The Study Of The Role Of Lawyers

Lawyers have become more and more vital on China's road to rule of law and even become the third impetus to it. The study of the role of lawyers can shed light on the past, present and future of the group and crystallize the status, function, value and historical mission of Chinese lawyers. The lawyers are defined as those who regularly engage in legal action despite not regarding it as their leading economic source or occupation. Along with the law's separation from criterion of religion and morality, they're gradually accumulating common legal knowledge, developing a common way of legal thinking and a common sense of nobleness and justice, and further strengthening their independence.In the Chinese traditional society and the early western society, the lawyers experienced the role formation stage. They mainly engaged in legal action and revealed some consistency in their way of behavior, although the characteristics of the group had not become evident. After the 11th century, lawyers commenced their process of specialization, and gradually got the identification with layers'identity, then the conscious self-definition. At the same time, the remarkable common traits of lawyers showed themselves: common education background, common way of thinking, similar sense of nobleness and justice, and highly independence.At the initial formation period, the present Chinese lawyers have common traits of lawyers on the one hand, but on the other hand, they're faced with their own role dislocations, which are visible main in the way of thinking, independence, the requirement of specialization, and the requirement of being honest and clean. These four dislocations make up of the leading factors of barrier to the formation of Chinese lawyers. In order to promote the advance of own role, the lawyers ought to take measure positively such as improving their specialized quality, shaping the sense of nobleness and justice, sticking up for the group independence and so on, after cognizance of above dislocations.The present thesis aims at exploring the lawyers'historical development vein in China and western countries on the base of the analysis of the characteristics of lawyers, in the hope of acquainting Chinese lawyers with their dislocations with the country and the society and then take effective measures to adjust themselves in order to quicken the process of the formation of Chinese lawyers and the modernization of the rule of law.