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Research On The Developmental Pattern Of Public Service Lawyer System

Posted on:2019-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZhangFull Text:PDF
GTID:2416330548452101Subject:Law
Abstract/Summary:PDF Full Text Request
In 2014,the Fourth Plenary Session of the 18 th CPC Central Committee put forward “Building Social Lawyers,Public Lawyers,Corporate Lawyers,with Competent Advantageous and Structured Lawyers”.In June 2016,the General Office of the CPC Central Committee and the State Council's General Office issued the“About Law Implementation”.The "Advisory System and Opinions of the Public Lawyers System"(here in after referred to as the "Implementation Opinions")clearly put forward the goal of establishing a public service lawyer system.It can be seen that the development and improvement of the public service lawyer system in China has been put on the agenda of the country.Since the concept of "public lawyers" was first proposed at the National Justice Department(Bureau of Justice)meeting held in Beidaihe in August 1994,various localities have conducted explorations of the construction of the public service lawyer system and formed a Corresponding development model.However,public lawyers who have been through so many years of trial work have not formed a unified construction model of the public service lawyer system,and there are still many problems in the process of constructing the public service lawyer system,which cannot realize the original intention of establishing the public service lawyer system.Therefore,research is conducted on the construction model of the public service lawyer system to clarify the role orientation,institutional setup,management system,talent sources of public service lawyers,form a unified model for the construction of the public service lawyer system,and establish a public service lawyer system as soon as possible to realize the establishment of public service lawyers.The original intention of the system and the full play of the role and function of the public lawyers are of great significance.The structure and ideas of the article are as follows:The first part mainly elaborates on the necessity of constructing a public service lawyer system in China,and clarifies that establishing a public service lawyer system in China is a requirement for the construction of a law-based government in our country and an inevitable requirement for the development of a market economy.Therefore,Provide a theoretical basis.The second part mainly elaborated the typical models of public-service lawyers in China,including the "Yangzhou model," "Xiamen model," and "Guangzhoumodel." These models were reviewed and analyzed to provide an explanation of the establishment of the public service lawyer system in China.The problems that existed in the above laid the foundation.The third part elaborates the problems existing in the construction of the public service lawyer system in China,and clarifies the problems in the development of public service lawyers in China,including the lack of a clear legal basis for public service lawyers,the unclear positioning of public service lawyers,and the lack of talent sources.Unification,the scope of duties of public lawyers overlaps with the functions of governmental legal institutions,and the roles and functions of public lawyers have not been fully utilized.The fourth part is related to the development of public lawyers outside the domain,combined with the problems existing in the process of constructing public service lawyers in China,drawing lessons from the reasonable components in the development of public lawyers outside the country,and proposing a construction model of the public lawyer system consistent with China's national conditions.
Keywords/Search Tags:Public lawyer, Construction model, The government under the rule of law, Management system, Independence
PDF Full Text Request
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