The End Of The Qing Law System

The lawyer system is a very important part in a democratic and legal country, which involves the nature, qualifications and licensing regarding lawyers. It's a judicial system about lawyers' right, obligation, the range of business, their legal responsibility and management. Chinese lawyer system is relatively short and its process of development has been hindered out of various of factors. This thesis first explores the inevitable emergence of the lawyer system from the development of productive force and the inner factors of the reform of sociopolitical law. The thesis further probes into the establishment of the lawyer system in late Qing Dynasty under the pressure of consular jurisdiction at a specific historic period from late Qing Dynasty to early Republic of China. The "official Paper" in late Qing Dynasty ever spurred the institution of lawyer system and the reform of the jurisdiction symbolized the beginning of the system in modern Chinese history.The chief traits of lawyer system in early Republic of China are further illustrated. The Provisional Constitution of Lawyers at that time symbolizes the initial establishment of lawyer system in Chinese history. Based on the specific historic background, it bears distinct features: the initial identification of lawyers' freelancer ship; The admission of the practice according to the record of formal schooling; the restriction of licensing qualifications; the establishment of double supervision from jurisdiction and practice of law. Pioneer as it is, it still bears the traditional cultural mark of inequality between men and women, thus it is fundamentally characterized by Continental law system due to the limitation of specific historic period.The thesis selectively introduced some positive lawyers such as Wu Tingfang and negative ones such as a talented but immoral traitor named Cao Rulin and the agent for the first property right case named Yu Chenglie and some foreign lawyers practicing in China from the angle of judicial practice with the combination of corresponding cases from late Qing Dynasty to Early Min Republic of China. It also...