The Crisis Of The Professionalization Process Of Chinese Lawyers

The system of lawyer is a vital aspect in judicial practice,in the process of development of lawyering arises numerous realistic problems,which derive from the shackles of traditional legal culture,and the indifference of political system,and the absence of deserving rights as well as the infection of money worship and so on.As we can say,the professional ethics and the industry standard of lawyers in our country is still in the tough construction,the management system of lawyering is still in the exploratory stage,so the native lawyering does not have the socail resources,political environment,market mechanism and legal system which can make itself development,the social situation of lawyers is extremely embarrassing.The fourth plenary session of the 18th Communist Party of China Central Committee comes up with the general target and the major tasks that is comprehensively advancing the rule of law,the legal profession is a indispensable human factor under the operation of the rule of law.Under the background of the national governance idea upgrading and the developmental transfomation,the lawyering can not be shortcomings of the rule of law,the domestic lawyering should be reunderstanding and re-kowning in the system of the rule of law.From the point of view of development stage,our lawyering is in a professionalized growth phase that is from industry to profess ion,the aim of it is to achieve the lawyer group’s professional autonomy,social honor and social status,and the approaches of achievement are endowed with the professional capacity which is matched with the lawyer’s value,function and responsibility.But in this phase,the constant emerging of lawyering’s problems cause the dilemmas which stifle the develompment of lawyers’ professionalization.According to Marxism Materialist Dialectics Theory,everyhing is unity of opposites between essence and phenomenon,discovering the essence through the phenomenon is one of the basic tasks of scientific researck.In the process of lawyers’professionalization,there are also unity of opposites between essence and phenomenon,the phenomenon which is can be direct recognization and empirical observation refers to those various problems and dilemmas,and the essence which is just can be indirect recognization refers to the crisis which is hidden in the dilemmas and hindered the achievement of the professionalized goal. Just the crisis causes and determines the external appearance of dilemmas,and dilemmas always embody the deep crisis by the different aspects,therefore the existence and changes of dilemmas are ultimately subordinated to the crisis.So only after the crisis,the dilemmas can be settled in the endeavor of release the crisis.The purpose of this paper is to find and know the crisis by observation and analysis the phenomenon,then take the appropriate means to resolve the crisis and reshaping the developmental impetus of lawyering’s profess ionalization.In this paper,the research of lawyering’s professionalized crisis is empirically oriented,by use of the "People Model" to decompose the different sides of layers’ image,and it is reduced to a whole professional image on the basis of the role of deconstruction.Through this analytical path, we can presuppose the interpretation of behavior from the elements of human nature,objective elements or social elements,it can make the description and interpretation of the people’s behavior in a field easily,and the more the description is closely the social reality,the more likely contain the relationship of quasi cause and effect.This thesis decomposes the lawyers’professional image into "Law Man、 Economic Man、 Political Man and Social Man", which is based on deconstructed the character of "People Model",they show the fundamental situation and main features of the domestic lawyering,then the writer severally constructs the theory of each people model,and veil the realistic prospect of each people model by questionnaire survey and other empirical datas for empirical research,and carefully observe the coflict between role theory and reality one by one,then elaborates the practice dilemma,commercial dilemma,political dilemma and social dilemma which form in the process of lawyering’s professionalization. Specific ally,the practice dilemma which is embodied as there is a huge different understanding in the professional nature of lawyers that are social character,commercial character and national character,and also has a certain degree of tension between the lawyers" professional ethics and public morality.Commercial dilemma is reflected in the disorder competitions of legal services market and the commercial interests reduced the lawyers’public service idea,and they lead to the lawyers are regarded as a mere profit-making image.Political dilemma is reflected in lawyers and common people have a higher expectation of lawyers’political participation,but lawyers’political participation is congenitally deficient in a political culture of supreme power,and the current political system is not regarded the lawyers as a hard core of nomocracy,so the political openness to lawyers is limited,and someone who is in the system has common doubt about the lawyers’ political participation,and the lawyers’radical political attitude is not suitable for the domestic conservative political environment. Social dilemma is generally disgusted to litigation of traditional culture caused the society’s understanding on the lawyers are not mordern,and lawyers do not obtain a high social status,and people full with conflicting and complex feeling on lawyers’social image. The four group dilemmas perform the appearance of phenomena in the dialectical relationship of philosophy.Because of our modernization is sudden start,and the process encounters the post-morden premature intervention,it makes the conflict of lawyers’ professionalization covered with the commercialism shell, but from the expressions of dilemmas,we can see that although the society has expectations for lawyers,the understanding of lawyers’professional ethics and the system’s value is not downright,and the barrier of system has not been throughly eliminated,it also comes from the cognitive deviation of the system and its subject.When these incomprehension and disidentification encounter the lawyers’ business consciousness,it may produce many negative evaluations to lawyers.added to some lawyers’ indecent behavior and exacerbated these negative factors.Therefore,the crisis of lawyers’ professionalization comes from the identity crises of life logic and system scene.On this basis, the paper suggests to take two measures to resolve the crisis.First of all, enlighten the life logic and creat a life consensus of lawyers’ modernity.Secondly,control the produce quality of lawyers’ services from the system,then correct the lawyers’unfair business behavior and to constrct the balance model of judicial litigation,in order from the above two aspects to reduce the disidentification of the lawyer profession.