Study On China's Civil Agent System

In the times of social transition,all kinds of disputes increasingly prominent.Some demands for legal services of ordinary citizens can't be met because of the high attorney's fee or the lack of legal aid.In order to meet the needs of the transition of the rule of law,the civil agent system,in addition to the capacity of the parties to the proceedings,but also serves the diversification of the legal market players.In view of the illegal civil agent in practice chaos emerge in endlessly,our country's new “Civil Procedure Law of the People's Republic of China”(hereafter referred to as“Civil Procedure Law”)article 58 limited the scope of civil litigation agents in 2012.As being “The supreme people's court about applicable <the civil procedure law of the People's Republic of China>”(hereafter referred to as “judicial interpretation of Civil Procedure Law”)in 2015,although the implementation rules refined further,the imperfect system design and judicial practice dilemma are also criticized by public.The thesis is about 30,000 words,composed of introduction,text and epilogue.The text is divided into five parts:The first part introduces the general situation of the basic system of civil litigation agency in our country.First,the author uses the comparative concept expounds the connotation of the civil agent system.Then from the right to debate,the mode of civil action,the value of civil lawsuit agency,the influence of civil society,it reveals the legal basis for the system of civil agent system.Second,foreign countries and our Taiwan areas have different lawsuit agent systems,the three patterns are all for a stepping stone of Chinese characteristics civil agent system.Along the time line,the second part clarifies the development of civil agent system.The first section briefly introduces the ancient system of civil agent system with the embryonic stage of lawyer system,and the legislative status of civil agent system after the establishment of New China.The second section focuses on the revision of “Civil Procedural Law” article 58 in 2012 from the necessity,method of legal action background and new details by comprehensive elaboration and analysis.The third section begins as the understanding of “judicial interpretation of Civil Procedure Law” from Articles 85 to 88 in 2015,emphatically analysis new judicial interpretation provisions.The third part analysis our civil agent system about the problems in the judicial application,namely the illegal civil agent,including its main types and negative effect.Through the analysis of chaos in the judicial practice,such as professional civil agency,fictitious identity agency and unregistered agency and so on,to explore the negative effects further and analysis the causes as well as countermeasures.The fourth part extends to the causes of civil agent system chaos about design concept,social needs,legal provisions and judicial practice so as to elaborate reasons behind the illegal civil agent problems.From the perspective of law provisions,the author focuses on close relatives identified difficulties,the different standards of legal labor relations,the contradiction of community and unit recommendation,corruption of social organizations.All these causes set up for the corresponding logical relationship of the fifth part.The fifth part is based on the above suggestions and measures for perfecting the civil agent system,and it's also the core of whole thesis.First,the author reiterates the significance of the necessity of improve the civil agent system.Second,the author put forward from the angle of design concept to establish relative compulsory civil agent system,and explains its meaning.Third,from the perspective of social demand,it's essential to perfect the legal service mechanism.Completing the lawyer system and the basic law service system all can provide legal aids for low-income groups.Fourth,as for the specific laws or regulations,the related principles and details of procedure are supposed to add as well.At last,follow up relief and supervision mechanism.The author regulates safeguards monitoring by pre-trial review process,court promise and disciplinary punishment after it.