Civil Enforcement Attorney System

During the present reforms of civil trials in the ascendant, strengthen litigant's lawsuit participation has become a mutual recognition, correspondingly the lawyer agent in the proceeding becomes more and more important. Mandatory Representation by the lawyer is a special form of procuration by the lawyer, German .etc prescribe it in the civil procedure law, thereby form out the system of Mandatory Representation by the lawyer. It refers that in the certain area of civil action, when the parties or their legal representatives on the lawsuit, they must entrust lawyer to complete the lawsuit behavior.The author analysis the system of Mandatory Representation by the lawyer from the legal philosophic perspective, that is, restriction of freedom for freedom, procedural justice, the promotion of law dialogue, the nature of civil procedure, then repeated its relations whit the lawsuit efficiency and the lawsuit cost from the economic perspective. We can found that "mandatory" is legitimate in Mandatory Representation by the lawyer, it can improve efficiency and reduce litigation costs.The author conduct the comparative research on the system of Mandatory Representation by the lawyer in different civil procedure model. We can found that in the Anglo-American model of the parties, the system of lawyer's agene service is fairly complete, a high degree of reliance on lawyers. In the German and France model, many countries have implemented the system of Mandatory Representation by the lawyer , We can obtain a conclusion that ensure lawyer's full agene service in civil action is common choice in the different civil procedure model.The introduction of Mandatory Representation by the lawyer is necessary, it meets the need of lawyer's career development and civil legislation, adapt the complex trend of procedures and the demand for judicial reform. At the same time, the development of China's rule of law, the legal profession increasingly mature and citizens awareness of law was strengthened, provide reference of feasibilities for the system. We should do our best to localize the mechanism of Mandatory Representation by the lawyer from the idea, the legislation, the system to safeguard, and play its unique value, make it become a promotive factor to harmonious society.