| The lawyer system is an indispensable part of the modern Chinese legal system,in which the lawyer disciplinary system was formed under the background of the modern legal system reform and social changes.Lawyer disciplinary is the disciplinary for the violation or misconduct of the lawyer.Where a lawyer’s violation of the requirements of the law or professional code of conduct will cause immeasurable harm to the client,the society and the law,he or she shall abide by the provisions of the law and the rules and regulations.Therefore,it is particularly important to establish and improve the lawyer disciplinary system.Lawyer disciplinary is an important measure after the lawyer violates the law.The relevant regulations on lawyer disciplinary system in the period of Nanjing National Government are of great significance to the judicial practice at that time.The article introduces the lawyer system in the late Qing Dynasty,which is a great achievement of China’s judicial reform.The relevant regulations on the lawyer disciplinary system developed gradually from their germination to formation.First,the emergence of the Lawyers Association during the Nanjing Provisional Government provided soil for the formation of the lawyer disciplinary system;then,the establishment of the lawyer disciplinary laws and regulations during the Beiyang Government marked the initial formation of the lawyer disciplinary system;and finally,the laws and regulations on lawyer disciplinary were refined and developed gradually during the Nanjing National Government.The lawyer system during the Republic of China reflects the progress of the legal system.The lawyer disciplinary system made the lawyer system more standardized,which is conducive to disciplining lawyers,maintaining the industry’s development,maintaining public interests,and promoting social fairness.This paper is divided into four chapters.The first chapter is an overview of the lawyers’ disciplinary system,and then it introduces the lawyers’ disciplinary system in the late Qing Dynasty and the establishment of the lawyers’ disciplinary system in the Republic of China.The second chapter discusses the lawyer system in the period of the Nanjing National Government,discussing the basic content of the lawyer system and the lawyer’s disciplinary system at the time,such as the legislative overview,the reasons for the disciplinary,the types of disciplinary,the disciplinary agency and the disciplinary procedure,etc.It also analyzes the protection and relief of lawyers’ rights in lawyers’ disciplinary procedures.The third chapter is mainly based on the aforementioned theories and the judicial archives of the Nanjing Nationalist Government to investigate the effect of legislation at that time,the implementation of the lawyer’s disciplinary system at that time and the problems in its implementation.The fourth chapter reviews and analyzes the lawyer’s disciplinary system in the period of Nanjing National Government.This paper probes into the developing trend and regularity of the discipline system in order to find out the theoretical value and the legal culture idea of the lawyer,accelerate the perfection of the discipline system in our country and promote the construction of the rule of law. |
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