Study On The Problems And Countermeasures Of Lawyers' Legal Practice

It has taken a long time and a complicated process to establish the system of China's legal,the history of the lawyers' practice is difficult and twisting also.In the background of promoting to construct the rule of law in our country,lawyers' practice is the inevitable requirement of the society' legalization.But focusing on the present,the legalization of the lawyers' practice has not been fully realized,there are problems to be solved,no matter in the subjectivity or the objectivity.Oriental culture is different from the western,due to the difference of the culture,the development of lawyer and lawyer system in China is different from the West all the time.Essentially,the lawyers and the system in our country are exotics.To research the perfection of the lawyers and the system,we inevitably need to understand the origin and development of the western law system,also to the history and evolution of our lawyers.And from controls with history,we can dig out the modern value of lawyer's practice in accordance with laws."Lawyers act according to law" is not a slogan,it's the legal standards of practice.From the view of the contents of the legal relation,lawyers are involved into three categories: rights,obligations and responsibilities.To achieve development of the lawyers' industry and the construction of the social rule of law,the most basic requirements to the law is clear,complete.However,there are a lot of specification of law in our country,and so as to the legal provisions,but,the problem is not completely solved in reality.From the two aspects of subjectivity and objectivity,we can summarize the problems and difficulties what our lawyers are facing with.One is the phenomena of lawyer practicing contrast to the law;another is the person concerned make the lawyers can't practice according to law.Of course,this kind of division may be not necessarily scientific,but can sort out the problem clearly.In this paper,i reveal the problems with the cases and data as far as possible,and strive to a comprehensive and coherent analysis.With the subjective and objective induction method as the foundation,I put the article into three parts: the imperfect of the lawyer industry itself,defects in the system environment,related resistance from social environment.It's the foothold and the center to come out with some countermeasures and suggestions for lawyers' practicing according with the law.Combine with the reasons,this paper puts forward some countermeasures and suggestions.First of all,lawyers must focus on improving the qualities of the legal profession;Second,lawyer system environment must be adjusted;and then,the improvement of social environment should get some changes.Only in this way,"lawyers' practicing according to law" can be realized from the individual to the system.