Study On The Power Of Disciplinary Lawyers In China

Law-based construction is an important guarantee for maintaining social fairness and justice,realizing the people's position as masters of the country and ensuring social harmony and stability.Our party has always attached great importance to the construction of the rule of law,and the level of state rule by law has been constantly improved.As defenders of the law,lawyers have been developing and growing in the process of rule of law,and their relationship with the people has become increasingly close.However,when we see that lawyers play a great role,we should also see that lawyers in the course of practice there are violations of law and discipline,or even serious damage to the legitimate rights and interests of the parties.Therefore,the punishment of lawbreaking lawyers has become the focus of people's attention.The disciplinary system of lawyers in China has undergone many reforms,and the disposition and content of disciplinary power have also changed.The disciplinary work is no longer solely the responsibility of the judicial administrative organs,and lawyers' associations also actively participate in the disciplinary work,giving play to the advantages of professionalism and efficiency in the disciplinary process.In the form of decentralization,the dual subject and "dualization" mode of punishment strengthens the restriction and balance of power to a certain extent and ensures the fairness of punishment results.However,compared with other countries,China's bar association is weak in power and has not given full play to its autonomous function,which makes it easy to become a subordinate to the judicial administrative organ.Academia and successive governments have repeatedly study on this issue,also put forward many new improvements,in 2018,the Ministry of Justice issued "about to establish and perfect the lawyer's opinions on rights of disciplinary system mentioned to clear responsibilities and division of labor between disciplinary subject,both to manages concertedly,each have emphasize particularly on,lawyer jointly promote the orderly development of the industry.However,there are still many problems in the punishment work of lawyers in our country,which need to be solved in a reasonable way.In view of the early start of foreign lawyer system,the punishment power of lawyers is mature and perfect.Therefore,the study on the punishment power of foreign lawyers can help us to have a deeper understanding of the subject,object,application scenarios and advantages and disadvantages of different models of the punishment power,andalso provide theoretical basis and case samples for the study of the punishment power of Chinese lawyers.On the basis of analyzing the punishment power of foreign lawyers,this paper analyzes the value of exerting the autonomous function of lawyers' association from the Angle of constitution,administrative law and social law,and analyzes and compares the different punishment modes of lawyers.Secondly,by reviewing the development process of the disciplinary power of lawyers in China,this paper summarizes the characteristics of the disciplinary power of lawyers in different periods in China,and introduces in detail the basic situation of the current mode of disciplinary power of lawyers in China and the reasons for its choice.Thirdly,combining with the current development of the lawyer industry,the author makes a comparative analysis of the problems existing in the power allocation,the content of the disciplinary power and the external supervision of lawyers in China.Finally,based on the development status of the industry,the author tries to put forward solutions with Chinese characteristics that are in line with China's national conditions,so as to realize our expected vision--the judicial administrative organs should macro-regulate the lawyers' industry,and the lawyers' association should give full play to its autonomous function.