| Lawyer advertisements have appeared in Chinese legal service market since the Republic of China period,but due to the degree of development and background limitations of the era,there has been no regulation to guide lawyer advertisements in a long historical period.There are still a lot of illegal or against the professional lawyer’s morality in the practice of lawyer’s advertisement in China,such as direct persuasion.At present,there are no special laws and regulations in China’s legal system,only the lawyer’s ethics and the lawyer’s advertising and publicity norms of soliciting business.In view of the above reality,this paper makes use of the comparative research method,from the horizontal and vertical dimensions,throughout the three periods of lawyer advertising in China from germination to diversification,showing the role transformation of lawyers in China’s judicial system from the judicial assistant to the legal service person who independently strives for the interests of the parties,reflecting the lawyer advertising system in China’s legal system There is a foundation for development.Based on the experience and lessons of the United States,Japan and other countries in establishing a complete lawyer advertising system,this paper constructs a more perfect lawyer advertising legal system from the subject to the supervision based on China’s lawyer advertising system and the existing lawyer system,referring to the advertising rules and existing illegal cases.First of all,the concept of "lawyer business promotion" is no longer used as the higher-level concept of lawyer advertising,but the choice of clear "lawyer advertising" as the basic definition of the overall regulation.From the aspect of lawyer’s advertisement subject,this paper puts forward the new rules of lawyer’s advertisement spokesman,standardizes the advertisement behavior of the employees who have not obtained the lawyer’s professional qualification in the law firm,and improves the mechanism of lawyer’s advertisement subject.Secondly,we should stick to the limitation of the content of lawyer’s advertisement.However,in the form of lawyer’s advertisement,the concept of "persuasion behavior" should be introduced,and the boundary between permission and prohibition should be discussed by classification.Meanwhile,the linkage responsibility and quality improvement obligation among advertisers,advertising operators and advertisement publishers should be stipulated by using the development of Internet technology and the mechanism of advertisement data feedback.Finally,in terms of the supervision of lawyer’s advertising,it requires the industry self-discipline and market supervision to be carried out simultaneously,and assume proactive supervisory responsibilities and a disciplinary system adapted to serious consequences,so as to complete the optimization of the regulation of lawyer’s advertising. |
