On The Nature Of The Positioning Of Our Lawyers

In the contemporary society of China, lawyers and the social life are close day by day, lawyer's function reveals increasingly and comes under people's recognition. Lawyers are playing vital role on driving political democracy, law system of construction, economic construction, safeguarding human rights and so on. But in real life people have different understanding to lawyer's nature, the country lags to lawyer's nature of legal rules and regulations diversely. Our country is being in the social reforming time, along with recent development on the politics, the economy, the culture, lawyer's industry is also facing reforming in China, lawyer's nature should have new fixing position, in China, which can meet needs to the times. At the same time, none but lawyer's localization newly, it can play the inward role well.On the basis of macroscopic inspection and comparative analysis, circumfusing the correlative questions about lawyer's nature fixing position, the article will be divided into five parts to research: The first part, lawyer's nature and lawyer's function: by revolving on the lawyer's function in the social reforming time, it will discuss on the dialectical relations between lawyer's nature and lawyer's function; The second part, the legislative inspection concerned on lawyer's nature of foreign countries: by summarizing the legislative regulation on lawyer's nature of western main countries, it will discover and discuss the lawyer's nature fixing position in western country and have apocalypse to our country; The third part, the main legislative vicissitude of lawyer's nature in China: by seeing about legislative fixing position in different historical period of our country, it will summarize the localization deficiency of lawyer's nature in China; The fourth part, the puzzled reality of lawyer's nature in China: by describing and analyzing lawyer's nature on the present time in China, it will discuss on the puzzled reality which brought from the improper fixing position of lawyer's nature. The fifth part, legislative restructuring on lawyer's nature in China: by discussing standards of lawyer's nature fixing position and unifying lawyer's practice in China, it will propose the preliminary legislative idea about legislative restructuring on lawyer's nature in China, thus finally it will complete the road of legal system on lawyer's nature fixing position newly in China. Lawyer's nature should manifest four kind of basic attributes namely the political attribute, the professional attribute, the commercial attribute, the social attribute, lawyer law is suggested that lawyer's nature revision will be: "Lawyer is the professional person who acquires the disciple of a master card legally, promotes politics democracy and the government by law construction, provides the legal service for the trustee." "Lawyer must comply with constitution and law when he works, hold to lawyer's occupational ethics and discipline, lawyer cannot seek to gain unilateral economic interest."...