中國(guó)律師的社會(huì)法治功能缺失及未來之探索.pdf

1、 西南政法大學(xué)碩士學(xué)位論文 西南政法大學(xué)碩士學(xué)位論文 中國(guó)律師的社會(huì)法治功能 中國(guó)律師的社會(huì)法治功能 缺失及未來之探索 缺失及未來之探索 指導(dǎo)老師： 指導(dǎo)老師：莫丹誼 莫丹誼 副教授 副教授 作者姓名： 作者姓名：張 琳 專業(yè)名稱： 專業(yè)名稱：訴訟 訴訟法學(xué) 中國(guó) 中國(guó) ·重慶 重慶 二○○八年四月 二○○八年四月 I Abstract According to historical records, seen in the

2、 BC II, III century in ancient Rome, so-called “protection“ system and the legal representation system were similar to future generations, but lawyers for the development of the system. For everybody recognized, the syst

3、em of lawyaers originated in modern British. Modern sense of the lawyers was along with the feudal society to the capitalist society in transition and emerging. In the course of the absolute monarchy transition to a demo

4、cratic republic, the bourgeoisie called for humanity to promote democracy and human rights and were in opposition to tyranny, whether in politics or in the rule of law, we need a large number of lawyers who are professio

5、nals as a master of the law . In such a society demand, a large number of people began to learn and be familiarity with the law, and gradually evolved into the Community. Such systems of lawyers had gradually taken shape

6、 in such process at the same time. Modern Chinese lawyers system is imported product, and in ancient China, it has not formed the barrister system like West style. And now many people have mentioned in the”訟師“ of Ancient

7、 China, but “訟師“ and the lawyers are totally different concepts. Until the late Qing Dynasty, the lawyers system came to China from the West. Lawyers for the maintenance of human rights and promote the rule of law in for

8、ce in a capitalist society to play its own important role. The history of the development and rise of British lawyers, the interaction of French lawyers and liberalization movement, the American Bar rule of law in their

9、countries in the process of building active role, all the facts show that the lawyers played the important role in the rule of law in the process. Although my lawyer system was restored 20 years, the development of indus

10、try lawyers were rapid, striking results, such as lawyers and law firms rapid expansion team; the management system of lawyers and corresponding development from the original development of a single administrative judici

11、al administration and the legal profession management Association of combining lawyer management system; legal services fields have also expanded; and so on, but the position of Chinese lawyers, role, and by the lawyers