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The Comparative Study On The Practicing Thinking Of Litigation Lawyers And Non-litigation Lawyers

Posted on:2018-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:F LiuFull Text:PDF
GTID:2346330515990259Subject:Applicable law
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Lawyer is an important part of the legal professional community,for the construction of the rule of law in China has made outstanding contributions,with the development of China's society and judicial reform to vigorously promote the lawyer profession more and more by the judiciary and even the public attention.At the same time,the lawyer industry and the lawyer system is actually the product of economic development,the development of the lawyer industry must conform to the requirements of economic development.Since the reform and opening up,the economy has flourished and flourished,the social division of labor has become more detailed,the new civil disputes and criminal disputes have been emerging.The state has formulated more and more detailed laws and regulations to cope with the lagging laws and regulations and can not adapt to the new society The reality of form.Economic development and changes in the demand for legal services to the lawyer is no longer just to solve the role of disputes or litigation,lawyers gradually into the torrent of economic operation,a risk prevention and prediction of the master,a standard system of modern enterprise designers,Approval of the senior professional consultants and referrals,lawyers continue to update the business,increasing the volume of business,non-litigation,the rapid growth in the number of legal affairs.In short,the development and changes of market economy to promote China's legal services market has undergone major changes.In order to meet the development needs of China's economic and legal services market,the business of the lawyer industry is gradually divided into two camps---litigation business and non-litigation business,lawyers are gradually divided into litigation lawyers and non-litigation lawyers two categories.Because of the difference between the professional nature and the professional content of the litigation lawyer and the non-lawyer lawyer,the practice thinking of the two provides the legal service for the client has different characteristics,and there is a more obvious difference.In the course of practicing,lawyers analyze problems,solve problems and guard against risks and a series of practice actions are directly from the different demands of the client,the purpose of these differences led to the work of lawyers and work direction is different;even lawyers Some departments are based on the completion of the purpose of government regulation;some functional departments are to follow the procedural law on the link in accordance with the law to resolve conflicts,etc.,this series of different direct impact on the lawyer Differences in practice thinking.In other words,the lawyer practice thinking determines the lawyer in the face of specific entrustment should think about what to do,how to do.At the same time,the development of lawyers practice thinking can not be separated from years of practice,for low-grade lawyers or work for many years still do not know how to practice their lawyers,only to clarify what they should have the practice of thinking,to targeted Training and improve their ability to practice thinking,to provide better legal services.At present,the number of lawyers in China has reached 328,000,and the number of law firms has reached 26,000.The social and economic phenomena such as internet,high-tech,multi-level capital market and global taxation have made infinite expansion space for the future legal service market,The competition between lawyers and lawyers is no longer just the competition of legal professional knowledge and education,but also the competition of legal person complex,which includes the internationalization of legal knowledge,legal knowledge and economic,financial compound,But also includes the lawyer's professional way of thinking to develop,enhance and cross-apply pattern.Therefore,the study of lawyers' practice thinking has an extraordinary significance to the practice of lawyers in our country and even the progress of the rule of law.This paper focuses on the analysis and comparison of litigation lawyers and non-lawyers' lawyers in order to help the lawyers who are already enrolled in or have been enrolled in their own direction to provide more professional and high-end legal services.We also hope that the lawyers should learn from the perspective of law And is beneficial to the study of lawyer's legal practice.In this paper,through a large number of practical research concluded that the lawyer is entrusted by the parties to maintain or increase the legitimate interests of the parties to the professionals,whether litigation lawyers or non-lawyers,the practice of thinking activities center is "the interests of the parties." In this context,the litigation lawyer's practice thinking is more likely to mainly include the integration of thinking,solid thinking,evidence thinking,regular thinking and reverse thinking,which mainly presents a systematic,confrontational,procedural,independence,rigor Characteristics,but not the lawyer more have the business interests of thinking,risk prevention thinking,regular thinking and creative thinking,showing a comprehensive,predictive,meticulous,professional and procedural characteristics.It is not difficult to find that there are many differences between litigation lawyers and non-litigants' practice thinking,but to some extent there are some similarities.Therefore,this article will be litigation lawyers practice thinking and non-litigation lawyers practice thinking specific analysis and analysis,in order to glimpse the details from the clues to help our lawyers to understand the litigation lawyers and non-lawyers practice thinking similarities and differences between the two The case can be cross-apply and other issues to help lawyers to better serve the community.
Keywords/Search Tags:Litigation lawyer, Non-litigation lawyer, Legal thinking, Practice thinking, Litigation business, Non-litigation business
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