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On The Lawyers Credit System And Its Construction

Posted on:2014-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:E PengFull Text:PDF
GTID:2256330425975849Subject:Law
Abstract/Summary:PDF Full Text Request
Integrity is the cornerstone of lawyer,and is lawyer’s valuable intangible assets. Atpresent, the legal profession’s lack of good faith have occurred,which seriously damaged thelegitimate interests of the parties. Moreover, the majority of honest lawyers often have to payan individual lawyer’s acts of bad faith. This caused a very negative impact to theconstruction of the rule of law. Constructing the lawyer integrity system can effectivelyimprove the entire legal profession’s level of service, safeguard the legitimate interests of theparties, and enhance the social status of lawyer groups. Constructing Credit lawyer integritysystem firstly requires a clear standards of lawyer integrity. But since lawyers’ ethicalstandards needs a comprehensive evaluation, and the level of morality is very difficult tomeasure with uniform standards, the test of lawyer’s integrity often requires a measurablemedia——the external manifestations of lawyer’s professional and ethical standards——Lawyer Credit.Lawyer credit comes from cumulation of social recognition which lawyers obtained fromfulfilling their professional roles obligation."Strangers" social era makes establishing trustbetween strangers become an important issue. Lawyers credit system came into being. It is setup and run by the authority legal profession credit institutions.It collects information oflawyers fulfilling their duties role obligation fom the judicial and administrative authorities,bar associations, lawyers I, the principal, etc. And finish, process them into a complete creditreport platform. The platform provides reference for potential clients (clients) to hirelawyers,and provides oversight and management basis for the administration and industryregulatory bodies,though disclosuring lawyers credit report in some form publicly or directlydisclosuring to the designated groups,which let the trustworthy benefit and the dishonestyimpaired.It is practically significant for constructing lawyer credit system to focus on the necessityand feasibility of constructing lawyer credit system, regard the ultimate goal of establishing asystem and practice need as benchmark, using the theory of software engineeringdisciplines,regard the user needs as the starting point, from the perspective of constructinglawyer credit system,and research the key points and focus of the construction of lawyersintegrity system.Lawyers credit system construction must depart from China’s actual situation,analysisneeds and concerns of the principal and the administrative departments and other groups tothe lawyer integrity, clear what credit information should contain,propose information collection method which is reasonable and practicable,investigate the credit rating indexsystem and rating methods, propose reasonable and practicable disclosure proposal of lawyercredit information, analysis the legality of disclosure content and manner,research socialefficiency of disclosuring credit information. Finally, extendedly analyse the key points of thesystem construction integrity and focus though the credit system construction,make legislativeproposals of supporting laws and regulations.
Keywords/Search Tags:lawyer credit, credit system, professional ethics
PDF Full Text Request
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