Study On The Public Interest Lawyers

Looking back on the practices of lawyers in the past few years,we could easily find that the most striking phenomenon is the increasing number of lawyers work for public interest . These legal practices were always closely related to the public interest. Besides, these lawyers also have found a new way which is more meaningful and challenging. Although the number of the public interest lawyers takes a small part in the entire lawyers, actually they have already contributed a lot to promote the rule of law. In people's general impression, lawyers are legal professionals that designed to help people engaging in lawsuits. They use their professional legal knowledge in exchange for high paid, and as a high-income class, they are widely admired by people. However, the people's traditional impressions about lawyers have been changed by a large number of legal practices in a few years. The two articles, Changing direction of lawyers in mainland and New community of lawyers on acting for public interest litigation in mainland ,was reported in the Cover Story column of the Phoenix Weekly No. 13 2005 ,Which can be said a summary of lawyer's practices new trend in recent years . In their articles, the authors described representative legal practices of lawyer group in this change.QIN Bing, who compiled the sales and purchase contract of commodity houses that including 204 articles, help consumers calmly avoid the trap. He fight property developers and as agent of many cases of house demolition , at the same time, also participated in the election of deputies to the NPC, and hope to contribute to China rule of law by this way more directly ; Tong Lihua, a lawyer, gives persevering concern about rights protection of the disadvantaged group, such as Juveniles and migrant workers ; Kang Jian, a lawyer,was busy with the Chinese workers on Japanese claims all the year round; Su XiangXiang , a lawyer, pursued justice for the abandoned chemical weapons case of aggression against China by the Japanese army ; Qiao Zhanxiang, a lawyer in Hebei province, sued the Ministry of Railways because of the spring fares float upward .Although the proportion of this kind of lawyers in the entire legal field is very small, their influence to other lawyers and the driving force of the rule of law can not be overlooked .In practical practices , they considered public interest and solve the problems that have arisen in society today. and become the most dazzling stars in the legal field. Although they come from different parts of the country as well as they have different experiences in practices, they are all committed to public interest undertakings as public interest lawyers. These new lawyers attempt to redefine the role of lawyers on their own .It was an interesting experiment have done abroad . Firstly choose a grassland and then divide it into a few parts. Leave a part for public in the middle of the grassland . Every shepherd can use this piece of public grassland for free. Finally, sociologists have found that the land that every shepherd make planned and controlled use of private lawn in the past year, but the public own part has gone to rack and ruin. It is concluded that since everyone has an expanded outwards nature of owning live space and resources, So everyone will consciously or unconsciously exhaust public resources on condition that nobody responsible for the management interest. Thus, the public interest are most likely to be abused in the unprotected state. Civil justice act is always based on a social problems. when loopholes of protecting the public interest happens ,Naturally there will be public interest lawyers who raised the rights given by law .In view of analyzing comparision on public interest litigation system among nations, Obviously, if we really want the public interest litigation system playing an important role, the most effective way is to have the public interest lawyers who can make a variety of infringed interests cases access to the judicial process. In protecting of the legitimate rights of disadvantaged groups in our society, the public interest lawyers have shown prominent advantages. Establish a sound system of laws and regulations is the most important measure which can make public interest lawyers participate in proceedings. It gradually become the academic consensus that public interest litigation system as a part of the whole legal system, so it can be expected that public interest system will flourishing develop as it established in China. It is clearly defined that who bearing the burden of proof. The public interest litigation as a kind of lawsuits governed by general litigant rules, is designed to better safeguard interests of the plaintiff and the public ,and accused by the agency or unit. The facts of procedures or related to civil substantive law should follow the proof principle which is the duty of a party to an action to provide evidence in support of his allegations .Establish the public interest litigation protection system. Chinese awarding regulations of units and individuals who reporting unlawful activities, are frequently prescribed in all kinds of laws and rules as reference. Given moderate awards to the public interest lawyers devoting themselves to public welfare. To strengthen all citizens awareness of rights and supervision. Lawyers as professionals provide legal services, and have palying an indispensable and irrapalceable role in our society. Sometimes they will be parties, and safeguard the interest of themselves and the public after being one party of public interest litigation .Therefore, lawyers must have a calmly understanding about legal profession character. Do not only for the purpose of litigation proceedings, but also pay more attention to promote social change by the way of litigation, and promote socialist systems of democracy and rule of law. Taking compassion on the public interest that makes the public interest lawyers come to the fore in the entire legal field and to obtains independent abilities of participate in the administration and discussion of state affairs. The feature of Judicatory Occupation is a keen ability to judge which requires lawyers as a keen-sighted observer, distinct from pure technical skills. An excellent lawyer or a motivated and ambitious lawyer should take the advantage to find social problems, just like what public interest lawyers concern . Lawyers should aware that he is the servant of justice system, recognized and accepted that there is loopholes in the justice system. however they take responsibility of the architect of reform and innovation on the contrary of cynicism. The door of the law only open to the lawyers who as the servant of justice system. he should be a great person with sympathy when entered the door of being a great lawyer. If we can say that the lawyers only consider their own client interests the past, Then as the public interest lawyers will be careful in interests of the public.