Research On The Perfection Discipline System Of Lawyers In China

Constructing a sound lawyer punishment system is conducive to the standardization of lawyer management in our country,the execution of punishment for lawyers,the orderly development of the lawyer profession,and plays a significant role in promoting the popularization of the rule of law in our country.Under the prospect of promoting the development of China’s law-based society,lawyers are an important force to accelerate the construction of law-based society,and also the cornerstone to consolidate the achievements of the construction.In the political guidance of comprehensively promoting the rule of law in our country,the Chinese government has put forward further requirements for the management and construction of the lawyer profession and aims to rectify and dispose of the outdated conventions and bad habits,with a purpose of continuously improving the lawyer punishment system.Therefore,facing the current social situation in China,it is indeed necessary to take the initiative to systematically and comprehensively study all aspects involved in the improvement of the lawyer punishment system,effectively solve the existing and potential problems,and promote the gradual improvement of the lawyer disciplinary system.This article first gives an overview of China’s lawyers disciplinary system,from the concept of the disciplinary system,the nature of disciplinary power,the value orientation of the disciplinary system,the evolution and current situation of the disciplinary system,and the brief description and analysis of advantages and disadvantages of extraterritorial disciplinary system.By analyzing and comparing relevant provisions of the lawyers’ disciplinary system in other countries,we can see that there are great problems in the current situation of China’s lawyers’ disciplinary system.The distribution of disciplinary power is unscientific,and there are judicial administrative organs with too much authority in lawyer punishment,while the lawyers’ association with weak disciplinary authority has not played its due effect.In the specific punishment practice,the setting of disciplinary procedure is unreasonable,which is mainly manifested in the problems of single disciplinary participants,the lack of transparency of disciplinary procedure and disciplinary supervision mechanism.In terms of the punishment ability of the lawyers’ association,due to the restraints from internal and external factors,the lawyer’s association lacks deterrence in the punishment of lawyers’ illegal acts,and the punishment intensity is small and the restraint is weak.In the aspect of punishment relief,the mechanism is not sufficient,so it is necessary to expand the ability of multi-channel relief.Based on the existing problems of lawyers disciplinary system with Chinese characteristics,this paper puts forward corresponding reform suggestions: scientific distribution of disciplinary power,clear division of lawyers disciplinary subjects,including the determination of their respective responsibilities,supplemented by reasonable management;strengthening the disciplinary functions of lawyers’ association,bring its role into full play;constructing of a complete disciplinary system,in view of the current situation of disciplinary procedures,from the transparency of disciplinary procedures,supervision mechanisms and other aspects of the disciplinary process;smoothing the way of punishment and relief,improving the laws and regulations,strengthening the standardization of judicial procedures,and improving the review mechanism.