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Comparison And Study On The Barrister Systems Of Both Sides Of The Strait

Posted on:2005-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:F M CaoFull Text:PDF
GTID:2156360122985348Subject:Litigation
Abstract/Summary:PDF Full Text Request
Based on a country's law, the barrister system is an overall term that involves attorney's natures, responsibilities, qualifications, business scopes, rights, duties, organization, and activities which provide legal services to the society, and it is always realized as one of the reasonable methods to achieve fairness and justice. Same as judge and public prosecutor, attorney effort to guarantee the law correct implementation and protect the citizen and legal people legitimate rights and interests. This duty taking behavior has as similar objectives and goals as the court trial does. Thus, when the meaning of the playing role of attorney in the society has been generally thought as protecting human rights and achieving social justice, attorney should not only rely on the complete rules of official law as the only standard but also depend on the conscience and rational judgment of attorney her/himself. It means when the violation of fairness and justice has occurred in written laws, attorney should try methods to accomplish law repairs. Likewise, it means when the violation of human rights has arisen, attorney should also try to flatten it with "conscience" and "sense" that surmounts the legal system. Thus, as legal workers, attorneys are responsible for the development of a country's legal system while the existence and completion of barrister system is being the symbol of judging the successful of a national democracy. After both sides of the strait joined the World Trade Organization, the agreement of WTO very much affected the Mainland China and Taiwan, and the opportunity of referring the international rules increased at the same time. To the legal system, it can be treated as an overall new stage that fulfilled with chances, benefits, and of course risks as well, but to the other systems, such as the administration and the legislation system of a nation, it is definitely an impact and challenge as they have to conform to the WTO requirements and rules. As for this, attorney of both sides of the strait have to face and deal with various legal matters for protecting people's lawful rights and the accomplishment of the legal system. This not only shows that barrister system belongs to the judicial system and has quite close correlation with the legal system but also the vital significance of a successful barrister to people and their nations. By reviewing the related attorney's stipulations and systems, such as the policies and rules that state the nature, ways of obtaining qualifications, and pre-job training for attorney of the both sides, the actual problems will be discovered and the correct reform direction will be obviously clarified.The topics that will be contained and considered in this paper state as follows:Attorney Nature. This part discusses about the nature of attorney of both sides and the principle that an attorney should have to promote their self-developing process. Attorney Qualification. This part explores the ways and kinds of examinations, inspections, and limitation for attorneys of the both sides to obtain their qualification. Pre-job and Continuous Training. This part discusses the present view of the pre-job and continuous training exist between both sides and points out the weaknesses and the possible ways to reform. Law Office. This part explores the present types of law offices of the both sides and the predictable shapes in the near future. Legal Help System. This part discusses the potential roles that the attorney of both sides should play under the legal help system. The Defense Attorney's Right. This part discusses the possible questions and uncertainness arose upon the detection and trial stages and offers the some ways to overcome with.Disciplinary Punishments and Responsibilities. This part discusses about the present way to give disciplinary punishments and the direction to improve.The WTO Impact. This part explores the impact on the barrister systems of the both sides and as well discusses the affection to the law service ind...
Keywords/Search Tags:Comparison
PDF Full Text Request
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