A Study Of The Lawyer System In Hunan During The Republic Of China

On August 15,1912,the Hunan Judicial Department promulgated the Provisional Rules for Defenders in Hunan Province,which is the first relevant law for lawyers in Hunan Province.It stipulates the qualifications,examinations,logins,duties,duties,groups,remuneration and punishment of defenders,and is relatively complete.In the early period of the Republic of China,warlords fought in a scuffle.In order to protect themselves,Hunan took the lead in the autonomy of the joint provinces,formulated the provincial constitution and put it into practice.During the period of provincial autonomy,many local lawyer systems in Hunan came into being.After the Northern Expedition,Hunan was under the jurisdiction of the Nanjing National Government,during which the lawyer system formulated by the state dominated.At the end of the Qing Dynasty,Western civilizations forced the opening of the country,and consular jurisdiction brought the lawyer system into the vision of the Chinese people.In order to abolish consular jurisdiction,the Qing government began to introduce advanced western legal system,among which the lawyer system was included.During the period of the Republic of China,Hunan's political situation was turbulent,and Hunan provincial government changed frequently.As a part of the judicial system,the lawyer system also complied with the requirements of the current situation.The lawyer system in Hunan during the Republic of China was the absolute representative of the lawyer system in the period of provincial autonomy.It has two characteristics.One is that the autonomyof local lawyers is gradually shrinking.From the Provisional Rules for Defenders in Hunan to the formulation of relevant laws and regulations for lawyers in the period of "autonomy of joint provinces",to the full adoption of laws and regulations for lawyers formulated by the state,the autonomy of the lawyer system in Hunan is gradually losing.Second,lawyers infiltrate many corners of the judiciary.Examples include that the Association of Prison Institutions must have a representative of the Bar Association,and that the President of the Changsha Bar Association is a member of the Judicial Officer Qualification Review Committee.The enlightenment of Hunan lawyer system in the Republic of China has two aspects.Firstly,we should attach importance to the training of judicial talents.Lawyer industry is a recognized elite group,and attaching importance to the training of talents is an important cornerstone of the development of lawyer profession.Second,lawyers should actively participate in legal aid and promote the construction of legal aid system.Hunan's lawyer system in the Republic of China was outstanding in legal aid.It is the duty of lawyers to promote social equity and justice.Active participation in legal aid is the performance of fulfilling their duties.