Study Lawyers Access Issues

Lawyer system is the foundation of modern civilized nation. It is deemed as the product of democracy, which is closely related to the rule of law. Lawyers are an important strength who promote national law process. As Chinese lawyer system is recovered for a short time, we do not research the system deeply. In addition, many areas are still in the exploratory stage. Lawyer’s Professional Access System (hereinafter referred to as "LPAS") is the primary issue and one of important parts of lawyer’s system. It decides whether a natural person can become a practicing lawyer. After carrying out the reform and opening-up policy in China, LPAS is relatively loose because of the needs for economic development and the shortage of legal service resources. However, along with the continuous deep of economic reform, the main contradiction of the legal profession becomes more and more obvious. The quality and professional level of lawyers are not suitable for the development of profession. The disadvantages of the current LPAS have already hindered the sustainable development of the legal profession. Therefore, it is necessary to improve the LPAS right now.The first part is overview of LPAS. To research the lawyer’s professional access, we should begin with the study of the lawyer qualification system. By discussing and comparing lawyer qualification and lawyer professional access in China and foreign countries, the situation, advantages and disadvantages are introduced in this thesis, which provides a basis for the following discussions of the current lawyer professional access system and the way to improve this system in our country.The current situation and problems of the LPAS in China are analyzed in second part. Through analyzing the situation and problems of the current legal education, Judicial Qualification Exam and internship management, it is found that the current rules of lawyer professional access need to be improved, as well as the approaches of lawyer’s professional access need to be increased. It provides the basis for discussing in detail the suggestions of how to improve the LPAS in the following part. On the Third part, it proposes the countermeasures and Suggestions of Improving LPAS, such as increase the modes of legal education, reform the system of judicial qualification exam, improve the system of internship management, refine the requirements of legal practice application and define the system of special permitting for Lawyer Practice. I wish,based upon the establishment and the perfect of above-mentioned system, the access standards for professional lawyers of our country might be increased completely so as to promote the development of the profession.