| To Chinese traditional law system which has a long history, Chinese Lawyers' System is something borrowed, with a history of no more than one century. This article, made from historical facts and in a comparing -analytic method, is mainly to probe the source and development rules of Chinese Lawyers' System, and in some way will be beneficial to the reform and improvement of Chinese Lawyers' system in Socialistic Market Economy.1. Research on the source of CLS (Chinese Lawyers' System).It still remains an argument when CLS came into being. But to talk about its source, the basic point is to treat history as it was. It is undeniable that there was such a career named "Song Shi" as a lawyer, and some system as law agent and defence system, but these differ evidently from the career and system of lawyers in nature. "Song Shi" has never performed as a defender and agent in court, and never respected as a legal thing by rulers, so those ancient Chinese agents with related systems are just something like present lawyers' career and its system. In fact, "Song Shi "is not " Lv Shi " (lawyer), the lawyers' system has not appeared in ancient China.The career of Chinese lawyers was born at the end of Qing Dynasty, while the lawyers then were not Chinese, but foreigners serving for those overseas in china, according to consular jurisdiction .CLS appeared at the end of Qing Dynasty and the beginning of Min Guo, lasting for about 6 years. LS (Lawyers' System) was firstly talked about in the draft of Civil and Criminal Lawsuits in Qing Dynasty, which was completed in the March of 1906. Later, in Trial Regulations of Courts at Different levels, 1909, the Law of Court Staff Establishment, 1910, Draft of Criminal Lawsuits and Draft of Civil Lawsuits, 1911, Lawyer agent and defence were all defined specifically, but they're not performed, for the Qing Government was coming to an end, so these activities were just a prelude to the birth of CLS. Xin Hai Revolution, which broke out in 1911, turned over the feudalistic reigning of Qing Government. Those bourgeois revolutionists represented by Sun Zhongshan (the leader of Xin Hai Revolution), established the Democratic State System and new attorney's law imitating western capitalistic countries and their law principles. But they 're not put into force due to the short lived Qing Government. The Lawyers' Trial Regulations, published by Bei Yang Government on April, 16th, 1912, was considered as the first book of lawyers' specific regulations in Chinese history and the symbol of the establishment of Chinese Lawyers' System.2. The analysis of the tortuous development and the common factors of CLS.The history of CLS was full of ups and downs. In no more than 100 years since 1912, China was in war and chaos condition for several decades. The real developing period of CLS was in the two decades above since the Third Session of the 11th Congress. The Temporary Trial Regulations of Chinese Lawyers, published in 1980, has set a good foundation to the normalization of CLS. Meanwhile, the Chinese Attorney's Law, issued in 1996, was a great milestone in the history of CLS.There're various factors in the development of CLS. Those factors such as Commodity Economy, Democratic Policy and Law Environment, the Concept of law, etc. bear some regularity and common features. Commodity Economy is the base. Democratic Policy and Law Environment are the direct cause, while the Concept of law influences it potentially and deeply. The above three factors are interlinked instead of being separate. Only in Commodity Economy, could the Democratic State System and Law Environment be formed, but not in Self-contained Economy. As a potential factor, the Concept of Law would have a long-lasted influence on Lawyers' System. Although the influence LS by Chinese traditional concept could not be denied, the development and completion of LS would prompt up some new ideas of law, which should be learnt completely.3. The present condition and future of CLS.At the present stage, there're many problems with CLS. |
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