Study On The Lawyer Access System In The Late Qing Dynasty And The Republic Of China

At the end of the Qing Dynasty,China’s legal system began to transform into a modern one.The lawyer system was introduced into China in the frequent legal transplantation activities.The litigants were dying out.The new lawyers replaced the traditional litigants and became the main legal service group in China.The legal service group gradually realized the transformation.The access system of lawyers stipulates the conditions for obtaining the qualification of lawyers.The change of its standards directly affects the quality of practitioners,and its implementation has a profound impact on the transformation of the country’s judicial system.The in-depth study of the access system of lawyers is also of great significance to improve the professional quality and executive ability of China’s legal service groups.The access system of lawyers in modern times has gone through a tortuous development process,from the initial establishment in the late Qing Dynasty,the active exploration in the period of the provisional government,the establishment and improvement in the period of the Beijing government,to the inheritance and development in the period of the Nanjing National Government,and the transportation of a large number of legal talents for the society in the repeated regime changes and social changes.During the period of the late Qing Dynasty and the Republic of China,the eastern and Western cultures collided fiercely,the conservative and progressive concepts coexisted,the legal texts were added,deleted and revised very frequently,the lawyer access system also changed constantly,and reflected the changes of social legal environment.It has distinct characteristics in the history of the system and has considerable research value.Based on the research background of the late Qing Dynasty and the Republic of China,this paper compares the historical documents and legal texts in different periods with the help of the textual research results,and demonstrates the advanced nature of the admission system of lawyers from the transformation of legal service groups.By analyzing the legislative characteristics and practical difficulties of lawyer access system in different periods and summing up the experience,we hope to deepen the research on China’s lawyer access system and provide historical reference for perfecting the current lawyer system,improving the legal service industry and promoting the transformation of the current judicial system.This article mainly includes the following sections: the first part introduces the historical background of the introduction of the lawyer admission system to China,and explores the advanced nature of the lawyer access system from the demise of traditional lawyers,and concludes that the rise of lawyers and the disappearance of lawyers are inevitable historical conclusions.The second part combs the evolution process and inheritance and development relationship of lawyer access system at different time points from the late Qing Dynasty to the rule of Nanjing National Government,compares the characteristics of relevant legal texts in different periods,and summarizes the evolution law of lawyer access system combined with the background of the times and social development.In the third part,we analyze the gains and losses of the lawyer admission system in the late Qing Dynasty and the Republic of China,and summarize the advanced and practical difficulties of the lawyer admission system from two aspects: the implementation status and the social evaluation.The law of the Republic of China stipulates two ways to obtain lawyer qualification: examination and exemption.Starting from different access ways,this paper examines the difficulties encountered in the implementation of lawyer access system,and explores the reasons from the background of the times,legislative defects,legal education,traditional ideas and other aspects.After decades of improvement,the access system of lawyers has become increasingly strict,the group of lawyers has become increasingly elite,and the disappearance of traditional litigants is inevitable.During the period of the late Qing Dynasty and the Republic of China,there were also many problems in the practice of the lawyer access system.It is of great practical significance to explore the causes of the problems and extract the experience and lessons from the legislative and judicial practice to improve the current Chinese lawyer system and improve the overall quality of the lawyer group.