Plight And Outlet Of Lawyers

The demands for lawyers’ services are increasing continuously with thedevelopment of social economic and the advancement of the process of rule by law inChina. China’s lawyer system has achieved a good development, the lawyer plays amore and more important role such as in the aspects of strengthening socialdemocracy, bringing out social fairness and justice. While due to China’s lawyersystem started late relatively, and went through a few transitions about professionalorientation and professional mission under different social economic, the social statusof lawyer is lower, and the lawyer confronts with one difficulty after another in theprocess of practice. Tracing to its causes, the lawyer and law firm are positioned asthe intermediary personnel and intermediary institution of legal service in currentsociety, meanwhile there is a contradiction for the lawyer mission stipulated byLawyer Law, it renders that the lawyer is in a embarrassing circumstance; thetradition of rule by human and the thoughts of aversion to drop a lawsuit are stilldeeply rooted in common people’s concept, there still holds a prejudice on the lawyer,which makes the social status and social image of lawyer is poor; the legal system isnot perfect to guarantee the lawyer’s rights in practice, especially in criminalprocedure, owing to existing contradictions with related legal provides such asLawyer Law and Criminal Procedure Law, which leads to many reasonablesuggestions hardly to be reflected in legal regulations for lacking of the system oflawyer in politic, the lawyer’s rights can’t be ensured, and the obligations andresponsibilities are constantly magnified; moreover, for the system of lawyer’smanagement having some defects, the access to lawyer is relative lower, the inside oflawyer team also exists the minority that not responsible, which effects lawyer’simage and makes people reduce the degree of trust in lawyer. Basing on abovefactors’ combined effecting, which makes that the social status of lawyer is lower,the lawyer’s rights can’t be ensured, and the lawyer confronts with one difficulty afteranother in the process of practice.This article tries to find all problems and dilemmas existing in the profession ofChinese lawyer and the reasons by empirical analysis; puts forward resolvingprogrammes and points out the developing way of the profession of Chinese lawyer by analysis in depth of the problems,dilemmas, reasons,and combining with China’sactual situation. The article works from the situation and dilemmas of the lawyer, andmainly in the perspective of the rights and obligations when the lawyer involves incivil and criminal procedure, having a clear understanding of which caused thelawyer’s dilemmas, in accordance with taking advices of the way out dilemma of thelawyer’s profession, which includes improving relevant legislation, keeping theprosecution’s balance, rebuilding the system of lawyer’s management, improving theenvironment of profession. Hope that this article can have a promotion to Chineselawyer’s profession.