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On The Perfection Of China's Public Lawyer System

Posted on:2021-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:B J ZhaoFull Text:PDF
GTID:2416330620969273Subject:legal
Abstract/Summary:PDF Full Text Request
The establishment of a public lawyer system is a necessary measure to promote the government's administration according to law and the construction of a government ruled by law,and it is also an important link to guarantee the government's strategy to govern the country according to law.The pilot work of public lawyers has been carried out in Shanghai Pudong New Area since 1995,and has been carried out successively in Guangzhou,Xiamen,Yangzhou and other places.Up to now,the pilot work of China's public lawyer system has been gradually carried out nationwide,and great results have been achieved.The establishment of the public lawyer system has played a positive role in promoting government administration according to law.However,there is no doubt that there are some problems and deficiencies in the actual operation of the current public lawyer system in China.It is these problems and deficiencies that restrict the effective functioning of its system.Therefore,this article has made a positive and beneficial discussion on the improvement of China's public lawyer system.This article is divided into four parts.The first part expounds the general theory of the public lawyer system.First,the author will start with the concept of public lawyers,and on the basis of understanding the concepts,introduce the relationship between government lawyers,government legal advisers,legal aid lawyers and public lawyers.Then,by introducing the meaning,basic content and characteristics of the public lawyer system and the significance of contemporary rule of law in order to solve the theoretical basis of the public lawyer system;the second part introduces the development overview and current operating status of the public lawyer system in China.This paper discusses several typical models of the function of public lawyers and the pilot work in detail,so as to lead to the content of the third part of the main chapter of this article,that is,the problems in the operation of the public lawyer system in China.This part mainly analyzes in detail from the insufficient legal support for establishing a public lawyer system,the shortcomings of the management system,the conflict between the public lawyer and the legal institution,the plight of the public lawyer's practice rights,and the imperfect accountability mechanism of the public lawyer.On the basis of the second and third parts,the fourth part will focus on actively exploring how to perfect our country's public lawyer system.The authormakes practical suggestions by drawing on the experience of mature foreign countries ruled by law and combining with the actual situation in China: first,to strengthen the legal support of the public lawyer system;second,to improve the management system of public lawyers;third,to clarify the organizational structure To rationalize the division of labor among various agencies;Fourth,establish a system for the relief of public lawyers' practice rights;Fifth,improve the accountability mechanism for public lawyers.
Keywords/Search Tags:Public Lawyer, Function Orientation, Problem Analysis, System Improvement
PDF Full Text Request
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