Research On Judicial Review Of Disciplinary Actions Of Lawyers Associations

With the increasing number of cases of lawyers as defendants,the problems in the lawyer system regarding the management of lawyers are becoming more and more obvious.The qualitative disputes about the disciplinary behaviors of lawyers associations are becoming more and more prominent.The definition of lawyers associations and their disciplinary behaviors has been widely concerned by all sectors of society.As an important force in the construction of socialist rule of law,when using its own professional legal knowledge to help others defend their rights,how to effectively protect the rights and interests of lawyers and their related groups is an issue that needs to be discussed.In recent years,the courts' decision on the acceptance of disciplinary actions by lawyers has made a formal change in the status of lawyers and lawyers practicing lawyers.However,the final rights protection path for lawyers' rights is still litigation relief.Unable to obtain institutional guarantees,conflicting results of local court judgments,lack of guiding cases of the Supreme Court,limitations of the “dual combination” management model of the Lawyers Association and the judicial administrative organs,lack of detailed legal norms to make such groups defend their rights It is still difficult,seriously affecting the healthy development of the lawyer industry,and also affects the unity of the rule of law in the country and the seriousness of the judiciary.Therefore,the issue of judicial review of the disciplinary behavior of the Law Society is an urgent task for the study of socialist rule of law in China.By judging the existing judicial association as a defendant's judicial case,different courts have very different criteria for the disciplinary behavior of the lawyers' association.In response to the disciplinary action of the lawyers app-lying for lawyers' practice interns,many courts of first instance found that they were not subject to the scope of administrative litigation,and the court of second instance dismissed the ruling of inadmissibility after the appeal,and found that the disciplinary act of such law is an authorized administration.The behavior should be subject to the scope of administrative litigation;for the disciplinary actions of lawyers,most local courts have deter-mined that industrial autonomy is not subject to administrative litigation law adjustment.However,there are also a small number of courts that use the "lawyers association to disciplinary action against lawyers." The act is to perform the statutory duty,and the industry management administrative act infringes upon the legitimate rights and interests of the object of punishment.It is considered that it belongs to the administrative litigation category and should be judicially examined.The “unresolved” judicial review standards make the road to rights protection for lawyers and paralegals difficult and more prominent,highlighting the practical necessity of judicial review of the lawyers' disciplinary actions.The Lawyers Association has a preliminary trial consensus on the issue of the disciplinary behavior of lawyers practicing interns.However,due to the dual status of the lawyers association,the nature of the disciplinary behavior against lawyers is difficult to define,and it needs to be analyzed from multiple angles.From the perspective of the management of the lawyers associations in various countries,respecting the autonomy of the lawyers association and strengthening the independent protection of the lawyers association have brought important ideas to the research and analysis of this paper.The purpose of this paperis to sort out the substantive characteristics of the bar association and its disciplinary actions.At the same time,it analyzes the disciplinary behavior of the bar association's disciplinary behavior by combing relevant laws and relevant judicial cases,and gives the feasibility of the lawyer management system based on the extraterritorial experience.Suggest.