Research On The Punishment Of Lawyers' Violations Of Laws And Regulations

The punishment of lawyers' violations of laws and regulations is an important responsibility shouldered by the justice administrative department and bar association.Lawyers who commit violations of laws and regulations in the practice of activities should bear corresponding adverse consequences,which may be criminal punishment or administrative penalty or industry disposition.The three can be overlapping.Under the "double rail" management model,bar association is responsible for the industry disposition of lawyers' violations,and the justice administrative department is responsible for administrative penalties for lawyers' illegal acts.In specific practices,there are still some problems and deficiencies in the punishment of lawyers'violations of laws and regulations.This article analyzes the cases of administrative penalties and industry disposition of lawyers' violations of laws and regulations from 2008 to 2015 in A city,and compares the procedures of the bar associations and the justice administrative departments in handling complaints disputes in specific practices.Compare to the disciplinary system of American Bar Association,seek methods to improve the punishment of lawyers' violations of laws and regulations.Standardize the lawyers' complaints and investigations of our country.The first part combs the relevant rules of China's lawyers in violation of laws and regulations.The second part combines the cases of industry disposition by bar association and the cases of administrative penalties by the justice administrative department in A City,particularly analyses the status of the punishment of lawyers' violations of laws and regulations in the practice of activities.The third part briefly describes the disciplinary system of lawyer in the United States,and analyzes the special provisions about the disciplinary system of lawyer in the United States,then present us its use for reference.The fourth part briefly describes the status quo,existing problems and deficiencies in lawyers' violations of laws and regulations in our country,and puts forward suggestions for improving the punishment of lawyers' violations of laws and regulations in China.