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The Role Of Lawyers In The Legal Professional Community

Posted on:2021-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:R GuoFull Text:PDF
GTID:2436330602997793Subject:Legal theory
Abstract/Summary:PDF Full Text Request
There is a saying in the law that if a lawyer is prosperous,then the rule of law is prosperous.The place where there are many lawyers is the safest.the law cannot be sound." As a member of the legal professional community,lawyers,together with public,procuratorial and legal organs,constitute an important force in the construction of the rule of law.According to Article 2 of the lawyer law,a lawyer is "a professional who provides legal services for the parties",which indicates that the service object of a lawyer is the client,that is,the parties,who should protect the legal rights of the parties within the limits of law.However,there is no unified conclusion on the role of lawyers.Because of the unclear position,the role of lawyers in judicial practice is often in trouble.In order to solve this problem,first of all,it is necessary to clarify the professional attributes of lawyers and their status and role in the legal professional community.The reason why lawyer's role is different from other legal roles is that it has four professional attributes: rule of law,sociality,independence and professionalism.In order to locate the essence of lawyer's role more accurately,this paper analyzes the role of lawyer in the legal professional community through the method of role analysis of Sociology of law,and finally determines the role of lawyer,that is,"the client's legal server".However,internal conflicts of interest,role dislocation and other legal roles' disagreement,there are many problems in the practice of lawyers,such as difficult to protect the right to practice,poor internal identity of the professional community,too tense relationship between lawyers and judges,prosecutors and so on,which make it difficult for lawyers to complete the professional mission given by law.In order to solve this dilemma and ensure the realization of the due nature of the lawyer's professional role,we can start from two angles of legislation and practice.At the theoretical level,we should perfer the defects of the role orientation of lawyers in legislation,solve the tension between lawyers and members of the legal professional community at the practical level,solve the conflicts in practice by means of rights protection,status equivalence,internal mobility,equal communication,etc.,realize the necessity of the role orientation of lawyers in the legal professional community,and establish a healthy professional community The interaction mechanism of the Ministry promotes the development of the national legal cause.
Keywords/Search Tags:Lawyer, Clegal professional community, Role orientation
PDF Full Text Request
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