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Research Of Shanghai Bar Association In1927-1937

Posted on:2013-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:C J YingFull Text:PDF
GTID:2256330374974504Subject:Legal history
Abstract/Summary:PDF Full Text Request
In1912,Shanghai Bar Association was established. With the rule of LawyerInterim Regulation, Shanghai Bar Association used the mode of president system tooperate, but with the expansion of Shanghai Bar Association, this mode began toappear some disadvantages. In1927,with the support of Kuomintang, Shanghai BarAssociation reorganized, and changed quondam president system into committeemansystem. Under the operation of committee system, Shanghai Bar Associationwelcomed historic decade. During this period, Shanghai Bar Association developedprosperously.It produced a great influence of then judicial in Shanghai and even thedevelopment of the history of China. This article is trying to understand the judicialcircumstance, lawyers’ profession and lawyer system at that time through the researchof the development of Shanghai Bar Association in1927-1937.The first part of the article describes the change of modern society of China, thedevelopment of the legal system and the foundation of Bar Association, includeing thedevelopment of Shanghai Bar Association in1912-1927under the operation ofpresident system and the reorganizing process of Shanghai Bar Associationcommitteeman system in1927.The second part expounded the modification of Shanghai Bar Associationregulation, the development of membership of Shanghai Bar Association after thereorganization of Shanghai Bar Association and the content of specific operation of Shanghai Bar Association in1927-1937The third part mainly analyzed the relationship between Shanghai BarAssociation and lawyer, including the supervision and management of thecertification of membership lawyer of Shanghai Bar Association and the prohibitionof presence in court to the lawyer who didn’t become the member of Bar Association,the role of Shanghai Bar Association maintaining the status and reputation of lawyersand mediation of lawyers’ contradiction.The fourth part discussed the relationship between Shanghai Bar Association andcourts, including the guiding role of courts to Shanghai Bar Association. BarAssociation became the bridge of communication between lawyers and courts,especially in the interpretation of substantive law and adjective law, and mediated thecontradiction of Bar Association and courts.The fifth part mainly expounded that Shanghai Bar Association played an activerole in society at that time,including a series of historical events like the repossessionof the consular jurisdiction, the prohibition of the establishment of Concession BarAssociation and anti-Japanese patriotic movement.Finally,summarize the function feature of Shanghai Bar Association, the reason ofits influence and its problem at that time.This article analyzed the related files in order to understand the particularity ofShanghai Bar Association’s function and universality of influence, and then tostrengthen the understanding of Shanghai legal system and lawyers system ofRepublic.
Keywords/Search Tags:Shanghai, Bar Association, Operation
PDF Full Text Request
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