Nanjing National Government Lawyer System During The Study

The lawyer's system of Nanking period citizen's government within the process of the legal system transformation in mordern chinese came into being and developed gradually on the foundation of the lawyer system of late Ching dynasty and North ocean government, the reform of lawyer system is one of the important contents of the judicial reform of Nanking period citizen's government. During the period of the Nanking citizen's government, the lawyer system was formally established by law form and symbolized the lawyer system of Chinese modern age come to alignment mature.The Nanking citizen government has drafted new lawyer's rule in 1935 on the the foundation of social demand after carring on lawyer's method, sent to a lawmaking institue to deliberate in 1940 through several modifications. December 24 in 1940, review in the lawmaking hospital passes that drafted plan. January 11 in 1941, citizen's government announces an implement lawyer's method.For the match lawyer's method of implement, draw up, promulgate one after another with the related series of laws of lawyer's system.Republic lawyer the system builds up from early year of republic, through the development for 30 years turn into and get into mature, already set stage.For the Nanking citizen's government period lawyer the research of the system, can not only fill up a Chinese legal system history some blanks within realms, but also can also include modern judiciary to provide history to draw lessons from for the sound and modern law system.This text mainly has greatly part of several the following:The first part is mainly the legal system background that the Nanking period lawyer system of citizen's government become, thought from the Chinese traditional law, the western law thought of importation and north ocean government period lawyer system of initial establishment period to the Nanking citizen's government lawyer the influence that system produce when build up these 3 carry on treatise.The second part is the Nanking citizen's government period lawyer the main contents of the system, mainly studied this to at that time expect obtain of lawyer's qualifications and lose, the lawyer keep industry rule, law society, foreigner the lawyer's provision and lawyer to reprimand rule at the Chinese Chong ferm.The third part is the Nanking citizen's government period lawyer the system is in the gain and loss in the judicatory, on the other hand, it promoted the development of the judiciary with perfect, supported judicatory fair, check and supervision judicial organ;On the other hand, it has much shortage again, for example the law ruled the lawyer's negative litigation obligation, lawyer's profession can't the obtain of autonomy and lawyer's qualifications exist blemish etc..The four-part cent compares the Nanking period lawyer's system of citizen's government and present Chinese lawyer system of a little bit same and differentia, mainly keep an industry condition two to carry on a comparison from obtain of lawyer's qualifications and the lawyer.