| Chinese Lawyer System budding judicial reform in the late Qing Dynasty (清朝), in the draft Procedural three successively promulgated in the late Qing Dynasty, have the system requirements for lawyers. Although there is no single line of lawyers promulgated regulations, but in these procedural provisions is a useful attempt to counsel system construction. The fall of the Qing Dynasty immediately, making a real lawyer system has not been implemented. Republic of China, Nanjing Provisional Government lawyers regime adopted a proactive attitude. In1912, Sun Yat-sen,"lawyer draft law" ordered, said:"Lawyers system for the use of complementary and judicial independence, the prevailing civilized nations."1912In the Northern Government promulgated the Provisional Articles of lawyers (《律师暂行章程》) as China’s first one-way Lawyers Law, which officially declared the lawyer system was born in China.1927Nanjing National Government promulgated the "Articles of Association of Lawyers."(《律师章程》) Provisions Lawyers Articles of Association Most followed the provisions of the Northern periods, and judicial reform incompatible Nanjing National Government and affected the domestic environment, Republican lawyers need to develop new methods. Ministry of Justice on the basis of past experience combined with the previous stage, in1935began to prepare a draft Law on Lawyers, solicit opinions from all sides. Submitted to the Legislature for consideration in1940, considered and approved at the end and the following year by the national government promulgated and implemented. After successive develop rules lawyer login,attorney disciplinary rules,Lawyers checklist approach and a series of columns supporting the implementation details, and gradually formed a complete system of lawyers. Republican lawyer system marks After decades of development tends to stereotypes, perfected, formed its own characteristics. Republic of China from1940to1949for the study of law system, this article Lawyers Law as the starting point and the center of the study, divided into three parts. The first part analyzes the Solicitors’ Act, introduced the reasons, causes and lawyers legislation consists mainly of social and political lag for two reasons; second part is mainly to Lawyers Law discusses the main contents of the object, for" Lawyers Law normative analysis, a comprehensive description and analysis of specific system Lawyers Law established, including vocational nature of the lawyer, solicitor, lawyers guild system, the disciplinary system and lawyers’ professional ethics and so on. The third part is the Lawyers Law itself Comment. From the main features of Lawyers Law and the lack of progress in the three aspects of the factors and Comment. Lawyers Law is the core of the Republic1940-1949lawyer legal system, with distinct characteristics. In this paper, Lawyers Law as the study of the core, using the method of historical analysis of Republic of China Law on Lawyers for analysis and interpretation, on this basis, for Lawyers Law Comments. From the background to interpret the reasons for Lawyers Law assessment, are based on the basis of the Lawyers’ Law on normative analysis. The combination of historical analysis and normative analysis of the system of lawyers1940-1949period to inspect. Combined with Lawyers Law is summarized from Western lawyers domestic legislation and on the basis of judicial experience. Many of these systems continues to be used in today’s Taiwan, China; Meanwhile, affected by the political environment, the limitations of the era, Lawyers Law there are some flaws and shortcomings. That is why this law was more worthy of our attention and study. During the1940visit to the Republic of China to1949Republic of China Law on Lawyers(《律师法》)as the core of the constructed system of lawyers, in its analysis, while the lawyer system can deepen the Republic of the period1940-1949to understand, but also summarize their lessons As a judicial institution building stone hills. |
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