Analysis Of The Outline Of Lawyer's Political Functions Theory

In a country under the rule of law, lawyer is a political occupation with important political function, and the lawyer system, in itself, is a part of the political system, for which, the lawyer system is said to be an essential guarantee for a country ruled by law. The author deems that there has come a tendency of catabolization in the occupation of lawyer (esp. in present China), which is primarily embodied by the fact that some lawyers reconciled to the allure of commercial benefit, while their basic function of serving the public welfare has been ignored intentionally or unintentionally. Therefore, the emphasis of lawyers'political function is not only a call for"justifying"the occupation of lawyer, but also a must for retrieving the value of this occupation, which is of great significance to the construction of a law governed country and harmonious society. The independence of the occupation of lawyer brings it the conditions to serve the public welfare, equaling the endowment of political function; hence, the independence of the occupation of lawyer is the basis of lawyers'political function. The author, from the independence of lawyer in the perspectives of realization of law and evolvement of law, defined elementarily lawyer's political function, and, concentrating on the political function related issues, tentatively explores the approaches and modes of the realization of the political function, on which basis, makes a brief analysis of the practicing right—the guarantee of the realization of lawyer's political function, and mentions the advantages and restrictions acting on the realization. Generally, the author, starting from analyzing the characters of the occupation of lawyer, makes rewarding explorations into the concerning problems with the presentation of original points of view, and thus, it will definitely for sure to bring helpful edification to the theoretical researchers that are probing into the lawyer system.