The Theory Of Lawyer Practices About Grading And Classification

On the national work conference on lawyers in August 2015,Meng Jianzhu,the secretary of political and legislative affairs committee clearly mentioned that: "for the newcomer to lawyers in criminal cases,we can explore the reform of classification to defend in court".The news has just been raised,it triggered a heated debate in the community.The same year in November in the Guangzhou lawyer industry forum,Chen Weidong,the professor of Renmin University of China Law School,pointed out that: In the future,professional grading system will be considered in the reform of lawyers,and it may place restrictions on practice of lawyers in court.This is for the sake on a clear distinction between the business lawyers fees,a measure of the qualification of lawyers in court,and affirming the grading of lawyers.However,the conception of grading industry strongly opposed was strongly opposed.Secretary Meng Jianzhu stressed the conception again at the January 12,2017 meeting of the political and economic work.He said that: "we will carry out a pilot trial to improve the quality of defense agency." It can be seen that the implementation of the trial system of lawyers grading system seems imperative.In my opinion,due to the development of lawyers,differences in the capacity of lawyers is true nowadays.If we take active actions to grade the lawyers,the current situation of ability difference will be improved.There is a legal basis for grading,but no for appearance in court.Considering the situation of development of lawyers in China,specialization is the trend and the classification of lawyers practice seems to be more effective in the reform of the lawyer system.What we could do is to make lawyers divided into litigation lawyers and non litigation lawyers,litigation lawyers are eligible to accept the commission to provide legal services in intermediate court and above as criminal defendant,to achieve a clear division of labor lawyers.We can evaluate the ability of different types of lawyers,especially for litigation lawyers to divide them into the general or the senior,but should not be used as a reason for limiting the appearance of lawyers in court.Study on the classification of lawyer court mechanism,is not just to help protect the interests of the relevant parties,but also suitable for the development direction of specialization,contributing to the construction of lawyers,legal services market,improve the quality of legal services.I wish that the article could provide some reference for the development of lawyer system.The first part mainly summarizes the overview of the grading and classification of lawyers.It covers the basic connotation,the proposed practice,the controversial and practical exploration of the practice of lawyers grading.At the same time,this part also to define the basic meaning of classification of lawyers practice,sum up the current situation of the classification of lawyers practice in our countryThe second part is a comparative analysis of the classification and grade of lawyers,sums up the practice of the implementation of the classification of lawyers and the value of the practice of the classification of lawyers were interpreted.Through the research,we find that the lack of legal basis,the violation of the legal service market rules,the actual operation difficulties,the compression of the young lawyer's growth space and other defects make it difficult to implement the grade of lawyers in our country.However,the practice of lawyers classification is indeed benefit to the overall development for every party.To this end,I look forward the idea of building a lawyer's practice,in order to achieve the maximization of the value.The third part is the introduction of the situation about the classification of lawyers in foreign countries and regions,and through the investigation of the extraterritorial practice,we can summary the inspiration to our country for the reform of lawyers.It can be found,on the classification of lawyers,that: there are great differences between the common law and civil law countries,even the same type of lawyer law countries,they still have many differences,this practice classification differences lead to differences of different types of lawyer's function.Throughout the world,the implementation of litigation and non litigation practice classification of countries and regions are not common,mainly British and Commonwealth countries and the Hong Kong Special Administrative Region of China,the common law country,such as the United States is not divided into litigation lawyer and non litigation lawyer,it mainly divide their lawyers into public lawyer and private lawyer in accordance with the standards of public and private.The fourth part focuses on the objective necessity and realistic possibility of the full implementation of the classification of lawyer practice mechanism.In the aspect of the necessity,mainly for professional services,maintenance for the rights and interests of the parties,and to enhance the scientific management needs;in terms of feasibility,the access of lawyers,scale development of lawyers,the implement of judicial reform,and the successful demonstration of extraterritorial were facilitated.This further strengthened the lawyer classification practice mechanism in china.The fifth part puts forward ideas and offer some proposals on how to make the classified practice system effectively.Firstly,we should make the design of classification system effective.Secondly,it is necessary to perfect the relevant supporting mechanism,from the legislation,education,admittance,training and other aspects,for the implementation of the classification system of practice.Finally,we need to deal with the relationship among the classification of lawyer,the rating of litigation and enter to the court.Although there is no clearly defined in the law for the classification of lawyer in China,but with the benefit of the grading of lawyer,we could promote the classification system for our country,in order to realize the scale,specialization,products development of the legal profession,make lawyer system reform more smooth.