Reconsideration And Reconstruction On Chinese Lawyer Management System

The lawyer management system determines the basic structure of lawyer management. Tobe specific, it includes institution setting, division of power and the legal relationshipdetermined by it. Chinese lawyer management system has experienced “administrativemonopoly”“administrative dominance” and the combination management mode, whichhave differently influenced its development and standardization. With the continuousimprovement of socialist legal system and the strengthened specialization, modern lawyeringis developing towards accuracy and comprehension. The oversimplified combination ofadministrative management and the lawyer autonomy can not meet the needs of industrydevelopment. Disadvantages during operation need to be improved from the inside. So theinnovation solution should be found in the lawyer management system.The reconsideration of the lawyer management system needs to start from the lawyer’sprofessional nature. Because there is close relationship between the management system andthe lawyer’s professional nature, legality, independence and profitability of professionallawyers are important factors to be considered. It is the professional nature that determinesinside the necessity of the lawyer management system in the administrative management,industry management and institute management, as well as the scope of lawyer managementsystem outside. As for professional lawyers, management is carried out as a method but notthe eternal goal. Thus, a reasonable and complete management system must take the basicdemand of the development of lawyering into account. That is, it must be in favor of theprotection of lawyer’s professional rights and the provision of professional legal service,which demands that the industry management must be emphasized. Only in this way canlawyer as an occupation meet the social demands and provide legal service that is needed,which is the fundamental meaning of a professional lawyer.Studying from the perspective of historical types and modern situation, lawyermanagement systems in countries of two law systems has different modes, but both presentthe same wisdom to manage professional lawyers as a whole, from which a globally suitablepractice in lawyer management system can be realized, that is the combination of highprofession autonomy and the national guidance. On the basis of the comparison of lawyer management at home and abroad, with the combination of globally suitable practice anddomestic resources, the lawyer management system at home now will not include themanagement of courts; justice department is only an executor in general; industry associationshould work on the development of the whole industry.From the perspective of the protection of lawyer’s rights, the reform in lawyermanagement system should be carried out respectively in different levels, abiding bymanagement rules and serving all the lawyers. Thus, the mode to combine justice department,lawyer’s associations and law firms will be the method and target in the reform. In which, thegovernmental supervision of justice department is the margin of the management; It shouldmake clear its function in the management system, realizing the change from a manager to anexecutor; the industry autonomy of lawyer association is the center of the management; itshould assume the essential responsibility of the management, realizing self-controlling andself-development from the perspective of the protection of all lawyers; the management oflaw firm is the basis of the system, which should lead lawyers to improve their efficiency andto maximize their profit through the perfection of the management mode.