VIEWS: 4 PAGES: 8 POSTED ON: 9/28/2010
Private lawyers, government lawyers and public interest lawyers and future development China Real Estate Auction www.fdcpm.com ????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. ? China Real Estate Auction www.fdcpm.com ? ?
Pages to are hidden for
"Private lawyers_ government lawyers and public interest lawyers and future development"Please download to view full document