On The Institution And Practice Of Double-Track Lawyers Discipline In China

With the rapid increase in the number of lawyers in China,the state attaches more and more importance to the management and construction of the lawyer industry,especially to strengthen the punishment of lawyers who violate laws and regulations.As an indispensable legal system in a country ruled by law,the lawyer disciplinary system can effectively promote the healthy and orderly development of the lawyer industry and promote social equity and justice.Under the current management system of lawyers’ work,which combines the administration of judicial administrative organs and the self-discipline management of lawyers’ associations,both judicial administrative organs and lawyers’ associations have the power to punish lawyers.It can not be ignored that the dual-track disciplinary system of lawyers itself has many defects,its disposition of disciplinary power has always been controversial,and the system also has many problems in practice.Under this background,this paper,combining the norms and cases of administrative punishment and industrial punishment,investigates the phenomenon of dual-track lawyer punishment in China from the perspective of system and practice,probes into the main problems of dual-track lawyer punishment system and puts forward relevant reform Suggestions.The text is divided into five parts.The first part is the theoretical basis of China’s dual-track disciplinary system of lawyers.It mainly analyzes the necessity of the disciplinary system of lawyers from the perspective of safeguarding the legitimate rights and interests of the parties,and demonstrates the rationality of the dual-track disciplinary system of lawyers from the perspective of the advantages and disadvantages of industrial disciplinary system and administrative disciplinary system.The second part is the normative analysis of the current dual-track punishment system of lawyers in China.Firstly,this paper introduces the historical changes of the punishment system of double-track lawyers in China,and analyzes the process of the establishment,development and improvement of the punishment system of double-tracklawyers in China.Secondly,the author summarizes the normative characteristics of the current administrative punishment system and industrial punishment system,and mainly sorts out the dual-track lawyer punishment system in China from four aspects:disciplinary subject,disciplinary measures,disciplinary procedure and disciplinary remedies.Finally,the author sorts out the connection between administrative punishment and industrial punishment in terms of procedure and personnel negotiation.The third part is the practice investigation of China’s dual-track punishment system for lawyers.This paper mainly investigates the basic situation of the administrative punishment of lawyers and the industrial punishment from such factors as gender,practicing years and regional distribution,and investigates the operation status of the administrative punishment of lawyers and the industrial punishment from such aspects as the disciplinary subject,the cause of violation,the disciplinary procedure and the disciplinary measures.The fourth part is about the problem of the punishment system of double-track lawyers in China.Based on the standard and practice of administrative punishment,this paper analyzes the problems of inconsistent applicable standards and opaque procedures in administrative punishment.Combined with the industrial disciplinary norms and practices,this paper analyzes the problems of unclear applicable standards of disciplinary measures,unreasonable disciplinary procedures and unsound remedies.Furthermore,the author points out that there are some problems in the connection between administrative punishment and industrial punishment,such as the misallocation of power and the lack of binding force.The fifth part is the reform suggestion of our country’s double-track lawyer punishment system.In the long run,the disciplinary authority of both subjects should be reset.At present,the first step is to strengthen the macro-management and supervision of the judicial administrative organs and to strengthen the unity of the applicable standards of administrative punishment.Secondly,we should improve the industrial disciplinary system by refining the applicable standards of industrial disciplinary measures,improving the rationality of industrial disciplinary procedures and improving disciplinary remedies.Thirdly,we should reasonably allocate the authority of the two subjects and improve the disciplinary responsibility system to improve the effective connection between them.Finally,we should improve the quality of lawyers’ professional ethics from the perspective of improving the long-term mechanism of lawyers’ professional ethics construction,build a team of high-quality lawyers from thesource,and lay a foundation for improving the punishment system of double-track lawyers.