The Study About The Problem Of Lawyer Management Sysetem In China

Lawyer and legal profession play a unique and irreplaceable role in China's development of"rule of law". However, current lagging lawyer governance system causes many lawyers to deviate from their processional missions and values. Furthermore, China's commitment to open its legal service market after its accession to WTO also raised serious challenges on how the current system adopt and deal with the post-WTO era. Therefore, examination and further autopsy of the current system is needed. This article would analyze such topic and the focus would be given on comparing and researching on different legal systems under the scope of different legal traditions. The questions that the leadership role the communist party takes and the independence of legal system would not be discussed here.The paper divides five chapters.First would start with an overall exam of China's legal profession.The second part of the paper is to discuss the essence, tradition and the status quos of China's lawyer governance system. The third part of the article discusses the issues existing in the current system.The fourth part is on the comparative study among China's lawyer governance system and that of other countries. Finally, the article would discuss the solutions and proper direction to reform the lawyer governance system. Based on the status quo of China and the reality of Chinese lawyer system, I believe that the goal is to establish a governance system that the government's judicial and administrative agency only set the macro guidance. In other word, under the new system, the lawyer associations not the government should take a major role in lawyer governance. The lawyer association should gradually transform itself from a self-disciplinary organization into an organization with autonomous power, and finally become independent. Applying those public policy concepts raised in the previous paragraphs, I suggest that reformation to be done in following aspects: first, from legislation perspective, I suggest the revision of << Law of lawyers>>, granting the governance power and function that lawyer associations should enjoy. Second, in terms of re-designing the current system, we should establish the basic principles of the professional association governance model; these basic principles are independence, effectiveness, and democratic decision-making process. We should further marginalize the government's function in the lawyer governance, limiting the government's role only to give the macro level guidance and transferring the real power to the lawyer association by real steps, and strengthening the development of the lawyer associations, especially local lawyer associations, making them more capable. From an operation perspective, we should transfer the punishment rights and certification-granting rights from the government to the lawyer associations, implement a three-layer lawyer association framework, reform the administrative governance inside the government pyramid, and finally improve the internal governance system within the lawyer associations.