The Research Of China’s Lawyer Management System In View Of The Protecting Of The Lawyers’ Practice Rights

With the continuous deepening of the reform of the lawyer management system of our country and the construction of the rule of law progress, the ills of our current lawyer management system gradually in practice, the most serious problem is the lawyers’ rights are not better security, rule of law and the lawyer as guardian of the propellent function has not obtained the good play. The reason is because China’s current "two combination" construction of the lawyer management system to promote slowly, still very not perfect, which leads to the lawyer management in our country is not reasonable, serious damage to the lawyers’ rights. Therefore, the imminent reform of lawyer management system of our country.China’s "two combination" the lawyer management system is our country after years of exploration and established, the objective is to fully protect the rights of lawyers, to promote the progress of the rule of law. In this paper, based on the realistic circumstance of our country lawyer management system in respect of lawyers practicing rights protection, analyze the existing in our country’s lawyer management system in the rights of lawyer on the problem, learn from the advanced experience of foreign lawyer management system in protection of the rights of lawyers aspect, improve our country’s current two combination lawyer management system.This paper is divided into four parts, more than 20000 word.The first part expounds the basic meaning of the lawyer and the lawyer management system. Firstly discussing the meaning of lawyers, including lawyers of the concept, nature of lawyer, lawyer’s function. Through the concept of cognition of lawyers, let us know that the lawyer is to provide professional legal service to a client’s personnel; through the analysis of the lawyer’s nature, let us know lawyer unique attribute is distinguished from other occupation, is a lawyer with freedom and independence; and then through the analysis of the function of lawyer, that the most important function of lawyer rule of law is the keeper and promoter. Then the lawyer management system defines the meanings, this article is about the lawyer management system includes the industry management of the judicial administrative organs in administrative management and lawyers association.The second part introduced China’s right to a lawyer practicing in the contents and current lawyer management system and practicing lawyers in the protection of the rights of existing problems, and analyzes the cause of the problem. Is introduced in this paper. China Lawyers’ rights; then introduced China’s current lawyer management system; to analyze China’s current lawyer management system in law practice of rights protection, heavy management, light service color is still very strong, the function of the judicial administrative organ and the association of lawyers there are overlapping, blurred, judicial and administrative organs of lawyer management authority is too big, too wide, and lawyers association of lawyers management authority is too small, too narrow. Finally, analysis from the traditional legal culture, Governance structure, social cognitive of lawyers, and lawyers association of several aspects of this reason.The third part of the typical Western countries under the rule of law and the rights of lawyer management system investigation. First on the Anglo American law system on behalf of the United States were investigated. And then examine the to stand for the continental law system of Germany that the conclusion is whether America or Germany, their lawyers are very free, very independent, mainly by the bar association of lawyer management, and the lawyer’s practice right to give full guarantee.The fourth part puts forward the tentative idea to rights of lawyer constructs our country lawyer management system as the center. First, adhere to the "two combination" the lawyer management system direction, on the basis of its reform and improvement. Second, the judicial administrative organ function conversion, not in the regulation of lawyers on too much, too small, and it shall be in the positioning functions of supervision and guidance of the work of a lawyer. Third, promote the lawyer association autonomy, specific way is to give the essence of management authority, more guarantee the independence of lawyers association.