Empirical Study On The Disciplinary Work Of Lawyers In A City

Disciplinary punishment work is the judicial administrative organ according to the law of the People’s Republic of China on lawyers,lawyers association,administrative rules,the all China lawyers association of industry regulatory documents the lawyer association member irregularities disciplinary rules(try out)"and other rules of illegal lawyers and penalties to create a fresh air wind are lawyers.Although legislation to punish the lawyer’s applicable conditions,methods,content and so on to make regulation,but in practice there are still many lawyers for their own interests provoke law,social morality and social interest,disciplinary punishment work in many cases does not give full play to promote the healthy development of the legal profession,its shortcomings in the running,so probing into how to perfect the disciplinary punishment work is of great significance.Judicial administrative organs of the administrative penalties of lawyers is larger,the all China lawyers association is only industry,industry under the all China lawyers association disciplinary is lawyers association according to the complainant’s complaint,after investigation to the complainant industry,to be the complainant after accepting authorization and access to legal services adversely affecting remuneration,but will not be constrained by the complainant’s personal freedom.According to the punishment rules for members of the bar association who violate the rules(trial)," when there are prescribed improper practice behaviors,lawyers and law firms shall be punished.The punishment means include reprimand,warning,public reprimand,notification of criticism,suspension of member rights,and cancellation of membership.After A thorough investigation on the punishment of lawyers in A city,this paper,combined with empirical research,case analysis and comparative analysis,studied the problems existing in the practice of the punishment of lawyers,and provided feasible Suggestions for improving the punishment of lawyers.This article is the research scope of the judicial administrative organ on the lawyer’s administrative penalty and punishment for illegal lawyer’s business under the all China lawyers association,mainly in A city,was dispose of disciplinary punishment case as the foundation of investigation and research,and the research situation of gathering data collection and analysis,so as to find out A law to punish the problems existing in the working practice and causes of the problem.Data analysis shows that there are deficiencies in the applicable conditions,procedures and procedures of disciplinary work of lawyers in A city.In addition,the reasoning of punishment decision is not sufficient.All of the above will not only affect the overall healthy development of lawyers in A city,but also affect the realization of litigants’ litigation rights.According to the research data sorting and analysis,the problems existing in the operation of the disciplinary system of lawyers in A city are not only the universal factors,but also its own special reasons.Therefore,according to the current situation of the punishment work of lawyers in A city,the feasible countermeasures are put forward.This paper consists of three chapters: the first chapter is the basic situation and data sorting and analysis of the disciplinary work of lawyers in A city,mainly including the data chart of the disciplinary accepting department of lawyers in A city,the reasoning and argumentation of disciplinary decision written by lawyers,the exercise of the discretionary power of disciplinary committee,and the disciplinary remedy path of lawyers.The second chapter to the analysis of existing problems of A city lawyer punishment work,A municipal judicial administrative organ according to the data analysis,the all China lawyers association in the process of disciplinary lawyer exist the following problems: to accept the department overlapping responsibilities is not clear,punishment standard not unified,to punish lawyers inadequate relief program,for A city bar association disciplinary problems such as insufficient supervision work.The third chapter is to improve the disciplinary work of lawyers in A city,the main Suggestions are: 1.Ii.Unified disciplinary standards;3.Improving the disciplinary and relief procedures for lawyers;Iv.Strengthening supervision over the disciplinary work of the lawyers association of A city.