On The Study Of The Rights Of Lawyer In Civil Procedure

Lawyer's rights in civil procedure that is the very important part of lawyer's rights is the rights with which lawyer can act better in civil procedure. At present, the current definition of lawyer's rights in the academic area has some defects, and lawyer's right in civil procedure has also some problems, so it's necessary to redefine them. In civil procedure, for litigant's proper interests and rational utilization of law, lawyers can enjoy the scale where they may do something or not do something and where they can ask other relative people to do something or not to do something, even the possibility that lawyer can defend his rights in enough effective ways when his rights are damaged. Lawyer's rights in civil procedure in contact with the nature of civil disputes has it's characteristics. These rights result from the theory of law, law system and practice. According to different criterions, lawyer's rights can been divided into three types: legal rights, appointed rights and authorized rights. Legal rights include the right of investigation, the right of consultation and the right of question and so on. Appointed rights have the right to ask parties to tell truths, the right to get fee from litigants and the right to defend, etc. Authorized rights consist of the right to acknowledge for litigants, the right of conciliation and the right to countercharge and so on. In practice, the realization of lawyer's rights in civil procedure is restrained by two conditions----internal factor and external factor. Among them, internal factor have mainly the law system on lawyers and lawyer's quality. External factor include the support of fund, safeguard of politics and the condition of culture. In our country, some important rights of lawyer in civil procedure can't be realized well because of the shortcomings of legislation on lawyer, the lack rules of relief, the bad quality of lawyer, few fund, low position in political area and the prejudice in culture. So we must make good measures to remedy these defects by perfection of law system, improvement of lawyer's quality, adjustment of fee and expenditure, guarantee of politics and so on in order to raise lawyer's position and to make them to play a better role in civil procedure.