Study Of Political Participation Of Attorney In China

Political participation is a conduct and process that citizens or organizations takeaction to affect the formation of politics and public policy, which attaches greatimportance to democracy and the rule of law and public administration．Modernattorney institution’s practice has proved that political life is a non-negligible fieldwhich attorney also can and should give full play to its function.Attorney has a respected position in Western countries. They play the role of thearistocratic society. They are extremely bright in the political arena. Many politicalstars come from the legal profession. Political participation of attorney has becomethe development trend and the trend of Western politics and the rule of law. The mosttypical political participation of lawyer is in the United States, Britain, Germany andFrance. Lawyers’ political participation has many advantages and conditions，such asvocational skills,plenty of time and high income，social roles advantages, etc. Thepolitical participation of attorneys is of great value in upholding the rule of law,promoting democracy and improving public management.Modern lawyer system of china began in the late Qing Dynasty. In theintroduction of Western law system, China had large reservations. Lawyer statutesforbade the lawyers engaged in activities unrelated to the legal. After the founding ofThe People’s Republic of China, there was a brilliant political participation of theattorneys. They have made outstanding contributions to the establishment of theRepublic. After the reform and opening up, in some extent，attorney involved inpolitics. Firstly, some of them were elected as deputies to the NPC or CPPCCmembers. Secondly, they impact formulation and implementation of public policy,through taking part in legislation etc.However, at present, lawyers play a low role in politics, and their political participation just has a narrow range, whose prominent problem is lack of profundity,which has a close relationship with the current political environment:Firstly, thecurrent political system and cadre system refuse to share political power with lawyers,which restrains the lawyers’ political participation; Lack of conversion between thelegal profession system limits the lawyers’ political participation; The lack of theconventional system of the lawyers involved in the legislative hindered the lawyers’political participation. Secondly, the traditional thought of No Lawsuits makeslawyers not be recognized, which restricts lawyers’ political participation, and theofficial standard thought also hinder their political participation. Meanwhile, attorneyprofession’s over-commercialization swallowed up public political role which shouldbe played by the lawyers in the rule of law in national construction and public affairs;Finally, Chinese attorneys have a weak awareness in political participation make theyinevitably lost the ability and opportunities to participate in politics, promote the ruleof law process; and they are low in quality on the whole greatly restricted the politicalparticipation of lawyers. In addition, they are far from the request for the politicalparticipation.The history transition from the rule of man dictatorship to democracy and therule of law opens the door for lawyers to active in the socio-political arena. The era ofprofessional politicians will provide rare historical opportunities of politicalparticipation for Chinese attorneys. Chinese lawyers as politicians and administrativeofficials in the socio-political arena will be worth to look forward to because of therealistic possibility.Political competition in the supply system is a very important competitionproject between the modern states. Attorneys as a valuable political and humanresources are bound to be wasted if they can not get better political participationchannels. We must design a democratic system, to allow lawyers to play a full part，toachieve the rational allocation of political resources. We should increase opportunitiesfor lawyers involved in politics, and establish the normal mechanisms for lawyers toparticipate in politics. The paths of Chinese attorneys’ political participation include: Take on Party representative, deputy to the NPC and political advisors; directly takepart in legislation; get into judicial departments; take part in and influence policythrough taking on Office Lawyer; join the state power authority to work as cadre etc.