Private lawyers_ government lawyers and public interest lawyers and future development

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Private lawyers_ government lawyers and public interest lawyers and future development Powered By Docstoc
					Private lawyers, government lawyers and public interest lawyers and
future development
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????Constitution and the legal profession in the international
seminar, Professor Cheng Jie reference to the words of the New
Testament: "knock on the door before opening the door,"
Professor Wang Zhenmin said: "The life of law is
litigation." They are all stressed the decisive role of the rule
of law proceedings.
????Ancient China had "not only their own laws," the famous
thesis. In my opinion: If the life of the law is litigation, then the
lawsuit is that the lives of lawyers. Human to set the fundamental
purpose of the lawyer system, and not just through it to the community
to provide legal knowledge, but to create a public power separate from
the social forces to protect the personal power, so under the
authority of the powerful citizens of the country, the general society
organizations, the protection of legitimate rights and interests, the
effective implementation of it.
????First, the development of Chinese lawyers to create a miracle in
the world history of solicitors
????Lawyers in China is parked to products. Stretch of five thousand
years of Chinese culture did not nurture the modern sense of the
lawyer system, regardless of Deng analysis, or Shaoxing Shiye, not the
modern sense of the law, Chinese law and no attorney any modern sense
of the institutional arrangements. Although the concept of the lawyer
system was introduced in the late Qing Dynasty China, but we all know,
the Qing Dynasty was already a spent force, a country in a precarious
among the people has not yet stable living environment, it is
impossible to effectively and learn from foreign system, and build
their own counsel system. Republic of China on the mainland 20 years
of rule, first the years of civil war, warlords, the Kuomintang was
Shoulong around the warlords, then the Japanese imperialist aggression
against China 8 years and 8 years of arduous national war of
resistance, there is no opportunity to build national law system.
Subsequently, a three-year war of liberation, the CPC led the victory
of the revolution hundreds of millions of farmers. The first few years
of new China, the KMT during the existence of a small number of large
cities retained a lawyer and was given a new meaning of revolutionary,
but very soon, "anti-rightist" political movement, with
lawyers as legal workers were all uh, and in the dictatorship of the
proletariat under the banner to transform. The person said to have
been beaten more than 100% right, because those who although not a
lawyer but who has done defense work, but also because the name of a
lawyer convicted. Until 1979, the trial of Lin Biao and Jiang Qing
counter-revolutionary group, people only see the lawyer again. The
lawyer then only to the Chinese mainland Lin Jiang Group chief defense
lawyers that several temporary hosts, who are survivors of the
Cultural Revolution.
????China's lawyer system recovery and reconstruction, but that is
what the last 25 years. Not so much reconstruction, might as well say
January 1, 1982 Provisional Regulations promulgated law came into
effect, marking the China Construction lawyer system opened the
curtain for the first time round.
????Many Chinese lawyers present memory by the new, 94 years ago
lawyers are national civil servants, July 1, 1997 entry into force of
the Lawyers Law, which makes the overall system of Chinese lawyers and
international standards.
????I spent a few minutes of valuable time to explain, just 20 years
time, the Chinese lawyer system from scratch, from a partner country
to do so, the system has been completed and the full integration of
international law, and the number of lawyers across the country has
reached 12 million people, the All China Lawyers Association, the
number today is the world's third Bar Association. The first course is
the United States alone, there are 45 million or more ABA members. The
second is the United Kingdom, they have 13 million people. Chinese
lawyers present in all types of cases and various commercial
activities, an important role to play in, you can say that China's
rule of law in operation, China's economic development, Chinese
lawyers have been inseparable.
????Chinese lawyers should be the cause of the pace of development has
created a miracle in the history of the world's lawyers!
????Second, Chinese lawyers take on the rule of law function in a
serious imbalance
????However, I would say the rapid growth of Chinese lawyers had SARS.
The trouble is it? Chinese lawyers take on the rule of law function in
a serious imbalance. Almost the whole country lawyer, almost the
entire direction of development of the legal profession are the focus
of economic development around. Therefore, China's lawyers opened a
private law is mainly the lack of government lawyers even less public
interest lawyers.
????Now I will explain my definition of the following private lawyers,
government lawyers and public interest lawyers
????I thought: from the nature of clients and services division,
lawyers can be divided into: private lawyers, government lawyers and
public interest lawyers. In a society where the rule of law, three
types of lawyers must maintain an appropriate balance, lawyer to
healthy development.
????Opening of the so-called private attorney is employed by companies
or on specific issues to provide legal services to clients in order to
safeguard the legitimate rights and interests and to receive
remuneration for lawyers.
????The traditional law is a private lawyer. They paid service, right
and proper. However, it is independent of the Government charges them
to an independent personality, independent status and become the
legitimate rights and interests of safeguarding the freedom of
citizens employed.
????Therefore, from the origin in terms of lawyers, lawyers, citizens
of the state to give a defense of the sword. Only citizens get the
sword is paid.
????Marx is no doubt the last century's most influential scholars, his
theory, not only encourage the poor to set up the East extraordinary
socialist happy life, but also to the West while protecting the
property of the rich, established to help social welfare of the poor.
????It is because of the impact of this theory, not only for the
services of lawyers, lawyers also provide legal services for the poor.
????However, I must be clear: speaking in front of several professors
mentioned that Chinese lawyers very rich, and here I have to explain
several scholars have this misconception of law, in fact, is not the
case for a national perspective, such as law firms the most developed
two thousand lawyers in Beijing are still lack of protection of their
lives, the Beijing Bar Association to consider the two thousand
lawyers provide financial assistance. China's 120,000 lawyers lawyers
might not really have money to a few percentage points, especially in
the West and the grassroots of the lawyers, their real income is
certainly not the high income of civil servants in general. In fact,
Chinese lawyers are not high income, but income is very low.
????Government Counsel is employed by the Government for the exercise
of government functions and to provide legal services of lawyers, as
they are both lawyers, but also for staff. In my view, lawyers,
citizens and companies not just the parties, governments, political
parties, the parties should be a lawyer. We take a look at the U.S., I
recently visited the United States Federal Ministry of Justice, which
employed at least 300 or more lawyers. Ministry of Justice in
Washington, than the federal Justice Department lawyers also more. Let
us look at this year's November 2 U.S. presidential election day, tens
of thousands of lawyers for election services. We all know that the
last election, it is Bush's legal team to help him win the lawsuit had
only been the position of President.
????In China, people the impression of lawyers is that they can not be
coordinated for those cases the government to court, since the State
Office of the restructuring, the lawyers have been socialized, and
lawyers are outside the system was. China's government, there is no
tradition of hiring lawyers. Some officials inside the government, or
even despise lawyers, afraid of lawyers, and lawyers do not want to
deal with.
????Public Counsel is employed by government legal aid agencies,
public agencies, non-governmental organizations (NGP), non-profit
organization (NPO), to provide free legal services to certain groups
of lawyers. For example, government or community legal aid
organization of lawyers, trade union rights lawyers, human rights
bodies of the human rights lawyers.
????We carried out exploration in recent years is through a typical
case of legal aid to promote legal reform in our country, specifically
that we chose this typical significance, the case could lead to legal
reforms, the organization's most experienced lawyers let them into the
Among such cases, and theoretical circles of scholars and experts
invited to discuss, in this case revealed a variety of theoretical
problems and lack of legal norms in a variety of seminars out, be
reported through the media, causing the people behind the system
environment of the case reflection, and through the excellent working
group of lawyers to write the motion submitted to deputies there, so
we talk the NPC, as a motion to influence legislation. I think the
citizens of the letter is actually a very traditional way, here's
Professor He Weifang a letter to several times before, I think through
the deputies to petition is a legal way. There are many ancient way of
a letter is in fact not legal, I think so.
????The second generation of the late leader Deng Xiaoping once said
in the 80's, at least 300,000 lawyers in China, why do we now feel
that 12 million more than lawyers.
????Chinese lawyers is not much, but uneven. Vast majority of our
120,000 lawyers in private law, a mighty force in recruiting economic
cases, and all over the single-plank bridge, so it more.
????Why is this phenomenon, and this phenomenon is not for people
seriously?
????The main reason is:
????1, in the past 20 years, the state-led ideology to economic
construction. Economic development is very important, but one-sided
view of economic development, affecting the various fields.
????2, lawyers and solicitors, after market, for we must first solve
their own lawyers survival
????3, from lawyers and law firms income scale, the Chinese lawyers
and the developed countries and regions (such as the U.S., Hong Kong,
China Taiwan) is a large gap.
????4, lawyers and law reform, legislative and judicial administration
is not the policy-oriented lawyers for lawyers and public interest
lawyers to the government set the development path.
????While many American lawyers, but not exclusively private lawyers,
many lawyers are hired by the government, there are a lot of lawyers
hired by public agencies. Lawyer when the judge, when the officials,
when members is common.
????Third, the lawyers in the legal function assumes the risks on the
balance
????Last summer, I went to Lanzhou in western China and dozens of
lawyers peers, a law firm's director told me: just how old his son, he
named his son law firm. He hopes to pass his law firm. This makes me
think about a problem, how we pass on the cause of Chinese lawyers,
upload it to our son, grandson of the hands?
????All lawyers should be the main provision of legal services
community, the scope of its services will not be confined to private
areas. Lawyer should govern according to law for the government
services, lawyers should be aware of: an autocratic government does
not need a lawyer. Lawyers not only to those who can afford the money
out of the party services, but also for those who provide legal
services to disadvantaged groups, lawyers should be aware of: a
troubled country does not need a lawyer.
????Our current major development of private lawyers, you know, lack
of government lawyers and public interest lawyers, the lawyer has lost
his two most important parties: social organization managers, and the
broad masses. We know that 20 years of reform and opening up, China
has shown a diverse social class status, divided into 10 sectors of
society. The first class is the manager of state and society, that is,
those officials. The second class is the managers of state-owned
enterprises, mainly those who control the state-owned assets. Third,
private entrepreneurs, the capitalist. The fourth is the professional
and technical personnel, such as lawyers and accountants. Eighth is
the industrial workers, they turned out to be second in the ninth, a
farmer, the tenth semi-unemployed people unemployed.
????We propose building a socialist harmonious society, harmonious
society is necessarily the rule of law. In ancient China, there was
once a harmonious society, as the Han Dynasty, Tang Dynasty short-term
prosperity, national prosperity, people live in peace, Lubushiyi,
close the doors at night. But modern society, can not, as in the
authoritarian regime established under the Han and Tang Dynasties.
Government by law, rule of law in point is the civil society. Reform
and the rule of law in our society led by the government, it is
difficult to rely solely on government-led construction of a large
country building the rule of law.
????Private is to protect its interests will not be violated forced to
hire a lawyer, the government only when a lawyer needs? A lawyer will
not be a strong initiative, unless the people of its supervision. And
sometimes the people is an empty concept, the government and people,
one by one citizen rights if they are not organized, the people are a
mess. If a building society is the rule of law, civil society is
building the foundation of the organization to contact if there is no
middle citizens, those citizens of the individual capsules of sand as
a matter of fact, building the rule of law is not established on the
beach.
????Chinese lawyers for the government and public interest lawyers
lack the phenomenon, I suggest giving priority to developing public
interest lawyers. Developed as public interest lawyers, government
lawyers will follow developed.
????The phenomenon of the current petition, be traced, it is lack of
government lawyers, grassroots government action violated the civil
rights anomie. In the private sector the Government has not as open as
open civil society organizations, citizens can not make an autonomous
organization from the grassroots, public interest organizations,
industry organizations, human rights activists to help get
organizational resources, organizational resources, or that there is
no relief, making the high cost of civil rights had the use of the
most traditional means to petition the provincial and central
governments. For the Government to address the petition's approach to
flood control, such as not blocking but sparse. The main points of the
sparse grass-roots self-government is to strengthen and improve the
development of civil society organizations (NGO, NPO), so that public
interest lawyers in the maintenance of civil rights, monitoring the
government play an important role in legal administration.
????Bar Association is not just a private lawyer (lawyers) of the
association, it should be the Government lawyers and public interest
lawyers associations, even those with judicial qualifications of
judges, prosecutors and members of the Association.
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