A Study Of The System Of Compulsory Procuration By Lawyers In Civil Litigation

With the development of rule of law, to guarantee the rights of parties and realize the procedural justice has become the goal of reform on the judicial system of civil litigation. The function of the lawyers’participation in civil litigation has come to be important. The system of compulsory procuration by lawyers which is opposed to the discretional procuration system, is a special form of procuration by lawyers counterpart. It refers to a system that the parties or legal agents is obliged to put a civil litigation in the hands of a lawyer in certain civil litigations for guaranteeing the equality of both parties’litigant rights. Each procedure is embedded with some pursuit of value. The perpetual pursuit of the procedures of civil litigation is to realize substantive impartiality and procedural justice and to improve efficiency of litigation as well. From the perspective of the entire judicial system, the system of compulsory procuration by lawyers in civil litigation is valuable in realizing judicial impartiality, improving efficiency of litigation, maintaining judicial order, restricting the power and promoting the professionalization of litigation. The system of compulsory procuration by lawyers is vital to improving the agency system of China. Both the demand of judicial reform and the tendency for the development of lawyers demonstrate that there are necessity and basic conditions for establishing the system of compulsory procuration by lawyers in China. Therefore, it is essential to enhance citizens’ awareness of the procuration by lawyers and to set up its concrete rules and relating systems so that to integrate the system of compulsory procuration by lawyers into the system of civil litigation of China and bring its function of promoting the progress of rule of law into full play.