A Study Of China’s Lawyer System In The Perspective Of Constitutionalism

The lawyer system is an important component part of a country’s democracy and legal institutions, also has an extremely vital role for the constitutional construction. This article based on the vision of constitutional construction, which has been paid more comprehensive analysis on the lawyer system in constitutional construction. Points out the problems of lawyer system in our country, and then put forward some improvement suggestions, looking forward to establish at the practice of constitutional construction of socialism, to set up the lawyer system with Chinese characteristics.The article is divided into four chapters:The chapter one analyses the constitutionalism orientation of the lawyer system, points out the lawyer system has been played an important role in the constitutional construction, including due process of law, the basic civil rights protection, state power constraints,civil society cultivation and so on, furthermore, to clarify the basic question of the article.The second chapter from two aspects to introduce Chinese lawyer system, which were the changes of Chinese lawyer system history and comparison of Chinese and foreign lawyers system, not only illustrates the development track of our lawyer system, but also through comparison of the lawyer system in Western countries, points out that the strengths and weaknesses of our lawyer system, so find out the reform and development direction of our lawyer system.The third chapter gives an comprehensive analyses the present situation of our country’s lawyer system, and had been described in detail of the system. Including the combing specification of the rule of law of lawyers, the overall scanning of lawyer system function, the lawyer’s autonomy and external management, lawyer rights and relief etc, in order to find out the crucial reason of unsuccessful development in our lawyer system.The fourth chapter based on the view of the construction of socialist constitutionalism, to aim at the existing problems of our lawyer system, and then puts forward some perfecting suggestions, including to improve legislation, to enhance the institutional arrangements, to reform the lawyer’s management system, to establish the conversion system of legal professional qualification, to improve the practice environment, etc.