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On The Establishment Of The Legal Professional Community In China

Posted on:2009-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:F LiFull Text:PDF
GTID:2166360245986936Subject:Law
Abstract/Summary:PDF Full Text Request
In today's world, legal professionalism has almost become the trend of globalization. Legal profession refers to the vocational that is formed by the engagement of people who got professional skills and ethics after legal professional training. All people engaging in legal work while legal professional community in general includes all of the people in the legal work form generalized legal profession. With the development of rule of law in China, the problems of legal profession have obtained an increasing public concern. To promote judicial reform and achieve legal system modernization through participation and efforts of legal profession and its community has become a basic consensus in law profession. the legal professional community in this paper generally refers to significance community, language community, knowledge community, thinking community, explained community, value of community and community autonomy including judges, prosecutors, lawyers and law scholars. The existence of legal professional community is the characterization of the society governed by law.The legal professional community in western countries was formed in a specific political, economic, cultural and religious background. Although there are different patterns in forming the legal professional community in the common law system and civil law system, however, the community in these two systems is similarly of great influence in the national legal order and economic. The author analyses the plight of China's legal profession and its community and its causes. The legal professional community in China has its inherent weaknesses, so the so-called legal professional community was not formed in China. The establishment of the career systems such as Market economic system and the universal testing system for legislation has provided economic and cultural foundation for the development of legal career and the formation of the community. China should take this opportunity to use the experience of civil law system and reform the legal profession so as to prepare for the construction of China's legal professional community. Legal professional community is essentially " imaged community", so how to construct is particularly important. Considering from the construction of system level, effort should made to achieve that legal professions have the same or more homogeneity and finally the legal profession become an independent class in the society. The formation of the legal professional community is an important premise and basis. Besides the top-down promotion from government and the bottom-up evolution by civil, the independent legal profession will become the third kind of driving force in the process of rule of law in China.
Keywords/Search Tags:Legal profession, Legal professional community, Rule by law
PDF Full Text Request
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