Study On The Institution Of Disciplinary Punishment Of Chinese Lawyers

The system of lawyer disciplinary Action is one part of the institution of lawyer Punishment. Whether it is perfect concerns the self-discipline level of lawyer industry and the job safety of lawyers. In the current mode, the bar association and administrative organization deal with irregularities by rules respectively, however In the Implementation of dealing with disciplinary behaviors, the power of them is confused. The disciplinary power of the bar association is similar to the modern administrative power, showing the characteristics of strong unilateral conduct. Worse, disciplinary entity content, including disciplinary system, specific meaning and the way of punishment applicable standard, needs to be added; the impartiality of the disciplinary procedures is insufficient. So it is necessary to distinguish between the power of the bar association and administrative organization. Then clear the lawyer disciplinary standard and the meaning of disciplinary approach and perfect disciplinary approach system. For the bar association, it is important to separate charges and trial functions, to set up the impartiality of the subject. Meanwhile, it is necessary to perfect the lawyer disciplinary proceedings start mechanis m, the investigation procedures and external supervision, to ensure that the opinions are listened adequately, so that the bar association can dealt with disciplinary behavior timely and fairly. From this, the bar association are normative by the rule, which maintain lawyers’ rights of working and promote the development of the legal services market indirectly.