The Rationality Basis And The System Design Of The Lawyer Agent Of Judicial Appeal

The legal system of judicial appeal is a new concept in the context of the current judicial system reform. Before the system, there are many difficulties in the judicial appeal of lawyers in our country’s judicial practice, the lawyer’s rights are limited, and the participation of the complaint procedure is relatively outstanding. There is not only the design of the procedure of the complaint, but also the judicial system. From the legal theory, the lawyers and the parties to the protection of the rights of the litigation has a big difference. Under the social standard of value, it can not only protect the legal rights of the complainant, but also lead to the balance between the cost and the effect. In the system design of the judicial appeal, the "three stage" model and the compulsory legal system should be used for reference, and the application scope of the lawyer, the lawyer’s authority, the lawyer’s intervention period and the supporting system are detailed and clear.This article altogether is composed by five parts, the concrete content is:The first chapter is the introduction, which describes the current situation of the petition tide to the current justice, and thus the problem can play an active role in solving these difficulties.The second chapter discusses the current situation and existing problems of the legal representative of our country. First, through the empirical investigation of the way, to explore the current status and development trend of judicial appeal in the procuratorate, the court of justice. Two is to reveal the two major contradictions and the Judicial Dilemma in the process of the judicial appeal of lawyers in our country. Three is, to the lawyers in the judicial appeal of the two major contradictions in depth analysis, analysis of the root causes of conflict.The third chapter discusses the theoretical basis of the legal system of the judicial appeal, namely, the legitimacy and necessity of constructing the judicial appeal. First, look at the stones from other hills, a glimpse of continental law system and Anglo American law system countries in the appeal structure mode and attorney system in legislation. In contrast to the appeal structure and the legal system in our country’s judicial appeal,we find that the legal system of the judicial appeal in the foreign countries and the best way to merge with the local law. The two is that the role of the parties and lawyers in the litigation, the role of lawyers and the parties to protect the rights of the difference is set up the legal system of lawyers. Three is, from the legislative level and the legislative idea of the legal system of judicial appeal to the legal system of ideological conditions is the importance of the protection of human rights and the legislative idea of change. Four, from the perspective of economic principle, the cost of litigation and the judicial benefit of lawyers involved in the appeal case are investigated, and the measure of cost and benefit is the real reason for the construction of the legal system.The fourth chapter discusses the design scheme of the legal system of the judicial appeal. This part is the focus of this paper, which is divided into four parts:(1) to set up the legal system of the judicial appeal, that is to reset the "two order structure" of the appeal mode, the judicial appeal into the proceedings, the right to establish the party’s litigation property rights. (2) establish the legislative act of the appeal of the lawyer’s agency, and advocate that the appeal of the lawyer should be insisted on the lawyer’s compulsory agency. (3) setting the application scope of the attorney’s agency of the judicial appeal, and the rights of the lawyer in the period of intervention. (4) the supporting system of the judicial appeal to the lawyer’s agency shall be included in the case of the establishment of the legal aid system in the case of the losing party’s system and compulsory defense system.The fifth chapter is the conclusion part, the establishment of the legal system of the judicial appeal of lawyers is one of the links in the reform of the judicial system. The legal representative of the legal system of judicial appeal can work well, the key is whether to build a service-oriented government and an independent and efficient judicial environment.