Exertion Of Lawyer's Function And Implementation Of Fair Justice

The study of fair justice can't be separated from the analysis and discussion of legal careers. Lawyer is an important branch of legal careers. For the implementation of fair justice, it is significant to fully exert the function of lawyer, especially the social function of lawyer.Starting with the exertion of social function of lawyer, the article analyzes the significance during the implementation of fair justice, finds out the factors restricting the exertion of lawyer's function and restraining the implementation of fair justice, and gives advice for fully exerting the function of lawyer and implementing fair justice.The whole article is composed of preface, text and conclusion. The main content is as follows:â…  . The significance of lawyer's function in implementing fair justice. Staring with the definition of lawyer, this section further explains the theoretical base of lawyer's function, as well as the role of exerting layer's function in the implementation of fair justice.The first question is resolution of the concept of lawyer. The definition of the concept of lawyer can be divided into two aspects, that is formal definition and essential definition. Formally, lawyer is the person who has qualification of lawyer,holds certificate of practice, and engages in the work of lawyer. Here it is emphasized that the career of lawyer bases on the national recognition and guarantee and standardization. Substantially, lawyer is the specialized person who provides legal service, and the unspecialized person doesn't belong to lawyer.The second question is the theoretical base of lawyer's function. Lawyer is the product of the society and the reflection of certain social relation, and it produces important influence on the society, having certain adjustment of social relation. The above is the function of lawyer. The main theoretical bases of lawyer's function are: selfish departmentalism theory of party, selfish departmentalism theory of state and selfish departmentalism of society. In spite of some contradictions among them, the main problem is the different viewpoint in analyzing problem. In fact, the three can form an integrated theoretical system through mutual coordination and supplement.The third question is the role of exerting the function of lawyer in implementing fair justice. The exertion of lawyer's function in implementing fair justice has the roles that are briefly embodied on the following aspects: protecting the citizen's rights and restricting the state's power; participating in the politics and promoting the process of democracy; advancing the understanding and application of law; maintaining the right implementation of law and the unification of law and governance; enhancing the consolidation of legal career communities and promoting the implementation of fair justice.â…¡. The factors restricting the exertion of lawyer's function and restraining implementation of fair justice. There are many factors that restrict the exertion of lawyer's function and restrain implementation of fair justice. This section analyzes the reasons why it is difficult to exert the function of lawyer and the implement fair justice from many aspects such as the lack and loss of historic resources, the fetter of current system, the trouble from the risk of the lawyer's work, the hit from the commercialized sense to lawyer, the misunderstanding between officials and people restraining the promotion of lawyer's status, and the lack of self-discipline and self-control of lawyer and the industry and so on.The lack and loss of historical resources: From the development history of Chineselawyer system, lawyer system of China should be regarded as modern symbolization, lawyer in China has no forces supported by politics as lawyer in western nationality, not to say exerting the social function of lawyer as western nationality doing, so there is no support to lawyer from traditional culture in our country. The fetter of current system is briefly embodied on that lawyer is lack of insurance of system. The various risks existing in the work of lawyer, such as risks made by not obeying discipline, risks beaten by others, risks regarded as enemies of concerned organizations because of not obeying their volition; at the same time, under the situation of social honor being worse, even the lawyer is responsible, the risk still exists, this kind of risk is not owing to the lawyer, but the existing risk will do harm to exerting the function of lawyer. Besides, the impact of selfish departmentalism of official in our country, the tendency that the lawyer' work is for money, and light moral self-discipline and service sense of lawyer inevitably restrict the exertion of lawyer's function and restrain the implementation of fair justice.HI. The advices for exerting the function of lawyer and implementing the justice of judicature. Several advices are given in this section: reforming the system of judicature, optimizing the environment of lawyer's work, consolidating the community of states of lawyer, enhancing the control and education of lawyer, establishing the system of credit of lawyer, and increasing the trust of the citizen to lawyer.In the reform of the system of judicature, the judicature team of high quality and professionalism shall be established, and the insurance institution of fair justice shall be perfected, including the implementation of the judge independence, enforcement of legislative work, formulation of perfect legal system, proper restriction of discretionary power of judge, and the establishment of judge communication system and son on. In the optimization of the environment of lawyer's work, the internal and external environment shall be both optimized. The optimization of the internal environment contains the enhancement of management and supervision, standardization of practice, promotion of lawyer's service level, and establishment of the brand of lawyer industry and so on. The optimization of the external environmentcontains: giving excellent lawyer chances to exert his abilities, then the social will give more self-identity sense on lawyer; drawing up much law, giving lawyer favorable work environment; harmonizing relations between concerned organizations, establishing new policy to exert lawyer' s function, and smoothing channel to make lawyer have more chances to act service. Through the consolidation of the standards and conditions of designation of judge, public procurator and lawyer, the community of legal careers shall be consolidated, and then the community of legal careers will take up the hard task of establishing constitutional country. Through the standardization of legal services of lawyer, including standardization action and cosmos of legal services, through standardization of administrator's administration actions, through standardization of law form's self-management actions, and through the constant consolidation of educational activities of lawyer team and the enhancement of management and education of lawyers, the judge and the lawyer will exert their function in implementation of fair justice to establish legal state. The system of credit of lawyer shall be built to increase the trust of the citizen to lawyer, make lawyer accept the commitment from the citizen and participate in various issues of lawsuit and non-lawsuit and fully exert the function of lawyer. And then the implementation of fair justice shall be promoted.