The Study On Acting Obligation Caused By Pre-action

Law since the birth of governance will shape the country from the rule of man to the appropriate law changes, and the rule of law is the rule of law from the beginning of the form, and then a little bit of transition to the substance of the rule of law, the rule of law in the modern sense is both contain more form and shape that contains the essence of governance. As the theme of the Fourth Plenary Session of the eighth, adhere to the rule of law, governance according to law, to jointly promote the administration according to law, adhere to the rule of law, law-based government, the rule of law one of the building has been officially established as the fundamental objective of the rule of law in China, which is both the party and the government Times ruling system itself, but also on account of a people.China to build the rule of law requires not only innovation and change in the party and government work, it needs the masses are actively involved, especially the legal community. True rule of law, but the legal person’s life career, any reform of the system were to break the vested interest groups, and the rule of law in China has finished its construction would require lawyers to charge forward, lawyers act as the role well. Since its birth, the lawyer system represents the conscience of a society based on the maintenance of the legitimate rights and interests of the parties, to ensure the correct implementation of the law and the maintenance of social fairness and justice functions, its well done social division of its responsibilities and obligations. For this ambitious project China Construction Law, the lawyer system to establish a comprehensive, multi-angle judicial reform play a huge role. In terms of legislation, the promotion of justice of the legislation, practice and scientific; strict enforcement and provide legal protection, help decision according to the law, to resolve social conflicts, improve administrative efficiency; in fair justice, agency appeals complaints, meet the communication, investigation forensics, change enforcement measures; in terms of law-abiding citizens, spread the concept of the rule of law to resolve social disputes, training legal personnel.Confined to historical and cultural differences, China’s current lawyer system does not play the importance of the rule of law, such as the West, China is currently in the construction of the rule of law, lawyers faced with the political and social status is not high, the fundamental rights are not guaranteed, Criminal Law 306 Restriction of the detention and other factors, so that it can not function well. Build the rule of law will be subjected to the initial stages of long, intermediate stage, eventually reaches an advanced stage, while the lawyer system of various constraints must be in the primary stage should be perfect.