Lawyer In The Civil Status And Role

During the present reforms of civil trials, the adversary proceeding mode become more and more popular, people discuss more frequently the translation of the judgers' role and inlet and people have agreed on the organizing of judges' authorities. However, it's all known that the avian zing of judges' authorities must opera parties' rule and general parties will accomplish the complicated Lansing mission because of the lack of law knowledge (In our country, the problem which general people's law performance is low). Then the lawyers' participating becomes more important. Hoverer, theoretical field comely practical field pay piffle attention to it. So, the author mote this articles in order to cast a brick to attract jade and attract scholars to do more studies on this subject.There are three parts in this article except for forward and ending, and about 3, 5000 words in the aggregate.Part one: Lawyers' participating in civil lawsuit means that lawyers participate in the civil proceeding with a certain name and status and realize the purpose of civil lawsuit with judges and other litigant participants. The anther drew some conch's ions by analyzing the statistics in yearbook of law and angering on the spot: Although the number of no contentions case is increasing darnel, legal representation in civil action in our country still one of lagers' business which is meanest and pained most attention to Lawyers participate in all the civil lawsuit proceeding moldy and deeply. The med in whole sonnet to lawyers' participating in civil lawsuit in our country is emergency, but the translation from the "potential need" to "the effective need" is still lined by some subjective and objective of lawyers' participating in lawsuit, which can be summarized three followers: Attorney agent have the orisons disadvantage in the connecting with the judicial organization, forexample, lawyers' behavior which is made awarding to the law often can't get the due respective of judicial functionaries, lawmen often limit illegally the lawyers' rights and treat cruelly the lawyers' proper performance and so on. The lawyers' role in civil lawyers performance has become a commerce as a result, lawyers begin to lose their character as a guard of the value of law and social righteous and they are lolled as pure "employee" by parties judge even ordinary people, their function is to help party to win the case by using all kinds of ways including law skills and they have no independent standard. Then the author analyze the reason from the angle of history and the real mode system of our country.Part two: Before trying to solve these problems, we should inject the related cultural background and the lawyers' role in lawsuit that are in the western country going ahead. The modern lawyers' system was transplanted from the west to china as a common practice in human society and a ripe expediency or skill, which was used to wile the satiety. The lawyers' system of America and which are thaw typical countries belong to Anglo-American law system and that of German and France which are the typical countries be lerp to Romano-Germanic family are both developed, but the role and rule of the lawyers in the both lawsuit are different. This is connected with the different development of the proceedings in every country. This analyse give a good foundation to find an answer to the role of lawyer in litigation in our country.Part three: This part is the core of this article. Another more important prerequisite to settle the above problems in lawsuit practice is we must acknowledge fully the value of lawyers' participating in lawsuit and we nuts orient properly the lawyers' role and in lawsuit. In a certain meaning, lawyers'intervening civil action is one of the most fundamental and most important tabors that guarantee the trial ninth the proceeding. In the eye of jurisprudence, we can look the solution to each detailed care asthe forming course of "law room". This forming course of "micro, room", meaning it consorts of norms of law, is another extensive "law room" connecting. Country and society . In the special room the subjects who produce law logically are mainly lawyers as well adjudges. According to the two kinds of the said theory, the writer thinks lawyers should have several different identities, and play several different roles in civil action in our country. After this the author make a conclusion of the role of the lawyer in civil action.