Research On Perfecting The Guarantee Mechanism Of Tianjin Lawyer’s Right To Practice

In the construction of a socialist country ruled by law,lawyers shoulder the important duties and mission of safeguarding the legitimate rights and interests of the parties,ensuring the correct implementation of the law,and promoting judicial justice,which is an indispensable and important force under the requirements of ruling the country according to the law in an all-round way.In recent years,the state has introduced a series of policies and regulations to protect lawyers’ right to practice.On this basis,local governments have also formulated corresponding local supporting documents and fully relied on information technology to promote implementation,and the lawyer’s practice environment has been significantly improved.However,in the current judicial practice,the old problem of “difficult to meet,difficult to review and difficult to obtain evidence” and the new problem of “difficult to question,difficult to cross-examine and difficult to defend” still exist in some places,and there is an urgent need for lawyers in the new situation.The situation and new problems are studied and solved to ensure that the lawyer’s right to practice is guaranteed.Based on the analysis of the current situation of the protection of the right to practice of lawyers in Tianjin,this thesis draws on the advanced experience and practices at home and abroad,and combines with the reality of Tianjin,and puts forward the specific measures to improve the protection of the right to practice of lawyers in Tianjin.First of all,based on the rights of the lawyer’s practice,the concept,origin,types,safeguard mechanism and significance are summarized on the basis of the institute of discussed in this thesis,based on the basis of the theory,namely the defendant,equality,human rights,and procedural justice theory,for the study of a lawyer’s practice problems and the protection of the rights guarantee mechanism design theory.Then,from the two levels of legislation and judicial practice,the specific analysis of the operation of Tianjin lawyers’ right to practice is carried out.At the same time,in the form of questionnaire in Tianjin lawyer’s practice investigation and analysis of the current judicial practice of the protection of the rights,analyze the teasing out the causes of deficiency of lawyer rights mainly comes from the legislative defects,lack of penalties for infringement of the rights of a lawyer’s practice,the concept of judicial personnel and lawyers own construction and so on six aspects.Finally,through the study of the provisions of the common law practice rights of several representative countries in the Anglo-American legal system and the civil law system,as well as the beneficial practices of the domestic legal rights of lawyers in Hebei Province,Guangdong Province and Shanghai,combined with the actual Tianjin,put forward specific measures to improve measures to protect the right to practice in Tianjin lawyer.