Mandatory Representation By The Lawyer In Administrative Litigation

There is no mandatory representation by the lawyer in China’s administrative law legislation,and only the criminal law requires the defender to protect the defendant’s rights under specific circumstances.The theoretical discussion on mandatory lawyer agency in the field of civil procedure law is in the ascendant.Since the promulgation of the administrative procedure law in2014,administrative cases have increased sharply,and most of the plaintiffs in administrative litigation are ordinary citizens,The protection of plaintiffs’ litigation rights,the clarification of judges’ obligations,the petition of administrative trial results,and the intertwined implementation of court procedures have increased the difficulty of administrative trial.Therefore,there is a tendency to introduce plaintiffs’ mandatory lawyer representation in administrative litigation in the planning and practice of the rule of law,and lawyers are also required to correct the problems in the current administrative trial,The legal aid law implemented on January 1,2022 clearly stipulates that the scope of assistance covers the representation of lawyers in administrative litigation.This makes the research on the mandatory lawyer representation of the plaintiff in administrative litigation have a source of legal norms.Nantong,Jiangsu Province,as the vanguard in the administrative trial,is also carrying out the pilot of recommending lawyer’s agency,so as to pave the way for the plaintiff to force lawyer’s agency to open a bridge in the desolate place of judicial practice.The implementation of the root of law and the seedling of practice points out the direction for correcting the problems caused by the absence of lawyers in administrative litigation and solving the problem of low participation rate of administrative lawyers.This paper discusses the necessity of the plaintiff’s mandatory lawyer agency in administrative litigation from the theoretical aspects of the plaintiff’s litigation right protection,the value orientation of trial and reducing the burden of public rights,and makes it clear that the starting point of mandatory lawyer agency is to provide the parties with stronger litigation weapons to fight,and the ultimate purpose is to protect the plaintiff’s litigation right,not to limit the citizens’ litigation right;The new value expectation of administrative trial is from individual justice to communicative justice,and the culmination of the ultimate protection is the plaintiff’s human rights.It is a good way to reduce the maintenance of administrative litigation,clarify the court order,alleviate the burden of judges’ clarifying obligations and solve the petition of judicial trial results.The specific system operation design is to divide the administrative litigation stages,select the mandatory lawyer agency to be applied in the first instance,and do not distinguish the use in the second instance.It emphasizes that the mandatory lawyer agency is not a "free public welfare",but a useful booster for the realization of fairness and justice in the administrative trial;According to the types of cases,the application of mandatory lawyer agency is divided.For the hierarchical discussion of cases of restriction of personal freedom,administrative act and administrative omission,it is applicable as needed.Optimize the fee payment mode of mandatory lawyer agency in administrative litigation,legalize the remuneration,and develop a new fee payment system of litigation financing and litigation insurance to alleviate the financial pressure.Supplemented by the training of full-time lawyers in administrative litigation,the application of Internet legal services should deal with the tight supply and demand of full-time lawyers caused by the unbalanced distribution of legal resources,improve the level of artificial intelligence legal services,use digital empowerment to force lawyers to represent,standardize the quality evaluation standards of legal aid lawyers,and lay out the reform of legal fees to escort this system.