Research On The Public Lawyer System In China

The public lawyer system has entered the exploratory stage since 1990 s.After more than 20 years of pilot exploration.There are some distinctive practice modes such as "Guangzhou model" "Yangzhou model" "Xiamen model" and "Zhoucun model".However,the reform of the public lawyer system is not plain sailing.Because the legal status of public lawyers is not clear,their rights and responsibilities are not uniform,their management systems are not perfect,and their functions are not independent,etc.,the construction and improvement of the public service system has always been questioned,which can be described as a difficult development process.After the fourth plenary session of the 18 th CPC central committee,the public lawyer system was put on the reform agenda again,and the public lawyer system ushered in the new era of reform.The author starts with the concept definition and institutional characteristics of the public lawyer system,attempts to thoroughly explore the problems existing in the public lawyer system in China,and analyzes the reasons.The author also learns from the experience of the United States and Hong Kong by the perspective of the comparative law,to make concrete suggestions for the system of public lawyers in China.This article is divided into six parts.The first part mainly describes the background of the public lawyers research,sums up the existing research results,introduce the content and structure of this article.The second part is an overview of China's public lawyer system.It mainly discusses the historical development of the public lawyer system in China,the normative analysis of the public lawyer system in China,and the summary of local practice.The third part is the existing problems and reasons of the public lawyer system in our country.It mainly discusses from the aspects of the unclear legal status of the public lawyers,the inharmonious rights and obligations,the unsound management system and the independence of performing the functions.The fourth part is the experience of the public lawyer system in the United States and Hong Kong.It mainly explores the history of the development,the qualification,the role positioning,and the management system of the public lawyer system in the United States and Hong Kong.The fifth part eliminates the suggestions for the improvement of the public lawyer system in China.It mainly consists of four aspects,namely,clarifying the legal status of public lawyers,improving the rights and obligations of public lawyers,improving the management system of public lawyers,and giving public lawyers the right to independent practice.The conclusion part summarizes the topic,significance and limitations of this study.