Research On The Discipline System Of Lawyers In China

In our country,the team of lawyers is an indispensable and important legal power under the leadership of the party to build a socialist country under the rule of law.In an era of comprehensively advancing the rule of law,the Central Government has increasingly attached importance to the management and construction of the legal profession.The Fourth Plenary Session of the 18 th CPC Central Committee clearly stated that it is necessary to attach importance to and punish bad practices in violation of relevant laws and regulations,and that both the exit mode and the access system should be improved,at the same time,in practice,supervision and review of the practice of the lawyer industry are strengthened to ensure that their behavior is in line with the requirements of standardization and professionalism.Therefore,it is very necessary for the overall regulation and management of the lawyer industry and to promote the systematic and comprehensive improvement of the relevant disciplinary regulations.The indispensable part of the management system for the lawyer industry described here is the content of the disciplinary aspects of lawyers.Although disciplinary action is not the purpose of management,the realization of management goals requires a sound disciplinary system to maintain it.Without disciplinary measures,management does not have deterrence,and it is difficult to achieve the purpose of management.This article uses normative analysis,comparative research,and empirical analysis to conduct research.The logical way of thinking is: First,analyze the three main elements of the main body of lawyers in China,the types of lawyers' disciplinary actions,the procedures for the punishment of lawyers,and relief.In drawing lessons from the investigation,analysis and comparison of the provisions of the lawyers' disciplinary system in the United States,Britain,Germany and other countries,and in the Taiwan region of China,It is not difficult to find that the disciplinary system of lawyers has shown many defects in the practice of our country.For example,in the main disciplinary bodies,the judicial administrative organs have too many disciplinary rights,lawyers' associations have weak punishing powers,and the organization of punitive agencies is not perfect.In the specific punishment practice,the scope of work of the Law Society often cannot be clearly distinguished from the scope of work of the judicial administrative agencies in this area.There are conflicting situations in the punishing power of the two parties,and the allocation of their functions is not perfect;There are procedural issues such as procedural opacity,severe deadlines for disciplinary procedures,lack of multi-party participation mechanisms,etc.in the disciplinary process;There are lack of judicial remedies in the remedy mechanism of lawyers' disciplinary action,and the lack of independence of the review agency in the disciplinary procedures of lawyers' associations.In order to establish and improve a lawyer disciplinary system that suits China's basic national conditions,the advantages of the "two-combination models" of judicial administrative organs and lawyers' associations should be maintained and brought into play in accordance with China's basic national conditions;At the same time,while ensuring that the judicial administrative authorities punish and lead,professional functions of the lawyers' associations should be fully utilized.The ways to construct a socialist lawyer discipline system with Chinese characteristics are: To establish a clear and reasonable lawyer disciplinary body,including the establishment of a reasonable disciplinary structure,and strengthen the autonomy function of the lawyer industry association;Redefine the types of disciplinary actions of the two agencies,strictly limit the types of disciplinary actions in judicial administrative organs,improve the types of disciplinary actions of the Bar Association,and provide a new “two-combination models” in which lawyers' associations fully play their role,that is,management tends to guarantee the power of self-management of the bar associations.At the same time,the judicial administrative authorities can effectively supervise the lawyer's practice;Improving the procedures for lawyers' disciplinary action,including setting up a lawyer to punish multi-party participation procedures and clarifying the deadlines for disciplinary proceedings;Promoting judicial remedies for lawyers' disciplinary action includes building a judicial remedy mechanism for lawyers' disciplinary action and improving the review mechanism for lawyers' disciplinary action.