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Analysis Of The Lawyer Systemof Beijing Government Of The Republic Of China

Posted on:2015-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:H M ZhangFull Text:PDF
GTID:2266330428982796Subject:Law
Abstract/Summary:PDF Full Text Request
Lawyer system is a civilized, democratic judicial system, the establishment of Chinese lawyer system adapted the social development situation of that time, and it has great significance in the process of legal modernization in China. The article first introduces the development of Chinese lawyer system. In ancient society, song shi which had some functions of modern lawyer produced, but they were not the lawyers in the modern sense. In modern times, along with the invasion by foreign powers, western lawyer system was also introduced in China. In the period of amending the law, the lawyer system was written in draft. The Beijing government promulgated the "Provisional Regulations of lawyers" and a series of supporting system, China lawyer system initially was formed.The second part analyzes the content of the lawyer’s system in the period of Beijing Government. The Beijing government provided two ways to obtain the qualification as a lawyer, either by taking the bar exam, or requiring to be free from test conditions, directly for lawyers. In order to safeguard freedom lawyers practicing, and strengthen the management of lawyers, lawyers must join the local lawyers association, obey the lawyer association management. If lawyer violated the legal obligation in the process of practice, or bar will, such as violating restrictions on part-time work, or failing to exercise due diligence to complete, lawyers’ Association and the local prosecutor could propose disciplinary punishment of lawyers to the court application, and finally the supreme courthouse decided whether or not the disciplinary decision.The third part analysis the significances and shortcomings of the lawyer system. The implementation of the lawyer system promotes the process of modernization, justice of trial, and enhances the legal awareness of people. But influenced by traditional image of Song shi and the ruling order, during this period the scope of counsel cases was restricted, and facing strict disciplinary action.
Keywords/Search Tags:the Beijing government of the Republic of China, the lawyer system, content, significances and deficiencies
PDF Full Text Request
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