On The Autonomy Of China's Bar Association

When the career of attorney becomes into a profession group, the administration mode of the bar association needs to keep pace with the times through reform and continuous perfection. The main administration mode to the bar association now in our country is simply called"two-unions"attorney management system, which is the combination of the administrative management of the judicial administrative department and the self-discipline management of the bar association. With the development of the market economy and the requirements of the process of the construction of a legal society, the numbers of the legal professional are increasing with each passing day. Thus to pursue the reform of the attorney administrative system is increasingly urgent, because the"two-unions"system now is a far cry from meeting the demands of the growing attorney profession. The reform trend of our country's attorney administration system is to enlarge the self-governance scope of the bar association. Virtually, the process is to endow the bar association with more management power, which is to transit the management of the judicial administrative department into the self-governance management of the bar association gradually. Therefore, the self-governance of the bar association means that the association composed by the attorney themselves carry through self-management and self-service on their profession arrangements. The origin of the self-governance of the bar association is mainly based on the theory of constitutional jurisprudence, administrative jurisprudence and so on. The major contents of self-governance include formulating profession standards, reviewing profession qualification, maintaining profession discipline and so on. The construction of the lawyer system is an important component of the legal system building of a modern country. And the self-governance of the bar association is the core element to the lawyer system. Now, in China, the self-governance process of bar association is yet to be completed, such as the organization setting is defective, the operating system is imperfection, and the remedy system is unscientific, etc. This thesis will put forward concrete analysis one by one according to those questions. Based on the rules of the new act of lawyer, the author will learn the advanced experience from foreign countries in order to consummate the shortcomings of our countries'self-governance of the bar association. Therefore, to construct a perfect and scientific self-governance of the bar association is a practical guarantee to ensure its efficient operation, also a realistic factor to enhance the administrative system reform of attorney.