The Administrative Power Of Lawyers' Association And Its Regulation

With the continuous improvement of the degree of the rule of law,the lawyer is also growing in strength.To a certain degree,the development level of the lawyer represents the height of the rule of law in a country.Rapidly developed into the most representative association in our country,the Lawyers ‘Association(hereinafter referred to as “LA”)is improving continuously while the lawyer is developing.In the context of institutional reform of government decentralization,social organizations like LA are increasingly undertaking the functions of part of administrative organs.LA with self-discipline management and executive power will inevitably violate the rights of intern lawyers when exercising the right.It still has research value on how to regulate the administrative power of LA.Especially in recent years there have been several disputes between LA and intern lawyers,and intern lawyers often encountered hinder in filing an administrative litigation.So it still has practical significance on defining the nature of the power of the LA.This paper focus on regulating the executive power of LA,and analyzes the problem of the abuse of the executive power in practice by using normative analysis and empirical analysis methods and puts forward the suggestions to improve the regulation.The whole structure as follows:Chapter 1 "The basic theory of the power of LA".This chapter mainly discusses the development process of LA in order to understand the power of LA at different periods,and then to analyze the power type of LA at this stage.The author believes that according to the provisions of the Lawyer Law and the LA's charter,the LA's management behavior towards the intern lawyers is the embodiment of the executive power which do not belong to the scope of self-regulation management.Chapter 2 "The practice view of executive power of LA”.This chapter discusses the current situation of the power of LA and analyzes the existence illegal management behavior of the LA from the view of the litigation case,when it was as the defendant in recent years.To further analyze the reasons for the illegal administration of the LA.Chapter 3 "The perfection of the regulation of the executive power of LA".This chapter discusses the necessity of strengthening the power regulation of the LA,and puts forward the perfect suggestion on how to regulate the operation of the power of the LA combined with practice.From the author's view of point that by improving the Accountability System of the director of the LA as well as strengthening the judicial intervention and other means which can greatly regulate the exercise of the executive power of the LA.