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Comparison Of The Lawyers’ Practicing Environment Between Hongkong And The Mainland

Posted on:2015-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:J Q HuangFull Text:PDF
GTID:2296330452460528Subject:Law
Abstract/Summary:PDF Full Text Request
Hongkong as a special jurisdiction area in our country which is vested with independentjudicial power, including that of final adjudication,its favorable the rule of law environmenthas gained a shower of praise from international community. With this matching is Hongkonglawyers also have a good practice environment, which make the lawyers to better fulfill thesocial responsibility that uphold the rule of law. Some of the concrete ways in Hongkong canprovide some references for the development of lawyering in the Mainland.Since the reconstruction of lawyer system in1979,the Mainland has promulgate theInterim Regulations of the People’s Republic of China on Lawyers in1980,the Lawyers Lawof the People’s Republic of China in1997and the revision of Lawyers Law of the People’sRepublic of China in2007successively. With a big boost from Various aspects,the lawyeringin the Mainland has a great development. But lawyers often encountered difficulties duringtheir practice and even pay a heavy price under the current circumstances that the level of ruleof law for whole society is still low.This paper plans comparing the lawyers’ practicing environment between Hongkong andthe Mainland from many aspects of historical source, traditional culture and practice status,by using positive analysis method, comprehensive analysis and literature research methods,and the author makes some suggestions to improve the lawyers’ practicing environment in theMainland and to promote the rule of law, etc. In the meantime,the author hopes this thesis hasshed some light on the judicial practice.The lawyers’ practicing environment involves a lot,this assay just selects some of thesubjects to make a comparative study. The main contents are as follows: the comparison oflawyer system and the enlightenment and proposals it brings; the comparison of the judicialcircumstance between Hongkong and the Mainland, the independence of the judiciary,thehigher degree of the level of the rule of law and the favorable lawyers’ practicing environmenthave provide enlightenment for improving the judicial circumstance in the Mainland; thecomparison of the lawyers’ status and career development, suggesting that the Mainlandshould take several measures to improve the lawyers’society and political status, promote theconstruction of legal professional community on the system.; the comparison of the lawyers’ tax system, it shows that lawyers in Mainland are face higher taxes, author holds that the taxshall be cut reasonable and the government should leave wealth with the people.
Keywords/Search Tags:Hongkong, Mainland, lawyer, practicing environment, comparison
PDF Full Text Request
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