Research On The Guarantee System Of Lawyer's Practice Right In The Republic Of China

As an imported product,the lawyer system is the product of the legal system reform in modern China.In Traditional Chinese society,people who pretended to be legal professionals,wrote pleadings on behalf of others,and provided legal help to other people,were known as pettifoggers.Pettifoggers appeared in the spring and Autumn Period,after many dynasties,they prospered and developed in the Song Dynasty,and developed to the peak of feudal society in the Ming and Qing dynasties.Due to the influence of Chinese traditional legal culture,successive rulers have taken various means to suppress pettifoggers.Although ordinary people had the demand for pettifoggers to provide legal services in civil society,pettifoggers were actually in the "powerlessness"status in the whole feudal society.The late Qing Dynasty,under the double pressure of external stimulation and internal demand,the Qing government set off a wave of transformation to recover consular jurisdiction through the revision of the law,in order to save the rule of Qing Dynasty.In the process of the revision of the law,the lawyer system has entered the view of the legislator.From the introduction of the lawyer system in the late Qing Dynasty,to the establishment of the lawyer system in the period of Beiyang government,and to the development of the lawyer system in the period of Nanjing national government,with the continuous development of the lawyer system,the guarantee system of practicing rights of lawyers who are the beneficiaries under its system has finally been formed.There were legislative guarantees,such as the 1936 Code of Civil Procedure and the Code of Criminal Procedure,which made detailed provisions on the content of lawyers 'right to practice,so that lawyers could have a legal law in the process of practice,and there was also protection from the Bar Association.As a lawyer in the voice of civil society,when the right of lawyers to practice has been violated,his mission played an important role in upholding the right of lawyers to practice,and there was more effort from the lawyer himself.In order to better fulfill his duties as a lawyer and achieve social equity and justice,lawyers were also constantly wandering before and behind the courts to fight for the right to practice.It is under the action of this kind of multiparty force that the practice right of lawyers in the period of the Republic of China has been guaranteed to a certain extent.However,due to the influence of Chinese traditional legal culture,as well as the dictatorship of warlords and judicial corruption in the Republic of China,the control of lawyers and lawyers' associations existed in law or outside the law,in practice,the violation of the right of lawyers to practice was still frequent.In the current sound of democracy and the rule of law,how to guarantee the right of lawyers to practice is still a difficult problem that puzzles the development of China's legal profession.Therefore,some practices of safeguarding the right of lawyers to practice at that time in the guarantee system of lawyer's right of practice in the period of the Republic of China still have important reference significance for the present.This paper takes pettifoggers that the existence form of the lawyer in ancient society as the starting point,combs the development course of lawyer's right of practice guarantee system in the process of introducing,establishing and developing the lawyer system from the late Qing Dynasty to the Republic of China,and from the legislation and Industry organizations and lawyers themselves in three aspects,this paper introduces the guarantee system of lawyer's practice right in the period of the Republic of China,and obtains some enlightenment on how to guarantee the right of lawyer's practice by analyzing the advantages and disadvantages of the guarantee system of lawyer's practice right in the period of the Republic of China.