The Research On Lawyer Certification Admittance System

Lawyer System is deemed as the product of democracy and rule of law, it form one important part of one country's judicial system. Practice Access System for Lawyer is the cornerstone of Lawyer System and it is entitled to deeply research. In main west countries, Practice Access System for Lawyer developed for a long time and gradually become relatively maturity, and undoubtedly it have important significance to reform and perfect the relevant system in our country. Except India and a few south-east Asia Countries which confer the lawyer qualification by means of evaluation, no matter the common law countries or the civil law countries, most of them confer the lawyer qualification by means of examination. The examination and requirements for acquiring lawyer qualification are very strict in most of countries, the system for pre-working training, intern, swear, registration, etc, is detailed and strict.Practice Access System for Lawyer mainly includes the requirements/manners for acquiring lawyer qualification, and the permit for lawyer practice. Our country takes the binary system for Practice Access System for Lawyer, which is the separation of acquiring lawyer qualification from permit for lawyer practice; Lawyer qualification can be conferred by means of examination or valuation, which coexist, the examination is the main conferring manner and valuation is the supplement; Practice Access System for Lawyer include two administrative acts (i.e. acquiring lawyer qualification and issuance lawyer practice certificate); in order to guarantee the justness and public trust of lawyer practice and supervise and manage the lawyer practice, our country take a series restrictions on lawyer practice in relation to practice location, part-time practice requirements and practice of non-lawyers, etc. To the problems and defect of current lawyer practice access system in our country, this article think the followings should be reformed and perfected: 1, Licensed practice system for lawyer should replace the valuation system; 2, reform judicial qualification exam;3, perfect practice permit system which mainly include the pre-working training, internship, moral valuation, management of practice certificate, swear, registration, etc.; 4, establish the suspension system for lawyer practice. The essential of Practice Access System for Lawyer in our country is the offside of management function of government, absence of function of lawyer association, the fundamental solution to change the current situation is transform the function of government and fully exercise the self-regulate function of lawyer association.