The Research On The Lawyer System Of Early Republic Of China

Lawyer system originated from ancient Europe, it could be said that the product of individual rights-based. System of modern law paid close attention to individual rights. Although China have the thousands of years of legal civilization, until the late 19th century, China's legal system of the lawyer system had never appeared. Though in ancient China there had not been legal profession,but no lack of "the Chinese law practitioner", the emergence of groups that collected with the law, in the "interest of First Instance", "Boredom", "official standard", "national standard" of the cultural environment, the Chinese law practitioner was a special product of China's feudal society, It have law social status, with lawyers low social status.Early 20th century, with modern European and American invasion, the lawyer system was introduced. Shen of the drafting of a "Draft Law of the Qing criminal civil" provisions of the law system for the first time, although for various reasons, Qing law system did not promote, but the lawyer system had been known to result. After the Revolution, the Northern Government invoked the new law of late Qing Dynasty, on the basis of the Qing Dynasty lawyer system promulgated a series of laws regulations, such as "log on the Provisional Law","The Temporary Rules of Disciplinary Counsel", "Bar Exam Order".As a new thing, the development of Early Republican lawyer system hampered by various factors and constraints. First of all, it was contained by official. On the one hand, the early Republican party size entrenched warlords, military forces arbitrary interferenced in judicial activities, normal activities could not commence proceedings. On the other hand, in the form of Act, the Beijing government confirmed the administrative jurisdiction of the magistrate system, this system was contrary to the system of lawyers involved in litigation. Second, the Chinese economy was restricted by geographical, cultural, and uneven development. China's vast territory, dued to geographical advantages, southeast coastal areas's economic and cultural were prosperous, the development of the lawyer system in these areas was in good shape. But the vast inland regions dued to the economic development lags behind the constraints of limited cultural level members of society, leading lawyers could not be carried out. Finally, in China the lawyer system had been implemented by the traditional "Shame of First Instance", "interest litigation" culture jamming. But the early Republican China's lawyer system created a precedent, the early Republican China's lawyer system created a precedent in modern defense system, that was an integral part of modern legal system, in China law system law system was no doubt that the history of Chinese legal history and even left a "red-letter" of the stroke. The provisions for lawyers, regulatory system, and other provisions of the definition of liberal professions in modern law system continues to be learned.