Research On The Independence Of Lawyers

Lawers, as the inportmant role of building a harmonious society ruled by law, whose main missiones is to safeguard the legitimate interests of the parties, to disseminate the ideology of the rule by law, to safeguard human rights and justice, and to promote the construction of democracy and law. In order to accomplish the above missiones, the Western countries give a certain degree of "independence" to lawyers through legislating.the lawers can practice activities which do not subordinate to any determination which is independent from the state, the parties, and social groups or the third party. Lawers rely solely on law and facts, and their own understanding to the law things to make reasonable judgements. Lawyers do not make their knees before state power because of its strict controlling, or they won't act as a tool seeking the interests for their parties when delegate for the parties. Full-text includes the Introduction, main body and conclusion,and main elements in the main body are as follows:The first part is to recognize the essene of lawyer's independence. This section is mainly to resolve the questions of what lawyer's independence is and how comes from. The author mainly discuss three aspects from the defination, connotation, and evolution and practical study of the law's independent. This paper argues that lawyers are independent, in order to achieve the functions of lawyers in the practice activities, it has a variety of legal affairs alone to make judgments based on facts and the law and take actions without any interference and influence of professional features. The lawer's independent epitaxial is manifested by independent of the state, the parties, and social groups and the third person. To reveal the character of the lawyer's independence , there should be inspected into legal developments, judicial evolution and historical evolution of the legal profession, as well as into the current international conventions and relevant provisions of the law of countries and regions.The second part is to deconstruct the value of lawyer's independence. This section is mainly resolve why the lawyer should to be independent, namely the legitimacy of the law's independent. The author mainly discuss about the interest value, the order value and the justice value of the lawer's independent. This paper argues that the independence of lawer will not only protect the substantive and procedural legitimate interests and reliance interest of the party's, but also be able to protect the lawyer's own political interests and economic interests. The independent lawer can maintain the market economic order, power-running order and pluralistic social order. In the realization of justice, , the meaning of lawyer's independence is that in the pursuit of social justice on the road, so that lawyers, as a relatively independent power exists, protect human rights, balances the state power, protect the legitimate rights and interests of citizens and ensure judicial fairness to promote the correct implementation of laws in order to achieve social equity and justice.The third part is the realization of lawer's independence. This section is mainly to resolve how to achieve lawer's independence. The anthor mainly analysises to the conditions and protection of realization of lawer's independence. This paper argues that the conditions of lawyers independent realization covered mainly the political conditions, socio-economic conditions and cultural conditions. Of which, the establishment of law-rule society is political conditions to achieve lawer's independence, the establishment of a market economy is the socio-economic conditions,and popular legal belief and independent professional culture are cultural conditions. The indemnities of lawer's independence are mainly embodied by professional privilege given by the country, industry self- regulation and recognition of the legal professional community.The fourth part is about lawer's independence in China. This section is mainly to solve the theory of Chinese lawyers who are independent. The anthor mainly studied the import and growth of theory of lawyer's independence in China, as well as how to achieve its independence. Of these, our lawyers as a solicitor in the performance of the independent status can not be independent of the state offices, the parties, as well as the lawyer bar association s as aautonomous organization.The main reasons that lawyers do not separate are due to the lack of conditions for its implementation and security of realization flaws. The lack of realization conditions lies in no really legal rule state exists, the negative impact of traditional legal culture, the lack of modern judicial philosophy as well as lawyer's shortcomings.The shortcomings about achieving security composite by the lack of institutional protection of lawyers, lawyers industry no-self-government, as well as the lack of provisions of law protecting the rights of the defective. Based on this, in order to achieve the lawyer's ndependence and their unique functions, the author put forward ideas as follows : building a legal rule state, improving the legal profession autonomy system, perfecting the system of practice rights and strengthen the construction of occupational culture.