Research On The Professional Integrity Of Lawyers

Integrity is an essential character for a person to exist in society.When people's rights are abused,they generally ask lawyers for help.Thus,the integrity of a lawyer will determine whether citizens can get sufficient relief.In recent years,the ministry of justice has announced some punishment of the lawyers who are dishonest or without standard practice,which indicates that the problem of lawyer's professional integrity is serious.It not only caused damage to the rights and interests of the parties but also made the profession of the green bag questioned by the public.The problem of lawyer's professional integrity is related to the protection on the legal rights and interests of the parties,the sustainable and healthy development of the green bag,as well as the progress of legal construction.When we discuss the professional integrity of lawyers,it is necessary to make a theoretical definition of the professional integrity of lawyers.Lawyer's integrity is the integrity closed to the profession,which has its distinct professional feature.The two responsibilities of lawyers defend the rights and interests of the clients and achieve the equity and justice in society.In some cases,however,the two responsibilities may have some conflicts.Therefore,the evaluation of lawyers' professional integrity cannot be only measured by the public's " all-ornone thinking" moral standard.In practice,some lawyers who don't follow the practice specification,often use the concept of professional ethics to defend themselves.But lawyers should be responsible for the moral attraction of the whole legal practice as well.Based on the above reasons,the paper will differentiate and criticize the concept of lawyer standards.While studying the present situation of lawyers' professional integrity in our country,we should pay attention to the measures standardizing the practice behavior of lawyers which are taken by developed countries and regions.Therefore,the paper reviews the legal professional integrity-related systems that have been carried in the United Kingdom,Germany,as well as the China Taiwan region.Through the methods of comparative analysis,the study has concluded that the current access system,supervision system and disciplinary system of lawyers in China need to be improved.The specific manifestations of these problems are the lack of strict access system for lawyers,the formalism of pre-post training system for lawyers,and the failure of the autonomous organs of lawyers who are supposed to play a full role.In the process of solving the problem on the lawyer's professional integrity,we should attach importance to the role of self-governance organization of lawyers.The specific manifestations of the dishonest lawyers' practice in China are as follows,improperly using legal interpretation methods and taking advantages of the law on purpose,failing to fulfil their duties conscientiously and losing faith to their clients,losing faith to other lawyers because of unfair competitions,losing faith to judges and prosecutors because of unfollowing the professional criteria.By analyzing the forms of lawyer's dishonesty,this paper points out the root cause of the problem on lawyer's professional integrity,and it lies in the inherent contradictions in lawyers' profession,which is,the contradiction between the profit from providing legal services and the noble professional calling,as well as the conflict between the protection on the interests of the parties and the moral idea of the public.Moreover,the reason for lawyers' dishonesty also lies in the lack of supervision over practice behaviors of lawyers,which is embodied in the fact that administrative organizations of justice undertake a mass of work on judicial administration.Thus,it makes it difficult for the limited judicial administrative personnel to effectively supervise the various lawyers in areas under their administration.After summing up the pattern manifestations and causes of the problem on the professional integrity of lawyers in China,this paper puts forward specific measures from three aspects.Firstly,from the professional ethics,we are supposed to respond positively to the inherent contradiction of lawyers' professional ethics.The focus of the positive response is to define the boundaries of the lawyer's duty and loyalty.In addition,we are supposed to improve the legal professional integrity system,including the legal professional integrity protection system and the regulatory system.Finally,due to the disciplinary power of lawyers is too concentrated,and it is relying on the power of administrative punishment.Under the circumstances,we should give full play to the advantages of the self-disciplinary organizations of lawyers and reasonably divide the disciplinary power of dishonest lawyers.