Legal Ethics: Subject Or View

A research on Legal Ethics in China's mainland has been carried out for about thirty years, whereas the research is not so popular as most of other frontier jurisprudence, such as Sociology of Law, Economics of Law, and so on. The content of the research is mostly limited to some basic theory topics and lacks of distinctive contributions. What scholars are trying to achieve is to quickly establish a Legal Ethics of discipline pattern. They started their study with the discipline theory and obtained a mass of achievements which were lacking of novel core idea and could not meet people's anticipation. This thesis begins with the thoughts of"how to construct Legal Ethics", taking the present study situation of academic circle of China's mainland and some relevant theoretical study and practice of other region of law as the research foundation, putting forward on the basis of analyzing and criticizing that: the first causes of Chinese mainland study dilemma are mainly owing to directly"create"Legal Ethics of discipline pattern in the light of traditional discipline construction experience, neglecting the demanding of theory and practice for its coming into being, thus causing a"undervalue discipline"which lacks of distinguishing features and contribution of"knowledge increment".The title of the thesis"Legal Ethics: Discipline or Idea"implies the question and the answer towards the construction pattern, advancing that Legal Ethics should respond to the real demand of theory and practice in order to go out of the dilemma, ascertaining the unique core idea of Legal Ethics, then, constructing the discipline after forming the systematic theory, and going on a road of"First Idea and then Discipline".From the angle of choosing the title, the introduction of the thesis talks about the value of the title choosing, research aims, innovation points, and so on. It is trying to display the thoughts which are behind the specific content of the thesis to the readers, provide a background to the research of the thesis, and help the readers to better understand the specific content arrangement and their relationship. The body includes four parts and eight chapters. The concise abstracts are as follows.The first part is about the introduction and analysis to the already existed research achievements, collecting the statistics, analyzing and criticizing the research achievements of Chinese mainland Legal Ethics, introducing the Legal Ethics'study and practice of other region of law and comparing them with Chinese mainland. It includes the first chapter"The Criticism of Present Legal Ethics Study Status of Chinese Mainland"and the second chapter"Legal Ethics of Other Legal Region". On the basis of statistic analyzing towards the mainland's present status study, the first chapter aims at three big issues which are discussing most intensively by the present academic circle, describing and analyzing the dilemma which the mainland Legal Ethics are facing. The second chapter turns its eyes on the Legal Ethics'study and practice, and the highly developed level of American Legal Ethics'practice. Then, from the angle of comparative law, it compares these two models with the mainland research, which will give some references to the improvements of mainland's Legal Ethics.The second part is the further continuation study of the melody tune"breaking"in the first part, and trying to"establish"a brand-new construction pattern of Legal Ethics. It includes the third chapter"Another Approach of Creating Legal Ethics"and the fourth chapter"Legal Ethics as a Sort of Idea". Among them, the third chapter is the further continuation study of chapter one and chapter two, fully analyzing the causes behind the study dilemma of mainland Legal Ethics; The fourth chapter is earnestly practicing the theory of"establishing"which is advocated by chapter three, explaining the historical setting of Legal Ethics as a sort of idea and defining the core idea of Legal Ethics. It fulfils the comparison between the idea of Legal Ethics and three western big legal thoughts through the five questions raised by Pound and the analysis of the interaction of thoughts and historical setting.The third part includes chapter five"The Studying on Legal Ethicsâ… :from the Angle of Revising the Existed Theory", chapter six"The Studying on Legal Ethicsâ…¡: from the Angle of Analyzing the Social Problems", and chapter seven"The Studying on Legal Ethicsâ…¢: from the Angle of legal professional". This part puts the core idea of Legal Ethics into the already existed theory, the social hot spots and the ethic of legal professional, letting the seed of core idea bourgeon in the above three fields. This is the first step of Legal Ethics transition from the idea to the discipline.The fourth part is chapter eight"Legal Ethics as a Discipline". According to the basic viewpoints of the thesis, the discipline pattern of Legal Ethics is evolving from the ideology pattern. Under the circumstances that the ideology pattern can not provide enough materials and do not have clear train of thoughts, the discipline pattern will not have the forming conditions, therefore, this part is actually the conceiving of Legal Ethics in the future maturity stage. It talks about some topics of essential meaning for discipline, such as the legitimate existing of Legal Ethics, the definition of discipline, the objects of study, the adscription of discipline, the style, and so on. Then, it puts forward the basic conceiving of the system of the discipline content.