On Perfection Of The Disciplinary System Of Chinese Lawyers

The lawyer punishment system is an important part of China’s lawyer system, widely exists in the lawyer management practice. To reform and perfect the lawyer punishment system is one of the important content of the reform of the system of lawyers, and is an important guarantee of building high-quality team of lawyers. The lawyer punishment system design is scientific and reasonable, a direct impact on the overall quality of lawyers, also affects the realization of the development of the lawyer and the social public interest.Our lawyer disciplinary system has experienced a period of development since the reform and opening up, the disciplinary right of the judicial administrative organ exercise alone to the progressive development of Lawyers Association and judicial administrative organs to exercise common, disciplinary procedures lawyer also more perfect. However, our country present punishment system there are many inadequacies in the legislation and the concrete implementation, need to be further perfected. These problems mainly include:in the legislation, the "two combination" system of management of the judicial administrative organ and the bar association unclear function orientation, disciplinary power allocation is not reasonable; the judicial administrative organ management function greatly; lawyers association, its strength is not strong, the lack of independence of the association of the organization; hearing subject qualification and improper; the existence of judicial administrative organs the power of administrative penalty and Bar Association industry cross bar association disciplinary punishment right; relief way Co.;disciplinary organization set is not perfect etc.. Discipline in the implementation of the system exist the problems of disciplinary procedures transparent, procedural movement mechanism imperfect, serious lack of disciplinary procedures deadline etc.To reform and perfect the lawyer disciplinary system first it is necessary to improve the two combined with the lawyer management system, must be clear about the judicial administrative departments and the lawyer association responsibilities, clear through their respective functions and duties, promote the lawyer system to standardize the management, improve the management function of Lawyer Association, and gradually realize the lawyer autonomy; secondly, to the rational allocation of disciplinary authority and perfect disciplinary institution; once again to improve the disciplinary procedures, clear procedural rules and deadlines, participation right improve the procedure of the parties; finally, to establish the corresponding preventive mechanisms, by raising the entry threshold, strengthen the lawyer occupation ethics and Practice discipline education, the establishment of psychological intervention mechanism, full attention is punishing lawyers rights and strengthen the external supervision the overall quality of the contingent of lawyers to improve security.