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Discussion On The Development Of Legal Professional Community Of China

Posted on:2016-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:L Y GuoFull Text:PDF
GTID:2296330467983428Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since the eighteen session of the fourth plenary session, the legal occupation communityhas once again become a hot topic of discussion in our legal practice and law academic circles.The formation and development of western countries under the rule of law throughout thehistory of occupation of the community, is closely related with the process of rule by lawdevelopment of legal occupation community with a country. Legal occupation is theprecondition to form the legal occupation community, forming the legal occupationcommunity is the external performance of a highly developed legal occupation. With theprogress of the society, social management mode of the transition to the rule of law, theefficient operation of the society is the urgent request a perfect match of the existence ofcommunity law occupation.Besides the first chapter introduction,it contains the following three parts:The first part from two aspects of basic concept and characteristics of legal occupationcommunity knowledge carefully combing and summary. In combination with the viewpointsof scholars both at home and abroad on, according to the special situation of social operationtransformation in China, puts forward we can construct a to lawyers, judges and prosecutorsas basic rudiment of China legal occupation community types. In addition, from knowledgestructure, occupation attribute, organizational structure, value idea and the occupation ethicsfive aspects, summarizes the legal occupation community with intellectual, professional,autonomy, identity and public. Finally, this paper thinks that the formation and developmentof legal occupation community is a set of unique, complete and organic law thoughts, ideasand value premise.The content of the two part is mainly of second parts: one is from the angle of history, abrief review of the legal occupation in China (lawyers, judges and prosecutors) developmentprocess; the two is to the current law of our country occupation community construction,analyze and study many problems in the intellectual, professional, autonomy, identity andpublic five aspects are highlighted, the knowledge reserve legal occupation enough staff, legaloccupation threshold design unreasonable, the legal occupation administrative interference effects between group members, the lack of strong occupation occupation identity and legaloccupation ethics flaw etc.. On this basis, this paper argues that although the law of ourcountry occupation in more than half a century after the post has made some achievements,which laid the foundation for the formation of legal occupation community in china. However,due to many factors, the formation of the law occupation community in our country is still inthe elementary stage.In order to solve the five problems existing in the construction of occupation communitylaw in our country, the third part by drawing on the advanced experience of the constructionof legal occupation community abroad, from five aspects (legal occupation education training,access to legal occupation, stand on one’s own mechanism, construction of communitycommunication and coordination platform and the occupation ethics) and explore the futuredevelopment path of legal occupation community in our country. In the aspect of legaloccupation education training, should achieve good cohesion, education of law and legalpractice of constructing the integration occupation training mode and improve the system ofcontinuing education; access in the legal occupation, we should perfect the connection, theestablishment of specialized judges and prosecutors to recruitment examination systembetween legal occupation admittance and the national uniform judicial examination in thestand on one’s own mechanism; from the personnel, shall, identity, position and materialeconomic link to ensure judicial independence system, reform the existing system of lawyers,improve the level of autonomy of lawyer profession; in the construction of communitycommunication and coordination platform, to persist in innovation, to take more measuressimultaneously, to promote the legal occupation internal communication and identity; in theoccupation ethics, should be from the legislative guide background and education, perfectingthe legal industry association internal self-regulation system to strengthen the occupationethics construction.To sum up, with the continuous development of the rule of law in China, legaloccupation community problems are also of concern. Only in-depth analysis of the law of ourcountry occupation together reflect the situation and the existence question, to be moreobjective, in-depth understanding and grasp the present our country government by law modernization of the deficiencies and the direction of judicial reform. Jurists to through legaloccupation community to realize the rule of law in this path, also has high hopes. Hope thatthrough the legal occupation and active participation in the community, strive to promote thejudicial reform in our country, to realize the vision of modernization of rule of law in ourcountry.
Keywords/Search Tags:Legal profession, Community, Vocational education, Stand on one’s ownmechanism, Communication and coordination platform
PDF Full Text Request
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