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A Study Of "Barefoot Lawyers" In Rural Society

Posted on:2012-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:L P HanFull Text:PDF
GTID:2166330332497201Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Currently, barefoot lawyers as legal persons of the rural society are playing important roles in the grassroots legal service market of China. Although they obtain legal knowledge through self-learning and their legal skills are a bit rough, barefoot lawyers are more popular with people of rural society compared to lawyers. Because barefoot lawyers match with the characteristic of the acquaintance society, do not obtain money for the purpose, and base in a long-term human exchange. With the growing number of barefoot lawyers, scope of practice continues to expand, barefoot lawyers' lives in the state in the judicial activities of contemporary are being more and more attention in academia. Based on the practical realities and needs of our country, I want more in-depth investigation and analysis to barefoot lawyers. This paper attempts to explore the relationship between barefoot lawyers and regularized legal professionals, analyze their effects on the process of the legal profession, and then find a way out of its future development. At the same time, I will reveal the problems towards the professional development further in the hope of the legal profession and movement of critical reflection to find out the road of career development which is suitable to domestic conditions.My thesis contains six parts as follows:The first part proposes article writing background, study situation and academically significance.The second part is the historical background and the practical reason for barefoot lawyers in rural society. First, this part introduces the social background that barefoot lawyers live. Rural society is changing with the changes of our society, but the tradition of human trust in acquaintance society still exists. Second, I describe the meaning and characteristics of barefoot lawyers. Third, I describe Chinese feudal counselor as the historical origin for barefoot lawyers. Finally, I describe detailed the practical reasons of the rise of barefoot lawyers. The main reason is this stage of grassroots legal service system is not perfect.The third part is the analysis of barefoot lawyers in the legal role of the rural society and social function. First of all, barefoot lawyers can provide legal services for farmers and transform the right from ethical right to legal right, further to realistic right. Second, barefoot lawyers can improve the legal awareness of farmers and spread the rule of law principle. Third, barefoot lawyer is the bridge between living word and legal system. Finally, the barefoot lawyers also play a fusion of folk law and state law.The fourth part is the living space and living difficulties of barefoot lawyers in the Chinese legal profession. First, the article briefly presents the contemporary Chinese legal profession of sports trends and characteristics, and further reveals the problems as legal knowledge technologically, technology monopoly and commercial interests. Secondly, barefoot lawyers as complementary factors can exist on condition that there are problems in the regularization legal profession system. Finally, the article describes living difficulties of barefoot lawyers in the Chinese legal profession.The fifth part is the future of barefoot lawyers. Based on the discussion above, I believe that barefoot lawyers will exist for a long time as non-regularization of legal workers in the dual system of transition. Of course, their identities should be legalized. With the construction of the legal professional community, barefoot lawyers ultimately will be incorporated into the process of the legal profession.The sixth part is the conclusion. The realization of the legal profession in China is a long process, so barefoot lawyers have meet the current demand for legal services in rural areas. But how to build legal professional community including barefoot lawyers, construct legal service system which fit with the need of multiple legal services. It needs substantial reform, also needs careful exploration.
Keywords/Search Tags:Barefoot Lawyers, Rural Society, Legal Profession, Legal Professional Community
PDF Full Text Request
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