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The Plight And Way Of The Lawyers Profession

Posted on:2011-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:X P LuFull Text:PDF
GTID:2166360305981661Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since China's reform and opening up to outside world,as the basic principle of "running the country according to law" is proposed and implemented, Legal System is completed, China's lawyer system has also received recovery and development,the number of lawyer is gradually growing bigger. Lawyers have become an important class of social groups who have played an important role on the strengthening of social democracy, improving the socialist rule of law, achieving social fairness and justice, promoting social harmony.Although China's rule of law has obtained brilliant achievements in three decades, the environment in which lawyers have not been much improvement and the image of lawyers has not become more noble, At present there are diverse evaluations for the legal profession, However, most of people do not understand the defense behavior of the lawyers. Lawyers has always been resisted and criticized during the Procedure of meeting the parties and investigation in their agent of cases. When the lawyers defend for the criminal suspects, one would think that they are speak for bad guy. When lawyers charge exorbitant agency fees, people also think that lawyers are Helenians money, somebody's misfortunes and profit-oriented.The evil -fighting Struggle is the background of this paper,made the social media of the triad-related suspects, defense counsel's view, views, evaluation and anti-activities of the problems encountered by lawyers practice as an entry point to start. The article makes a position to the legal profession to a position firstly, through the positioning and understanding to the legal profession to distinguish the public's understanding of the legal profession which produces the error, then analyzes all aspects of reasons for the poor image and plight of lawyers. Chinese under the influence of the ideology of Traditional moral first, punishment second moral things have become an evaluation criteria, which is conflict to the concept to the law–first in the society, This is historical and cultural reasons that people think that lawyers are lack of Ethics , The social gap between the rich and the poor growing bigger, corruption increased, people's right can't be maintained, justice can't be done, all these result in social conflicts prominented. Therefore, the judiciary, government, sensitive to wealthy become the social reasons to the suspective psychology that lawyers received form people, the design of legal system lack of protection for the rights of lawyers in practice which resulted in deterioration of lawyers practical environment, rights of counsel can not be guaranteed, so they had to do other means like host a party gifts to draw in judges, these results in people's resentment of lawyers. Some lawyers violated professional ethics requirements, damaged the overall image of the legal profession which led to judicial corruption and resulted in the lossing of public confidence to lawyers, the freelance nature of the legal profession make they rarely claim for weakness and lack of social responsibility, it is the lawyer's own reason .I believe that if the lawyers want to change their image, go out of the practice difficult, they must get progresses in the following aspects.. the first, they must think of the disadvantages to the development of legal profession ,so we must increase the legal advocacy, stressed the important role of lawyer played for the protection of human rights ,to dispel people's misunderstanding to the legal profession ,Second, it should set aside the terms in law which limited the rights to lawyers, abolition the criminal code which seriously hazarded the rights of lawyers. Third, to strengthen the lawyer's community involvement, agent more legal-aid cases to enhance its own image. Fourth, to strengthen self-regulation starting from their own, strengthen their own moral self-cultivation, with the law's eyes look at themselves, demands on themselves.
Keywords/Search Tags:lawyers profession, right of practice, he image of lawyers, Justice, professional ethics
PDF Full Text Request
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