The Emergence And Development Of German Lawyer System

The West have a professional lawyer in ancient Rome,then along with the revival of Roman law in Germany,the German lawyer system in its infancy.This paper is mainly along the ancient Roman legal system - the system of lawyer early German - German lawyer modern bourgeois system - the system of the German modern lawyer,the lawyer system in Germany have a history and development be initiated.Therefore,this paper is divided into four parts,specifically include the following:The first part,the main introduction of ancient Greece,ancient Rome and Western Europe during the feudal system of lawyer profile,so as to clarify the lawyer system of early Western thought and development.Lawyer was not originated in ancient Greece,but in ancient Greece,Athens has been able to see the embryonic form of the early lawyer.In fact, the Western system is from the lawyer of ancient Rome was "the spokesman," developed from.In the Roman Empire,dividing up part of jurists dedicated to answering legal advice, litigation and legal writing instruments,take part in the proceedings agent,it is called the "spokesmen." By the late Empire,"the spokesman" for the gradual formation of a professional. Specialized in order to distinguish between the writing,interpretation of the law jurists, specializing in the law,"the spokesman for" professional jurists called the "lawyer." Thus, beginning with the West and the concept of lawyer's name.After the demise of the Western Roman Empire,Europe entered the feudal society.Form in the proceedings,the majority of countries had abolished the debate-like proceedings and replace them with Inquisitorial Procedure.The expansion of religious forces,the clergy dominated Class professional lawyer. In such conditions,the defense and lost the role of agent system,lawyers will inevitably move toward a system in decline.The second part is mainly to introduce the 12th century early 18th century German legal system.Germany in the early Germanic customary law under the conditions failed to produce spontaneous professional lawyer.In fact,the German system is a lawyer at the early Roman law since Reconstruction and the reform of the church court proceedings arising under the influence.Germany in the early 16th century lawyer set up a system,most other countries in Western Europe has long been pursuing a "dual" system than the lawyer,and Germany is more inclined to the "one dollar" lawyer system.Germany at a time when another lawyer system is a distinctive feature of other countries in Western Europe earlier than the lawyers, Germany extremely low status of early lawyer.Ordinary people,as the lawyer for the "Jewish Street cheap industry." The lawyer believes that country is "the plague of justice",so to Friedrich Wilhelm I·rulers represented by a mistrust of lawyer and wantonly suppressed.In the Education Law lawyer skills and concepts are also a serious shortage of training,the graduate students who want to become a civilian personnel into the government department or become judges,lawyers only law students seeking jobs in government departments have no choice after the helpless.In addition,the lawyer and law professor who not only are the favorable treatment than there is different,and with the same status at the time of the judges is not very high ratio,and also in absolute lawyer under the wind.German lawyer for the early causes of extremely low status,I think there are three:1.Country tradition - the leading position in the executive power;backward and fragmented society - there is no desire on the lawyer;German conservative national legal culture - to exclusion of cultural factors lawyer.The third part,the main introduction in 1879 of "national law" after the enactment,the German lawyer modern bourgeois system.Germany in 1879 issued its first national bourgeoisie of a lawyer law - "National law" to deliver its capitalist system for the initial set up lawyer.Since then,the unity of the legal system in Germany of a large-scale construction and the necessary stimulus and domestic situations,the substantial increase in the number of German lawyer,the lawyer has improved society,industry,ushered in its own lawyer,"a short spring." But not last,the Nazi regime after the country achieved industry lawyer to destroy the entire area,the performance is the most prominent women and put all the Jews expelled from the legal profession on this point.PartⅣ,the main introduction in 1959,"federal lawyer Bill" after the promulgation of the contemporary legal system of Germany.1959,"federal lawyer Ordinance" promulgated by the German lawyer to establish the freedom of occupational status.Since then,Germany has issued a series of one after another lawyer about the legal industry,Germany set up a modern legal system and improve gradually.East and West in 1990 to promote unification of the two Germanys and the German lawyer into the flow and the increase in the number of lawyers,to further promote the improvement of the German legal system.And in the current Germany,in order to become a lawyer must go through three stages:1.University of basic education;2.Probationary period;3.To apply for the Bar.In short,this paper generally introduces the profile and development of the German legal profession by using historical research,comparative studies,data analysis methods.After completing the paper,I have two main thoughts:1.A country's courts and litigation in the organizational structure of agent,the debate on how many components will directly decide the country's rise and fall of career lawyer.2.The relationship among nation,society and culture decide the way of a country lawyer career.I think the value of subjects of this paper,hoping to pass through a German lawyer described the difficult road of development,the lawyer for my future career development experience to provide some direction.