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Construction Of Lawyer's Professional Ethics In China

Posted on:2009-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:K ChenFull Text:PDF
GTID:2166360245982451Subject:Procedural Law
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Professional ethics for lawyers refer to the system of moral principles and rules of conduct observed by lawyers when doing their duties. The development of western professional ethics for lawyers has a long history, beginning the development in as early as the ancient Roman times, which produced deep influence on the development for professional ethics. The modern capitalist countries promulgated a series of laws, establishing the system of professional lawyers, which provides legal basis for the formation and development of professional ethics for lawyers. Later, strict and detailed regulations on professional ethics for lawyers were made, which become moral principles and rules of conduct observed by lawyers when doing their duties.Compared with modern western countries, the development of professional ethics for lawyers in China lags behind with some practical problems. In the relationship between lawyers and judicial officers, some abnormal situations can result in the anomie in their professional relationships; In the relationship between lawyers and clients, clients' interest might not be effectively guaranteed due to the inadequacy in the capability and morality of the lawyers; In the relationship between lawyers and the public, the mood of public may disturb the normal practice of the lawyers, and public media may misguide or even influence judicial justice; The vicious competition in the circle of lawyers is a prominent problem.There exist manifold reasons for those problems in the development of professional ethics for lawyers in China. As to the judicial system and environment, there is a lack of value and belief basis for the system; As to the design and function of lawyers' system, there are various limitations, which bring about lots of problems, such as chaotic competition in the legal service market, inconsistent access system for market subjects, ineffective management and increasing monopoly; There has been negligence in the education of professional ethics for lawyers. The most inadequacy in the law education in China's institutions of higher learning is the lack of professional ethics education, and further professional education for lawyers is also ineffective. The backward concept is the fundamental cause for the problems in the development of professional ethics for lawyers in China.To improve the construction of professional ethics for lawyers in China, there should be fundamental concept creations and strengthening of concept construction in the following eight aspects: the concept of social responsibility; the concept of professional loyalty; the concept of clients' interest priority; the concept of compliance with requirements of law and order; the concept of legal professional unity; the concept of independent practice and responsibility; the concept of reducing commercialization and the concept of lawyers' self-discipline as the core complemented by supervision.
Keywords/Search Tags:lawyers, professional ethics for lawyers, concept
PDF Full Text Request
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