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Justice Without License

Posted on:2010-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y MengFull Text:PDF
GTID:2166360275960383Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
There is a qualification system in Chinese legal service market, people who want to practice legal service affairs must carry on their license. The so-called "fake lawyer" activates in the Yangtze River delta and the Pearl River Delta, where assembled hundred and thousands farm labor. Generally speaking, they are neither real certificated lawyers , nor friends , workmates, fellow of the case party. We can find their tracks outside the factory , the labor and social security administration departments and the court. After case ending, the client always give some agent fees passively or on one's own initiative .The fake lawyer is somewhat alike with the floating pedlar and the unlicensed taxi driver, all of them play hide-and-seek with the government. The department of justice considered the fake lawyers disturb public order and make against the social harmoniousness, so they have taken several measures to clamp down on fake lawyer activity. The fake lawyers have thought of many Countermeasures to cope with the government. Is the group unspeakable as the government declared or glorious as themselves-considered? On all accounts, this thesis aimed at describe, discuss, analyze the so-called "fake lawyer".In today's world, scholars have paid attention to research legal professional, which including the judge, the public procurator and the lawyer. However, they still somewhat ignore the Chinese Issue, such as the fake lawyer. We can find some news about the fake lawyer on newspaper or magazine which lake of very well researched details.There are five parts in whole thesis. It begins form a story about fake lawyer named Gao Weiguo, which records five features of the person and how he became a fake lawyer. In recent years, some jurist learn form sociological or anthropological methods and use research case in science of law. The author try to use case to analyse the fake lawyer. The second part discusses some typical concepts of the fake lawyer group. The fake lawyers have been in the legal service market for a long time, for is full of Chinese characteristics.And then, the third parts analyzes the value of fake lawyers and why they are popular in China. The author pointed out social stratification cause different needs of legal service and the fake lawyers can satisfy the bottom need of legal service market. But the society still suffered some adverse impact with the fake lawyer, we need re-orient the legal profession.There are three pattern of legal profession, including nationalism, commercialism and professionalism. The opinion in this paper is we should convert legal nationalism and legal commercialism into legal professionalism. Only in this way, we can find appropriate arrangement methods in legal service.
Keywords/Search Tags:fake lawyer, legal service, legal professionalism, legal service market
PDF Full Text Request
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