Counsel Independent Legal Value To Explore

Our lawyers are playing an increasingly important role in building a socialist country ruled by law.However; there are also many problems in lawyer circle. one hand, the Government often give unreasonable interference; on the other hand ,counsels doesn't say no to the customers ,worse, some lawyers as the "middleman "directly to bribe judges . All these led to problems of the independence of lawyers, on the worldwide, lawyers system typically give lawyers "independence." on the academic perspective, Scholars in China generally concern about the rights of lawyers in practice, advocate an increasing rights in the course of practicing lawyers, but little pay attention to independence of counsels, but in the last researches there are more academic theories concern about lawyers' independence. Especially the Lawyer Law is involved in the process of an independent of counsels.Market economy, democracy, civil society has given birth to professional lawyers, and lawyers also promote social development, or promote the market economy, democratic politics. Counsel is as the main provision of legal services professionals to the community and safeguarding the legitimate rights and interests of the parties, maintaining the correct implementation of laws.Lawyer's legal services are to make it a national power for the balance of forces. Western modern system of lawyers has experienced several hundred years and become a professional career lawyers. Independent, self-discipline and a high degree of autonomy can be broadly representative of ease public sentiment, stabling social order. in all systems lawyers have the importance place of the rule of law.A lawyer is in the middle zone between the civil rights and state power, but also in the midst of the dispute, in course of handling disputes lawyers may have two tendencies: on the one hand, because of the country's strict control a lawyer maybe completed under knees facing the state power; On the other hand lawyers may have turned into the interests of the parties to obtain their own tools, regardless of whether it are the interest of legality and the interests of the community. These are serious impact on the realization of function of law for the Law Society, in order to guarantee the realization of functions of the Law, bar system should give lawyers "independence". the independent counsel contains two meanings, first, the Law Society as a whole is an independent professional lawyers, lawyers as A relatively independent social forces is to play a unique role in society; on the other hand a lawyer as a independent individual. In the legal affairs the individual lawyers are only subject to the judgment of the law without interference from non-legal factors.In this paper, for building the rule of law, resolving disputes, obtain their own characteristics of legal counsel and their own public and professional independence, I start analyzing. Protection of human rights is the core spirit of the rule of law, lawyers for the parties to the provision of legal services by restricting state power to protect human rights; lawyers must be independent from the state power. In the interests of all parties the rule of law will be translated into legal disputes to resolve disputes. In the process lawyers should translate the parties into legal advocates, lawyers are in an intermediate position to balance the interests of the parties to the dispute, so lawyers and the parties should be independent. Legal own independence, the law also requires the characteristics of its own lawyers remain independent. Finally, because of their own professionalism of the public, the lawyers must be independent of the state and government, because lawyers are using their own knowledge and wisdom to seek an independent remuneration for professionals. Although lawyers and their clients have a service contract, but lawyers carrying the legal sprits and the value of the community, they must be faithful service to the society.Giving lawyers "independence", the country can prevent unreasonable interference to lawyers activities, prevent lawyers become a vassal state power. Lawyers provide legal services to the parties, preventing arbitrary judicial judges, ensuring judicial fairness, so as to the function of the protection of human rights. On the other hand, lawyers parties participate in the proceedings through a proxy, on the one hand the party's reasonable propositions are met, the party's unreasonable demands filtering, can help to build a harmonious social orders. Finally, the independent counsel lawyers also help create a good professional judgment, and to maintaining the good image of lawyers.Independence of lawyers also depends on various aspects, protection system are given to lawyers for lawyers vocational trades autonomy to protect the rights of independent counsel, and lawyers in various countries have set a specific law to protect the independent counsel system, including the right to counsel of the Licensing protection, and also asked their lawyers must be maintained with the agent between the parties in the case to maintain the independence of interest. Finally, the independent counsel has also been considerable challenges, the legal profession excessive commercialization of the legal profession makes less concerned about the public interest, the large law firm of independent lawyers also poses a threat; the legal profession's own professional ethics and social philosophy will be in conflict; lawyer also has the potential to become a vassal of the parties, which are facing the danger of an independent counsel.