of the lawyer institution itself, it promoted the progress of the modernization of Chinese law. The lawyers had made important contributions in the law cases between Chinese and foreigners, taking back the extraterritoriality, taking part in the progressive enterprise of the times, showing concerns for humanity and providing the help with law for the poor. At the same time, because of the effect of the traditional culture and ther characters, the lawyer institution had so many shortcomings that people call in question about it.In the forth part, the paper makes a deep analysis of the reasons to limit the effect of the lawyer institution of Beiyang government. The circumstance of politics, economic, law, the unlawful lawyers and the lawyers with lower quality are the main factors to limit the effect of the lawyer institution.At the end of the paper, the author makes a brief summary about the lawyer institution of Beiyang government and puts forward several pieces of enlightenments about it.