An Empirical Study On The Disciplinary System Of Lawyers

The lawyer punishment system occupies a large proportion in the whole lawyer system,and has a high frequency of application in practice,which is the focus of China’s reform and improving the lawyer system.Under the background of the rule of law,the lawyer for the construction of talent team is very important,the justice department is put forward in the five-year reform program,the amount of lawyers in China by 2022,with up to 620000 people,but in practice many realistic problems of the lawyer industry,making the disciplinary punishment system makes the lawyers don’t reach the expected positive correlation between quantity and quality,The existence of the lawyer punishment system is conducive to protect the legitimate interests of clients and lawyers,purifying the professional environment of lawyers,so that lawyers can play their biggest role to maintain social stability and promote the healthy development of the lawyer industry.Lawyer disciplinary system in China started late,and is based on the identity of the "import" into China,from the beginning of the 20 th century,has experienced the germination,development,suspension,and the development process,by the simple security administration management slowly into the judicial administrative organ and the lawyers associations shall enjoy the right of punishment together,although many countries advocate using lawyers association autonomy model,However,the "two combination" mode is more in line with China’s national conditions.The judicial administrative organs in this mode can make up for the shortcomings of the Bar Association,and the bar Association can also check and balance the public power.Therefore,the punishment power of lawyers in China under the "two combination" mode has dual attributes.But has the characteristics of "two combination" mode,makes the disciplinary punishment system in China needs to improve the existing legislation and practice,for example: in legislation,the judicial administrative organs in our country and the all China lawyers association punishment power configuration is not reasonable,judicial administrative power is larger,the all China lawyers association weak sense,both cannot effectively in the process of the program runs,etc.;In practice,there are some problems,such as lack of enthusiasm in lawyers’ associations,unreasonable operation mechanism of procedures,lack of credibility in punishment results,inconsistent application standards and lack of relief channels for lawyers.To improve the above problems,we should configuration of judicial administrative organs and the all China lawyers association,strengthen the lawyers association of self-discipline,played down the judicial administrative organs of the punishment power,so as to improve the effective connection of the two,at the same time should strengthen the program is run at various stages of the internal and external supervision,introduce people in the society,improve the credibility of disciplinary results,also should protect the legitimate rights and interests of lawyers,Expand relief channels and improve review mechanisms.