The Research Of Our Bar Association’s Autonomy

With the Development of the legal profession today, almost every country has established their own lawyer’s self-regulatory organization, and in most countries they called the organization Lawyers Association. However, countries have not the same lawyer management systems, their differences mainly show in areas such as the Bar Association’s duties and powers, especially our country’s powers of the Bar Association have a big difference compared to other countries. With further improvement of our country’s judicial system and reform of legal system, the reform of our lawyers’management system become imperative, and the management system reform’s is to expand the autonomy of the Bar Association. Therefore, this paper describes the historical process and the autonomous status of our Lawyers Association to analysis the problems and causes of the Bar Association autonomy, thus propose measures to improve the Bar Association autonomy from ideology, legislation and soft law.The first part of the paper through analyze the three basis of the Bar Association to take the way of self-government: philosophical basis、legal basis and the inevitable requirement of our Bar Association’s nature features, thus we proposed that our Bar Association to take the way of self-government become an inevitable trend. Through elaborate the way for our Bar Association from has no autonomy in the early days to has limited autonomy under the current "two combined" system, combined with the status of autonomy Bar Association we draw that our Bar Association has been working with the goal of control the substantive rights of the legal profession.The second part of the paper proposes problems of our current autonomy of the Bar Association: First, coverage of the Bar Association is not yet throughout counties across our country; second, the structure of our Lawyers Association has two major questions. Externally speaking, it hasn’t completely separated from the Judicial and administrative authorities; internally speaking, it hasn’t yet established a sound system of internal management mechanism. The last point is that our Lawyers Association hasn’t real power industry management that autonomous organizations should have. There are three major reasons: first, the government reform is not complete, indecisive; second, the Bar Association is still in a weak position in the existing "two combine" management system; Third, the internal management system of the Bar Association is imperfect, lacking organic coordination.The last part of the paper firstly illustrates the importance of the Bar Association of the road to go autonomy, then proposed some suggestions to improve the autonomy of our Bar Association: First, our Lawyers Association must be truly independent in terms of ideology; Second, the legislation should provides strong backing for the Bar Association of autonomy; third, take the soft theory to analyze the internal management system of our Lawyers Association.