On The Roles Of The Attorneys Of Our Country In Civil Disputes Resolution Mechanism

With the development of the economy and people's stronger sense of safeguarding their rights, the civil disputes which are varied and complex, have got a rapid growth in our country .In order to adapt to these changes, academic circles have begun to explore the mechanism for resolving civil disputes .In the dispute settlement process, because parties lack professional knowledge, justice and efficiency values will be adversely affected, thus the dispute settlement mechanism can't give full play to its function. Therefore, the related auxiliary force needs strengthening. In particular, the role of lawyers is worthy of serious study and discussion. In the non-litigation disputes resolution, attorneys unify the legal laws and regulations and the experience, compare and weigh litigant's disputes in the view of litigation and non-litigation, assist the litigant to make rational choice in solving disputes .By balancing litigant's strength in disputes resolution, attorneys help to realize justice and promote efficiency of disputes resolution. In the course of utilizing lawsuit to solute disputes, because the litigant cannot thoroughly understand the tedious procedural law, it is very difficult for them to exercise the lawsuit right which is the essential premise for the litigation to exercise, therefore, through attorneys'participation can maintain litigant's right of suit from the procedure and the entity two aspects, it can also restrict the trail powers such as the legal procedure command jurisdiction, the fact recognition power and the applying law power .At the same time it also promote the development of the lawsuit pattern by this way.Although attorneys play a very important role in civil disputes in our country, the related environment and mechanism actually have not been safeguarded. Therefore,after our realizing functions of attorneys in the mechanism of civil disputes resolution, how to consummate the mechanism is a topic which is worth of being paid attention to. So we must work on the following aspects diligently, that is, building the right safeguard mechanism, strengthening the management and promoting the quality of attorneys, balancing the legal professional community, constructing the multi-safeguard mechanisms for attorneys working effectively .