| The profession of lawyer can be traced back to ancient Greek apologist or mandatory.The so called lawyers do not exist in ancient Chinese society. The people can onlyturn to"song shi"once they are involved in criminal or trials. Though the activities of"song shi"carried out widely then, still did not earn a legal status because ofrepression of government and forbidden of law. The traditional ancient Chinesesociety can not provide a sound platform for lawyers. The emergence of lawyer wasin the late Qing Dynasty. With the emergence of leased territories in Shanghai, theforeign lawyers from western capitalism countries began to make inroads to Chinesejudicial territory and people's daily life. During the late Qing Dynasty, Shen Jiaben andthe others tried to introduce western lawyer's system into our country but failedbecause of the failure of the reform movement. After Xinhai revolution, Beiyanggovernment and Nanjing Government followed the example of western capitalismcountries to introduce and establish lawyer's system which once rose up prosperousin this industry and brought a group of patriotic pioneer of lawyers. But this situationwas just a flash in the pan and didn't get inherited.After the founding of new China, the lawyer's industry has gone through manydifficulties. The lawyer's system was recovered after The Third Plenary Session of the11th Central Committee, which put the industry back into track. During the recent 30years, the industry has developed really fast in our country; though there are still alot of issues remain such as conflict of concepts and flaws in system, which bringsome impediments.Whereas, this article aims to explore the history of the development of Chineselawyer's profession, and try to observe on the status quo of the recent lawyers'practices roundly and objectively from a historical perspective. Additionally, thisarticle is going to analyze how to improve the status quo by three chapters:Chapter one: an introduction of the profession of lawyer, the special intention,distinctive features, the important functions to promote social development. Thedefinition of the profession is in favor of the depiction of this article.Chapter tow: the emergence of Chinese Lawyer. The profession of Chineselawyer has a special history. These are no lawyer in Chinese traditional society. The"song shi"did not inform a legal profession, which has essential differences withlawyer. The first emergence of lawyer is the foreign lawyer in the mixed court ofinternational settlement during the late Qing Dynasty. The movements in the lateQing Dynasty brought in the lawyer's system, after which, the Beiyang governmentlaunched a series of laws to establish this system, thus informed the Chinese localprofession of lawyer.Chapter Three: the development of the lawyers of the time. The developmentof the Chinese lawyers has been through three stages: the mode went imitatingSoviet Union; overall suspend during Cultural Revolution; recover from The ThirdPlenary Session of the 11th Central Committee.Chapter Four: the issues and solutions to current lawyers. With theestablishment of market economy system, socialism political civilization, the profession of lawyer has developed swiftly. Nevertheless, we should still realize thoseissues existed nowadays, which can only be solved with enhanced consciousness ofmonocracy of people and an improved legal system. |
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