| This paper is finished in2012, the33rd anniversary of reestablishment ofLawyer System across P.R.China and the26th anniversary of establishment of ChinaBar Association, which embodies certain historical significance. Through last years,Chinese lawyers has been dedicated to protecting rights, enforcing law and realizingsocial justice with great achievements. Supervision of lawyers is now beingchallenged by undergoing economical and social evolvements with reflection onadaptation of present regulations of lawyers in newly organized paradigm. Thus thispaper is focusing on the characteristic DUAL-COMBINATION ADMINISTRATIONof China Lawyers and comparing between Anglo-Saxon and Continental Lawyersystem from the perspective of legal nature of bar association, and it goes further onthe problems and causes of lawyer profession to provide constructive suggestions.The first part has a full overview on the panoramic history of lawyeradministration in China from its birth in early1990s to its reestablishment in the wakeof Opening and Reform, then to its fast-developing period nowadays. It can beconcluded that our lawyer administration is pushed chiefly by the state instead oflawyer themselves. To make the point clear, the notion, characters and responsibilitiesof bar association are analyzed by adopting legal person theory in company law.The second part has taken a research on the different lawyer management systems in Common law and Continental law. Due to diversity in national conditions,there are in total three types of management over the world:1. self-discipline inprimary by lawyer organization cooperated with judicial supervision, such as inGerman and France,2. self-discipline by lawyer organization combined with Courts’inspection, like in America, U.K., and3. wholly self-discipline by lawyer organization,as in Japan. One thing in common is the great power endowed to bar association inself discipline.The third part has turned to the30-year development of China lawyer professionsince the reappearance of lawyers in1979, showing various problems occurring suchas unacceptably low threshold for acquiring lawyer certificate, great disparity betweendifferent levels of lawyers, imperfect discipline rules, deficiency in present DualCombination Lawyer Administration like ambiguous relation between self disciplineand judicial administration, inadequate autonomy power of bar association, etc.The fourth part has provided corresponding suggestions and measures:1.improving the Dual Combination mechanism by define the boundary of judicialadministration and self discipline by bar association,2. enhance the bar association bycomplete its organizational structure, interior management and supervision system.The final part has drawn conclusions upon the foregoing analysis that it’s crucialto redefine the right to lay down lawyer profession standards and punishment, as wellas that relative suggestions on promoting self discipline must be taken under externalsupervision from executive and judicial branch so as to integrate different advantagesin one mechanism. |
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