The Legal Profession Management Of The Study

Modern society is composed of political area, economic area and social area and political power, economic power and social power have promoted social progress and prosperity by running independently and inter-acting harmoniously. The trade management power of lawyers, which is classified as a kind of social power, plays its unique role in a variety of aspects such as trade governance and trade development of lawyers, progress in social democracy and the rule of law .But in traditional management frame in China ,the trade management power of lawyers association has never been identified with what it should have been ,and the rational space for it to run has been in sufficient, so it is hard for its value to appear fully .It is of great importance in actualizing good governance and continuous ,healthy development in trade of lawyers to research and examine the power If trade management of lawyers in both theoretical and practical levels ,rationally orientate it, reshape the management system on this basis.The trade management power of lawyers is a power for trade organization of lawyers to manage its own affairs by itself mainly in a self-responsible manner according to its article and other trade rules. By examining the history of how lawyers association has established and developed, we can see clearly the source of the trade management power of lawyers: formed by internal agreement, authorized or confirmed by law, entrusted by administration. Although there are multiple paths in its source, this power aims at public affairs of trade of lawyers and its objective bears the nature of public entity. so, it is obvious that this power bears the nature of public right. It has ties with both public right and private right while distinguishing from them. So we should theoretically orientate it in a new angel and determine its corresponding place in overall frame of state power.As the social power to manage public affairs in the trade of lawyers, self-governing is not only its innate characteristics but also its fundamental value.self-government of lawyers association is the inevitable requirement of the characters of the trade of lawyers ,the premise and condition to actualize the aims of organization, and historical extension of the trade tradition .self-government distinguishes fundamentally from self-discipline stipulated in current system .The latter is a kind of systematic arrangement under traditional power pattern ,which reflects the relation that the trade is attached to government ;while the former is the result of natural selection, which embodies a kind of independent character, If we rearrange the contents of the trade management power of lawyers according to the theoretic of self-government ,values of this power in self-governing of the trade of lawyers, promoting government to transform its function and establishing modern democratic country may be embodied as it should be.In practical level, the fully embodiment of values of the trade management power of lawyers relies on the effective exertion of the power. Such elements as the completeness of trade organization, authoritativeness of trade rules, unification of consciousness, legal status of lawyers association, support from adminis-trative organs and reorganization of legal community consist of internal and external conditions to exert powers and determine the progress of self-government of the trade of lawyers .In this process, the principle of democracy and the principle of efficiency are directly related to the character and quality of self-government .while emphasizing effective im-plement of the power of self-government, we should necessarily regulate and confine the power of self-governing in legislative administrative and judicial level in consideration of safeguarding rights of members of lawyers association and protect the social public interests from being damaged by trade interests.The trade management power of lawyers is in a unique and important status in modern trade governance of lawyers, and its role and value will become more and more evident. Of course, emphasizing and stressing the trade management power of lawyers does not mean ignore and repel administrative power .on the contrary ,under current conditions ,the governance of lawyers should still be governance under theguidance of the judicial administration organ in a period of near future .The modern administrative organ ,which has experienced reformation process of itself , should govern the trade of lawyers with equal status ,self-disciplinary spirit and in a coordinating manner, and bear the responsibility to cultivate ,support the development of lawyers association and other co-operating fellows .what the trade of lawyers expects is that the two management department ,both administrative authority and trade authority promote mutually, rely on each other ,support mutually and govern in common by coordinating and co-operating...