So far, China has 100,000 lawyers Yuzhong, almost all over the city in the county. And the vast majority of lawyers, is a rigorous examination from, than other occupational groups, the level of qualifications and knowledge, is not high. Well, such a huge legal groups, which is how the spirit, more than live up to the community, I live up to the next school » Burglary think that lawyers are businessmen, legal persons (intellectuals), the political ideals of the combination of the three homes.
First, businessmen
Lawyers to provide legal services in exchange for remuneration, is a typical market transactions. It is a commercial lawyer of the party. The two lawyers eyes, is a commercial eye and the other eye is legal. The former is the foundation, which is the guarantee. Livelihood as a lawyer, probably three: First, when the perennial legal adviser, and the other is litigation, and the third is to do non-litigation projects. Is a market first, and the law, the first source, re-use law. Market struggles and also to combat, say, to strength, and Latin American customers, engage in advocacy, and both are commercial activities. And income-generating business volume, but also the ability to measure the Law Society of the most important indicators. Therefore, as the businessman's lawyers, lawyer fees away, have a clear conscience.
History has been inclined to light. Light to restrain the rulers, is due to businessmen around the world, difficult to control. Yu Ying-shih the "China Modern Religious Ethics and businessmen in the spirit" that the ancient agriculture-based society, until the status of the Ming and Qing Dynasties era businessmen have improved. Modern society is just different, market-based economy to industrial and commercial, it is business, the traditional agricultural society to prosperity of goods society. Modern businessmen status is not less than any other career. The vast majority of people choose to do lawyers, but also because a lawyer can make money. Therefore, lawyers say no to.
Second, the legal person, but also intellectuals
Counsel to the law, a legal person. Law and the layman's different is that in a society ruled by law, legal persons to the National People's Congress of the Jishi, small to protect human rights, justice will bring civilians. Lawyers as a legal person, first of all have legal knowledge, to understand the legal system, content and procedures. Second, it is legal thinking, in accordance with the law logic, thought to value orientation, and demonstrated a reasonable interpretation of the law. Finally, the lawyer with the law as the basis for settlement of the dispute. Lawyers prior reasonable precautions controversy, after the controversial treatment to help establish and maintain a fair and harmonious social order.
Not only that, the lawyers and should be above the law, to make a pragmatic intellectuals. Gu Yanwu, said: "gentleman's study, also to Ming Road to Salvation also» "Fan Zhongyan:" Ningming died, mime and Health. "Lawyers have the world as themselves intellectuals sentiments. Lawyers have received higher education, but we can not say that, had the intellectuals. Because, intellectuals, more than a number of people reading. Reading, and social services, at best, is a professional. An intellectual soul, we must have an independent spirit, originality and critical capacity.
As intellectuals, lawyers, according to Chen Yinke "freedom of thought, independence of spirit" of purpose, its features are twofold: First, free. Independent property lawyers, freedom of thought. Bar freedom of thought, and in two parts, first, social and political ideal of freedom, the independent counsel express their political opinions, freedom to participate in social management. Second, the legal ideal of freedom. Lawyers in their own vision and experience to participate in the legislature and the additional legal loopholes and other forms, the development of the law. Secondly, an independent. Lawyer not affiliated with any one economic community groups, but an independent entity. Bar is a typical liberal professions, only obeying the law, do not obey anyone. Lawyers and equal dialogue between different sectors of the community, as an independent will to cooperate with judicial authorities or against.
Originality is a unique creation. As intellectuals, lawyers, in social development, for new issues, put forward their views. For example, in the latest securities compensation in cases of false statements on this new thing, the lawyers put forward their point of view, the Supreme Court and has been recognized. Criticism, is dissatisfied with the existing value of the requests for improvement. Criticism of the Law Society, the main appeal lies in legislation, reform of the law and the judiciary supervision. However, originality and critical in order to give full play to the role of lawyers, and personal values, promoting social progress.
Third, the political ideal home
Counsel to the community ultimate concern is to establish reasonable harmony of the legal order. Therefore, the lawyer is a natural political ideal home. In a society ruled by law, lawyers can not be ignored is an important social force. Reason is simple, can not be separated from society, law can not do without lawyers, lengthy and detailed laws, we must not by the Law Society to deal with. In Western society, and government officials, who in many lawyers, judges are selected from lawyers. Lawyers are to the reputation, the power of the road.
Chinese lawyers should also be an important force for social management. First, lawyers have management capacity. Lawyers to "legal problems" for the industry, and "legal solution" is the basic tasks of social managers. Large number of lawyers in dispute, has accumulated rich experience, and this experience is to manage the community, such as government officials, judges, the deputies must have. Second, the community must have a lawyer involved in the management, in particular legislation. Comparison of Chinese and foreign lawyers, the most prominent is whether the point is that in the legislature. Western lawyers universal participation in the legislation, the drafting of the draft law, and domestic lawyers to narrow the proceedings Maitou business. In fact, legislation can not be involved in non-lawyers. This is because the management of the community, mostly through the form of laws and regulations. On the one hand, lawyers familiar with the laws and regulations, on the other hand contact with all sectors of the community, enterprises would like to know that people think that the Government and social bridge between the law. Only lawyers in the legislature, can reach the people, a people of Italy.
Yale University Professor Keluo Man in "The Lost lawyers", describes the spirit of the decline of the American Bar, the Law Society of Lincoln sad politicians no longer there. The current Chinese lawyers have not yet participate in social management - also for non-not, is not also. Government cadres can be said to have closed, the lack of transparency. Most of the organization department of cadres training. In fact, since the ability to cultivate Qi » Managers should be out of the competition, no one is born managers. The lawyer's professional training, so that a management advantages.
4. Conclusion
Lawyers are businessmen, intellectuals, or political ideal home, it is clear that this requirement lawyers, It is demanding. In fact, in today's society, social networking aspect, justice is not satisfactory, and lawyers with the law as weapons, it is not easy to make a living, let alone the other. But Chinese lawyers, as an important social force, has been beyond reproach, and increasingly powerful. As a professional group, Chinese lawyers must have its own professional spirit to serve the community, to strive for social status, to participate in social management. This fight is not only the task of the Bar Association, is the task of every lawyer. A day ideal lawyers, work will be strengthened, and a spirit of the occupational groups, will have vitality.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment