On The Improvements Of The Systems Of The Lawyer Disciplinary Punishment In China

The lawyer disciplinary procedure is one of the most important of lawyers’ disciplinary system. Most countries where the lawyer system is quite perfect has mostly established a set of complete lawyer disciplinary system. It’s a procedure applying to punishments of industry such as a warning, suspension, or disbarred practice for a lawyer. Perfect lawyer disciplinary procedure system, on a country lawyer disciplinary system the sound development of the industry to achieve autonomy and self-regulation, thus contributing to national rule of law has important practical significance.Through the UK, USA, France, Germany, Japan and Taiwan of China’s lawyer disciplinary system to conduct a comprehensive investigation, comparison and analysis, mainly for those countries and regions lawyer disciplinary agency, disciplinary procedures and their characteristics were analyzed in detail, then summarized the law in these countries and regions, the construction of disciplinary procedures useful experience for our attorney disciplinary proceedings Perfection provide reference.Our current system of lawyer disciplinary procedures for in-depth analysis, that the system currently following major problems, such as "dual mode" led to repeated punishment, discipline and punishment right way to set unreasonable distribution, the lawyer disciplinary proceedings opaque, disciplinary procedures deadline serious deficiencies, the lack of participatory mechanisms and disciplinary counsel is accused or lack of procedural remedies.How to improve and build suitable for China’s system of attorney disciplinary proceedings madethe corresponding recommendations. First, the Bar Association shall exercise disciplinary authority of unity. Mainly from the legal profession’s own characteristics, to avoid duplication and legislative trends disciplinary perspective of discourse; Second, disciplinary methods should be optimized configuration of different issues tor lawyers to take a different disciplinary efforts, a reasonable set of disciplinary approach gradient greater Bar Association disciplinary efforts; Third, and relief organizations should establish disciplinary procedures participatory mechanism to ensure that the main parties participation in the proceedings, in order to better ensure the subject is able to fully exercise their right to participate in the program; Fourth, we should clear the acceptance deadline lawyer discipline, trial, judgment and results service deadlines and procedures for relief period; Fifth, the accused should be given the right to relief or disciplinary counsel procedures, so as to maintain discipline lawyers accused or the legitimate rights.