| The system of lawyers is an important subject in modern legal research. It's supposed that mankind must discover fire before they got to civilization, mankind must establish a perfect system of lawyers before they get to the modern society ruling by law. It's just like fire to help mankind out of the invasion of the beast, and improving from a primitive stage of human society, the system of lawyers can help mankind out of the invasion of the state as the Leviathan, and improving from a primitive situation where the right of mankind and justice were hard to be maintained and need the self-recovery. Looking around the world, the human race which desired to establish or was establishing the state ruling by law have been taken the system of lawyers as an important part of the legal system to consider and set up. But there are several questions. Whether do we learn the experience and transplant even the existent system of the country, which established the system of lawyers beforehand, or to establish a new kind of this system through new ways? Whether we have possessed the internal and the external conditions which were used by the countries especially the West to establish the system of lawyers or not? These questions can't be missed and must be treated seriously. Through discussing the transformation of the system of lawyers during the generation and development of it, and analyzing the phenomena of practicing alienation which have emerged from the Chinese lawyering under Chinese system of lawyers in force, and combining the relevant internal and external theories, we hope to demonstrate some opinions.The first, the external conditions which included the considerable authoritative position of the law and the widespread acceptance by civilian under the rule-by-law situation of the west as England, U-S-A, France and Germany, and the internal conditions which included the great professional practical skills and the improvement of the autonomous and self-governing systems, had formed a great solid base for the establishment and development of the system of lawyers of the West. But the foundation processes of Chinese system of lawyers show a fact to us continuously. Without the continuous formation and transition of the relation between state and society under the rule-by-law construction, Chinesesystem of lawyers can't release itself from the destiny as a modern symbol only, and can't get the internal and the external conditions as the West to become a modem system of lawyers which take the protection effectively of the human right and justice as its own responsibility.The Second, we also learn that lawyer can execute the law concretely and act as an important activist who become a joint between the Civil Society and Political State. On the contrary, the realities of the situation of the lawyering of the contemporary China cannot be in accord with the desire when the system of lawyers has just been constructed, and it is a worrying problem. In fact, the judicial administration office has played a significant part in the lawyer's management system under the contemporary China. However, comparing to the developed professional self-government of lawyering of the developed country, the Chinese administration ways to the lawyering didn't run more efficiently. Meanwhile, a series of phenomena of practicing alienation which break the professional duty has arisen. Confronting these phenomena, along the formation of the well-co-action between Civil Society and Political State and the construction of rule-by-law, we must prompt the exchange and media action of Chinese lawyer in the contemporary china discussing area as the action of the western lawyer in the public sphere, and make the argument and criticism toward the politics and public power to good effect. But at first we must consider further about the location of the system of lawyers of the contemporary China. Through improving the component of professional self-government of the system of lawyers, the Chinese lawyers can fulfill their professional duty better than... |
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