Font Size: a A A

On The Construction Of The Legal Professional Community

Posted on:2010-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2206360275450053Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The situation of a nation's legal system not only relates with the healthy extent of jurisprudence,but also relates with the level of law handlers.Establishing specialized and identical legal professional community is the basic requirement and common characteristic.Therefore,to law research,it is very important to find out the generic disciplinarian between mankind and law and then research the improvement of legal professional community deeply,rather than only discussing the legal system.But in China,the research of legal professional community is still in the phase of calling community.This article is trying to bring up some opinions of establishing China's legal professional community by researching the practice of western countries and the situation of law in China.The professionalization of law is the only way to implement the legal professional community,which means analysing all kinds of professional theories,abstracting the characteristic of legal professional community and defining the concept and property of legal professional community.The legal professional community stands for the practitioners of law,moreover,it stands for the self-identity,annotation and unique spirit of this group to the concept of law.The social functions of legal professional community includes three aspects,which are control function,conformity function and assurance function.The western legal professional community formed in specific history,culture and tradition.By comparing the centralize mode of British-American law system with the Cartelmode,it is obvious that both of the two systems established their own legal professional community successfully.However,to China,it is important to establish its own mode based on the special local source instead of just copying those two modes.The conflict in the process of establishing legal professinal community in China, represented as the serious lack of the independency of community.The communith, which are not autonomous,lost its base.And the internal conflict of law professional group lead to judicature corruption.The lack of professinal self-identity and identity assurance made it difficult to establish China's legal professional community.If all the above is the superficies,then China's unique deep issue is the weakness of citizen society.First of all,find out the possibility of establishing the legal professional community by explaining the existence of community and benefit community.Then bring up suggestions in three aspects,which are acquirement of autonomy,adjustment of internal relationship and the establishment of professional assuance and professional ethical,based on the issues in Partâ…¢.
Keywords/Search Tags:Legal professional community, Rule by law, autonomy
PDF Full Text Request
Related items