Marx and Engels Why oppose the implementation of the Law Society of the State

March 7, 1875, two German Workers Party. Eisenach faction and La Salle were released in the coming merger of the merger of Germany's Social Democratic Labour Party's draft programme. As the meeting place in the small town in central Germany Gotha, therefore, the program is also known as the Gotha Program. In the program, a total of seven advocates, the first of five is "the establishment of people's courts, the introduction of free litigation."

Marx and Engels on the merger of two workers of political parties certainly have the attitude, but they think that, as a precondition for the merger, not to be among the masses of workers have lost their impact on the La Salle sent concessions. In April to May period, Marx completed the "Critique of the Gotha Program" which is representative of the significance of important works. The Programme for the first five stands for "the establishment of people's courts, the introduction of free action", the Marxist criticism, said: "required by Article 5 of the 'free litigation' as well. Criminal everywhere are free, and almost exclusively involved civil proceedings Property disputes, and therefore almost exclusively of the propertied class. Are they people should use the money to a lawsuit? »" Then, Marx said to: the entire program "Despite the noise of democracy, but out-and-out to countries infected with the La Salle party The Zhongshun beliefs, or that the infection is not better than the former's belief in the democratic miracle, or some of the more correct, it is also deviated from the two socialist belief in the miracle of compromise. "Engels also on the agenda include" The establishment of people's courts, the introduction of free action ", the seven requested by the criticism. March 18, he addressed to the Austrian • Bebel's letter pointed out: "how can this program to include a total of seven it word for word with the People's Party and the petty bourgeois liberal conformity with the requirements of this program» , "" The seven did not request a bourgeois democracy is not a requirement. "

How can black lawyers to combat the abuse of power

Jilin Province, Jilin Province High Court and the Justice Department recently jointly issued a "civil norms of the law on the agents involved in litigation counsel to inform the activities", commissioned by the citizens as agents of defenders to participate in the proceedings to clarify the eligibility review, Also made it clear not to charge any of the reward principle. It is reported that the province is "black lawyers" is making a blow. (April 29, "Legal Daily") The author believes that such norms "citizens agent" is open to question.







First of all, provides that "citizens agent" subject to judicial review of administrative organs for no legal basis. According to the three Procedure Law, Civil permission by the People's Court, the parties to the defendant or the attorneys, agents participate in the proceedings, that not every citizen can arbitrarily be eligible to serve as counsel or agent, civic agent is conditional The only requirement is subject to the people's court permission. In judicial practice, the review focus on the people's court as counsel or agent of the status, rights, capabilities and personnel between the case and whether there is a need to evade the legal and other aspects of the case, did not need the intervention of the judicial administrative organs, the law has not Judicial and administrative authorities to intervene in the space and channels.

Second, provides that "citizens agent" shall not receive any remuneration, there is no legal basis, since China has no laws which prohibit citizens in paid legal services. In practice, the judiciary in general to the Ministry of Justice, the State Commerce and Industry, 1992 "on further strengthening the management of legal services related to the notice," said, clearly inside the "individual citizens will not be allowed to provide paid legal services to the community" and "not allowed to profit For the purpose of "principle. But the problem is that a piece of paper more than 10 years ago of regulatory documents, the legitimacy of its own, how can the legitimacy of the »

Furthermore, "to facilitate the proceedings, improve the efficiency of modern justice that the proper meaning, Jilin Province, the judiciary and the" notice ", requiring citizens of the defenders, representatives in the activities, and clients should be handled together to The people's court cases county seat of the judicial administrative organs to get registered and to submit or penalties, including the implementation of the law have not been deprived of, such as restriction of personal freedom that six of the materials, to obtain the "citizens commission proceedings as an agent, that advocates" , To the court procedures for civil agents. Despite all of these activities that are free of charge, but the tedious process of self-evident, depending on the efficiency of modern life, is extremely inconvenient, an increase of the parties V. tired, does not conform to the basic judicial proceedings economic principles.

In fact, through the strict restrictions on "citizens agent" to regulate the legal services market is a "deformity wisdom." On the one hand, "civil agent" of course, the legal services market is one of the reasons for confusion, but no matter where in that its impact is not justice and the legitimate rights and interests of the parties against the root causes. On the other hand, the agent for citizens to review and strict prohibition of paid services, and did not note that in the current socio-economic conditions under the rule of law, citizens paid agents still have a certain legitimacy, rationality and social public welfare, especially in the legal services lawyer Charges growing market, the high background, the agent for the citizens of low-income groups is a big rely on.

This shows that the citizens of the area of laissez-faire agent is not desirable, but indulge in "restricted" and "suppressing" is not a solution to the problem. The crux of the matter is that the existing legal framework to guide the rational, to the right track.

Implementation of the new lawyer is also available in addition to obstacles

The revised "Lawyer Law" from June 1 since the implementation of the new "lawyer" to resolve the lawyers "difficult meeting" and "hard markers" and "hard evidence" chronic problem has made a series of important breakthroughs. These breakthroughs have been generally welcomed the community, but many industry believes that the new "lawyer" after the promulgation of the implementation of how vital is directly related to the amendment of the Act can achieve the goal.

In fact, the practice to protect the rights of lawyers, in addition to legislative counsel to the corresponding rights, but also is once these rights have been violated, how to provide relief » How to hold those responsible » But in the new "lawyer", and the existing Criminal Procedure Law and other relevant laws, abuse of public power for a "difficult meeting" and "hard markers" and "hard evidence" of those responsible, but also does not provide the appropriate accountability mechanisms. So, to solve the "three difficult" to be encountered great difficulties.







At the same time, some impact on the normal practice of lawyers there are legal provisions, such as the existing section 306 of the Criminal Procedure Law, "lawyer perjury." 10 years, some lawyers are often so worried about the "charges" against him was retaliation, leading to many lawyers fear that the contractor criminal cases, the rate of decline defence.

Also noted that the new "lawyer" under the lawyers met with the right to the right markers, such as the right to investigate and collect evidence, the current Criminal Procedure Law and there are many conflicts. Now, the new "lawyer" has been implemented, consequential amendments to the Criminal Procedure Law has not been done. This inevitably contradictions in the practice of law enforcement, and the historical experience has proven that some local law enforcement and judicial organs and legal counsel to understand if there are differences, it is conducive to the understanding of the fight against crime will always be political and judicial organs adopted, and some argue is conducive to the criminal Understanding, often ignored.

Some commentators have worried that the new "lawyer" can not withstand judicial practice of the unspoken rules, but in my view, the crucial question is not whether there is the unspoken rules, but we have not yet designed to digestion, these unspoken rules of confrontation "Rules are."

It is imperative that the Code of Criminal Procedure to speed up the amendment, lawyers and law implementation details such as the formulation of related laws and regulations, making the new "lawyer" nurtured by the new right of lawyers to spend, can the system in a more fertile soil in bloom. Most importantly, such a system design and improvement of the prosecution and the defence should be fully integrated into the balance, the protection of human rights, and other modern concept of the rule of law, truly reflects the legal constraints on public power.

Services for clients, lawyers professional return to the right track

1980 "Interim Regulations on the Law Society", lawyers are "the law of the State workers" 1996 "Lawyer Law" stipulates that lawyers are "providing legal services for the community of practitioners" and the newly revised "lawyer" and This changed the way: "The method referred to lawyers, is a lawyer practising certificate in accordance with the law, accept the commission or designated for the parties to the provision of legal services practitioners." Services from the state for social services, to clients, The mission of professional lawyers in a turning point.

1979, was once interrupted the lawyer system is gradually being restored. In 1980, "Interim Regulations on the lawyers", since the lawyers were defined as "state legal workers", of course, the state Public Officers sequence, the state of the salaries.







After this long a period of time, law firm as a subsidiary organ of the administration of justice departments, lawyers "to assist the people's courts of justice" This is the unclear status of lawyers in today, the embarrassing position of the causes. As of today, many people still confusion Gong Jianfa, such as lawyers and judicial officers of the distinction.

1996's "lawyer" was the lawyers and the judiciary "of the Yi other." First of all, lawyers can not be a national public officers; Second, we should be working as a solicitor resigned from state service. It was also during this period, many of the administration of justice to lay down their iron rice bowl, entered the legal profession. And that the popular Qiguan in business, they also claim to be "put out to sea." The legal profession to the market, started on the professional inspection by the public.

Each has its professional criteria. Professional standards of teachers is teaching and educating people, the doctor's professional standards are life-saving, and the lawyer's professional standards, even within the industry are not a recognized beacon. A simple example: a criminal case, the accused to his defence lawyers tell their secrets, including the investigation authorities do not have the other crimes. Is not a lawyer for his client should be kept confidential » This seemingly simple question now, it has been jailed for lawyers.

Bar is a wonderful and special industry. They walk in crime and punishment, hoax and justice, and for the cooperation between. As the law is their only weapon that they have natural justice demands due to the poor environmental practice, they occasionally act as a trading power for money brokers. They both burdened with protecting human rights community expects, the market economy under the pressure of competition.

The social responsibility of lawyers and professional responsibility is contradictory, directly concerning a judicial fairness. Justice is often a symbol of a balance, and lawyers like weight, speak for the parties, stand on the balance side, marked a real weight, it is lawyers in the judicial process in value. Counsel for the parties responsible, is in charge of justice, is responsible for the society and the State.

The new "lawyer" for lawyers professional nature of the amendment to the Law Society has finally returned to its career on track. With the increase of trade autonomy, the legal profession and the public will breed out of the social value of lawyers will also be re-publicized, this group will carry more public spirit. Whether service is targeted at countries or parties, lawyers should be the bottom line of their own conscience, as if Lord »Eldon's famous:" lawyers for any person, but never to anyone who betrayed their own. "

By the new "lawyer" triggered by the implementation of thinking

The effect, the new "lawyer" in the June 1 implementation. Compared to the old law, the new law there were several bright spots, so that lawyers not only the rights, obligations more clearly and to the vital interests of the people has brought many benefits. For example, individuals can run firm, court entered a "supermarket", the party may choose according to their own needs law firm; "difficult meeting" and "difficult to investigate and collect evidence," and "hard markers", has been troubling the three criminal defence lawyer Major challenge will be the greatest extent possible solution.

The report used the term "public lawyer Guangchao Shi as convenient as" the topic, the author is the news headlines imagination: Xinbu lawyers such as supermarkets, random selection, that is what scene! There is no doubt that this is the result of improving the legal system. The new "lawyer" the implementation of the Law Society for improving the practice environment, further from the legal level of protection of the legitimate rights of the rights, is of great significance. However, despite the new "lawyer" a lot of bright spots, but expect achieved at once, it would be premature. From another perspective, the new "lawyer" is the introduction of the legislative progress, does not mean that the implementation of the progress, the lack of specific implementation details or had not been implemented, even the best laws, it is only "vest" only .







Let us look at the new law the new requirements, "lawyer practising in the activities of the personal rights are not violated. Lawyers in the court's agent, the defence advice from legal proceedings, but released endanger national security, malicious slander against other people, seriously disrupting the order of the court Except for words. This is the first time lawyers "immunity", I think this is a major breakthrough, to ensure that lawyers in the discharge of their duties not to worry about, lawyers and prosecutors has created a stage for equality, justice and the maintenance of law Fair is of epoch-making significance, but what is "endangering national security, malicious slander against other people, seriously disrupting the order of the Court of speech" has not provided a clear, in judicial practice, but also entirely possible investigation by the judiciary to make a unilateral standards, To form some kind of judicial practice, the suppression of lawyers in disguise. "New Lawyers Law No. 33: criminal investigation authorities suspect was the first interrogation or the taking of measures, from the date of lawyers commissioned by lawyers practising certificate, law firm And that power of attorney or legal aid letters, the right to meet criminal suspects and defendants and understand the circumstances of the case. Lawyers met with criminal suspects and defendants, were not listening, "Huabingchongji more people have a sense because it provides with the relevant criminal laws, judicial interpretations and regulations conflict (with the contradictions are: Article 96 of the Code of Criminal Procedure, The Supreme People's Court and high seized, the Ministry of Public Security, Ministry of National Security, Justice, the Work Committee of the NPC Standing Committee "on a number of problems in the implementation of the Code of Criminal Procedure the provisions of" Article 11, "the public security organs for criminal cases procedural requirements" section 44 "People's Procuratorate Rules of Criminal Procedure" section 151, 152). These laws and regulations require, in the investigation stage, the lawyers met with the suspect, must be approved by the authorities for investigation. There is a clash between the law, the law does not implementation details, Operability not strong, and likely to cause a conflict of interest or point of view of self-so, not conducive to safeguarding the rights and the protection of the legitimate rights and interests.

Of course, we recognize that the new law has many bright spots. The top priority is to improve the supervision and control of public power systems do, to let the investigation and judicial power under supervision and restriction, it is necessary to intensify the new "lawyer" of the law enforcement and firmly correct violations, timely for the law The conflict and strengthen the loopholes in legislation, the implementation of operational details for the new "lawyer" can really play a right to protect the legitimate rights of the role.

Bar politicians: Fu Xi » Xi disaster »

May 6, 1985, the U.S. Federal Court Chief Justice Rehnquist in a rally speech entitled "American history, lawyers politicians," the speech, Rehnquist in his speech to warm tribute to the U.S. Historical development of the two major turning point by the emerging "lawyer politicians": They are adept skills of lawyers, but also a remarkable contribution to the politicians, they drive the federal boat had a smooth one reef, will be taken to the U.S. Brilliant the other side of the world.

Yale Law School professor Anthony »Kelong Man in his book" The Lost lawyers "in the further development of the" lawyers politicians, "the concept of lawyer politicians will be summed up as" a wealth of practical wisdom and special convincing, and dedication to public service Is well aware of the limitations of human and political structures ".

Bar politicians can be said to be ideal lawyers in politics most typical manifestation of the law who is also the country's best practice, and this happens to be the practice in the world's number one power in the United States. The U.S. political situation in the slightest understanding of the people should know, lawyers and even the more generalized the legal people have already deeply penetrated into the internal political life of the United States, the United States political leaders.

It is precisely such a successful politician's lawyers to practice law all over the world who has brought the hope of political, so that lawyers become politicians ideals across borders in many other countries and regions to pursue the dream of legal persons, and China's Taiwan region can be said Is a very prominent example. Unfortunately, the situation in the Taiwan region of the practice seems to be ideal for lawyers and politicians who rule the law provides a practice runs counter to the counter-examples that Luo Zhiqiang and Chen Chang-wen issued a strong ask: legal, Why do not you Clear the Air » !

In this affect a wide range of works, the two authors of the cases detailed discussion of the legal profession in Taiwan in various sectors of the disappointing performance of these industries, including legal politicians, lawyers, prosecutors, judges and law professors. Focus on the author, it is quite legal access to the political status of the various after a disappointing performance, including the performance of course we are very familiar with the series of scandals. The criticism focused on the book series on the "role of« self-examination. "

Although the authors themselves were human law, many critics object or even their own students Gujiu, but the author did not ease the intensity of their criticism. But the author does not just stop at criticizing, as described by the author himself: criticism of the law does not Clear the Air is the end result of the law or how the people of the Clear the Air. Therefore, the next writer from Taiwan's long-term development of the rule of law and history of deep structure to tap the law were the reasons for today's performance and made some constructive proposals. Perhaps too strong moral criticism obscured the author in the law to save people's constructive proposals on the efforts, the book in the system of the building may have room for development. But as the author's own explanation: "This is not to discuss the ethics of the legal academic book", its greater significance lies in like cattle horsefly like to stimulate politicians indulge in an ideal realization of the Law Society's Feast of the law, it is not completely From the academic perspective to be judged.

In my case, another significance of this book is to provide a legal alternative for people of the country the practice of the report. According to Yao and Li Xue Feng Jianpeng "in the Health Law and the Taiwan independence elements ---- between the DPP a high-level study of sociology," the statistics, Taiwan's political leaders in the proportion of the legal person is not inferior to U.S. political circles, in other words, at least from Taiwan has achieved a form of legal person administering the country.

However, according to "legal, Why do not you Clear the Air," a book of Taiwan in recent years and described the political, economic and other aspects of performance, the law governing the country people in Taiwan and the United States to the effect of the practice formed a sharp contrast. As the author of the book are talking about, the legal person is not necessarily the bright light of the world is likely that the law is brought to the bright people in the world of darkness. From this perspective, the law governing the country who may be a blessing to the legal person, it is not necessarily good for society as a whole.

Author of the book will be the law of salvation lies in three aspects: First, the law and consciously reflect on. Just as in the introduction, "We will encounter many of life's crossroads, and every time, we all know which way is correct, but we never elected it, because we know how difficult it the right way to go ", The author of the book more pinning hopes on the people through self-examination to the law to choose the correct path, such high expectations has always been permeated with the full text.

Legal person administering the country in two different geographical fate has provided us with the legal people in politics to seriously reflect on the opportunity. In the new historical period, the Chinese people, particularly lawyers, law began in the political arena show people the advantages of the law, lawyers and participation in politics in the number and proportion has also increased. Lawyers not only around the "two sessions", but also in the country's "two sessions" on behalf of the number and proportion has gradually increased. The famous jurist, Professor Jiang Ping on different occasions, the lawyer's participation in politics to the prospect of high expectations and evaluation.

Therefore, it can be said that lawyers in politics, lawyers politicians ideal for the current China, is not far away. This situation is the emergence of lawyers upgrade the status of a welcome sign, the rule of law is also an important process in progress.

To build a harmonious society lawyers should do something

The emergence of human civilization in human birth of the long river of history is only a short Yishun, but the Chinese civilization in the world civilization has long Duzhanaotou. Until the 21st century, the Communist Party of China as the theory of building socialism with continuous innovation and explorers in the 16th CPC Central Committee and the Fourth Plenary, with Comrade Hu Jintao as general secretary of the CPC Central Committee at a new height to the whole Community, "building a socialist harmonious society" in the new proposition.

Although the concept of a harmonious society is our Party has recently proposed, but it is our party's absorption, inheritance and innovation of Chinese civilization one of the concentrated expression. Looking back at history, we can see that achieving social harmony and building a better society, mankind has always been assiduous social ideal, but also including the Communist Party of China, the Marxist party unswerving pursuit of the ideal society. For the pursuit of harmony, the ancient Chinese thinker Confucius put forward the "peace is precious," Mozi's proposed "and love." Until the 13th session of the Fourth Plenary Session of the future, in accordance with Comrade Jiang Zemin at home and abroad and changes in the form of proposed ideas on the promotion of social material civilization, political civilization and spiritual civilization joint development of the idea.

Therefore, our party proposal of building a socialist harmonious society, in line with China's traditional "Datong society" ideology, in line with the basic principles of Marxism and the scientific community on the socialist ideas of the Marxist theory on the socialist construction of major innovation .

Whether our rulers, or law research caught agreed that the essential requirement of a harmonious society and the value of the rule of law is completely in line, as a bearer of the promotion of democracy, rule of law-building process in the social mission of legal workers »« every one of us Lawyers can not answer ---- in building a harmonious society in what role the lawyers should be filled, bear any responsibility, what shape the phenomenon reflects the value of what should be how to do something »

First, lawyers should actively participate in politics, representative government, take the initiative to reflect the role of lawyers and values.

1, a system of lawyers and human development is a manifestation of the pursuit of harmony.

As we all know, lawyers are not the product of the development of socialism, but with the victory of Western bourgeois revolution, the establishment of the bourgeois democratic revolution in the national product. Bourgeois revolution of the Enlightenment scholars and thinkers of "natural rights" and "popular sovereignty" and "equality" and "freedom" and "love" and other new ideas strongly criticized the autocratic rule of feudal and barbaric system of justice, lawyers for the system The positioning and lawyers have laid a theoretical foundation. After the founding of New China, China's lawyer system although the initial set up, but because of feudalism, the far-reaching impact, while the existence of legal nihilism interference, the lawyer system has not really been implemented. Until after the reform and opening up, in August 1980, "lawyer" Interim Regulations on the promulgation of Chinese lawyers to be genuine development. January 1, 1997, "lawyer" for the purposes of further confirmed the legal counsel as a social worker's role. For over 20 years, Chinese lawyers to become a modern socialist construction and an important force in building the legal system.

2, lawyers involved in politics, participation in the legislative building of a harmonious society is to promote the internal need.

More than 20 years, China has been the cause of lawyers are advancing by leaps and bounds despite the development of personal living conditions have been more improved, but because of historical and institutional reasons, Chinese lawyers in China's political life and the status of lawyers is not in conformity with the proper role . Indifferent to the political, legislative let matters drift, is the current attitude of many lawyers. As everyone knows, any political party, any government in power, there may be deviation. The Government's lawyers as often sentiment, the implementation of the legal system of regular practice, the political and legal community in the operation of the group is the most informed, of course, have more obligations offer advice and suggestions. After the reform and opening up, China's economy has been rapid development in the process of economic development, the Federation from all walks of life there, all the adjustment of interests between the groups, people's thinking has changed dramatically, the interests of the main conflict between the interests of Inevitable. How to achieve the aspirations of all subjects of interest to reach a compromise, and the relative balance of interests, so as to eventually achieve social harmony, and this needs to have a positive as a lawyer, because lawyers determine the characteristics of the work of lawyers on the above social harmony to have a more profound factor Understanding.

Lawyers actively participate in national political life, legislation, law enforcement, the judiciary and other activities of a political organization to provide legal advice and recommendations to facilitate the conclusion of members of the society in various social relations, a compromise solution, so as to achieve social harmony. As a lawyer in the country's current political framework, we can not passively waiting for participation in political life, our rights, our voices must rely on its own positive as to strive for. Therefore, the participation in building a socialist harmonious society in the process, lawyers will be the realization of the value of occupational groups an opportunity.

Second, lawyers in the "socialist harmonious society, a new type of industrialization, building new rural areas", is a lawyer's sacred mission.

Taking a new industrialization path of building a socialist harmonious society is an integral part. Taking a new road to industrialization is not only China's industrialization path of innovation, but also the mode of economic growth of innovation and the development of philosophy and modern model of innovation. And building a new socialist countryside, is the use of the CPC Central Committee crack the scientific concept of development "three rural" issue of new ideas and new practice of building a harmonious socialist society is a strategic measure, but also enhance the well-being of farmers, will benefit the broad masses of peasants of the public works.

In advance of new industrialization, building new rural areas in the process is bound to touch on the interests of some groups, is bound to arouse their opposition, the group may also trigger conflicts, at this time, if handled properly, it may very well become the social factors of instability, The cause of social disharmony. The occurrence of various conflicts, often need lawyers often intervene in this process, lawyers is not only their own legitimate rights and interests of the defenders of the parties, at the same time, but also national laws, policies, the advocates. It is necessary to correctly guide the people according to law to safeguard its legitimate rights and interests, but also support our party's principles and policies, the two may sometimes appear certain deviation, at this time, lawyers not to talk about politics and the law, may be logical, ethical, Stresses personal interests, these are the various tests for lawyers, lawyers need to build a harmonious society of the need for re.

Third, the lawyers insisted to defend democracy, rule of law is an important factor in building a harmonious and means.

Our party of "building a socialist harmonious society" concept, it is our party on the socialist construction of another major theoretical achievements. However, we must recognize the reality is that in the social environment we live in, one way or another dissonance. We always understand that the Government organs at all levels were investigated and dealt with a large number of party and government cadres, the Central Committee Political Bureau, member of the local leaders, department leaders, to small grass-roots cadres in general, because of corruption, degeneration of life and eventually become the people's Sinners. The reason, ostensibly because of the greed of the perpetrators, deep-level analysis, we have to admit that the system is one more reason. And build a good system, we need to have a democratic mentality and the concept of the rule of law.

First of all, lawyers should take advantage of their professional knowledge and practical experience, to play the expression of democratic legislative role and pool. Our socialist nature, we need to determine the Democratic legislation should protect and realize the people's democratic will and aspirations of the people's interests will advocate of democracy and the rule of law in the framework of full expression, and then finishing pool, finally passed legislation to increase the will of the country . Lawyers need through various forms and channels to ordinary people's will and aspirations of a full expression, should be called for the adoption of legislative oversight, bound by government organs at all levels to exercise their rights of the methods and procedures, so that the Government is not the exercise of the power of the will of individual leaders , But the exercise of the will of the people. Only when lawyers of different interest groups, representatives of different strata and different aspirations of the will expressed by the various voices of pooled into the legislative basis for legislative decision-makers, democracy and the rule of law to reflect.

Secondly, through their lawyers should be the occupational characteristics of democracy, rule of law to the correct orientation and advocacy. The democratic rule of law as a sign of social progress, not innate. Lawyers should be the correct guidance of the democratic people's understanding and reasonable to expect that to influence people's legal knowledge and belief, the right to express their will and aspirations. For the public expression of the will is not divorced from China's actual situation and the existing conditions, or guise of the slogan of democracy and the rule of law to take illegal excesses, causing social instability. IMIS on the behavior and genuine democracy is incompatible with the rule of law, does not conform to the inherent requirements of a harmonious society.

4, lawyers adhere to maintain fairness and justice, build a harmonious society is an important guarantee.

That is fair justice, fairness and justice for the people to pursue a long time. In class society, through the struggle of the people, abolished the slave and his master, the monarch and the hierarchical relationship between the civilian population, won the fair; modern society, the rise of feminism for gender equality, the voices against racial discrimination has become more High and gradually formed a gender, race between the fair. In modern society, the existence of various departments interests of the conflict, the conflict in the interests of various sectors, among various regions of conflict of interest between different groups in the conflict of interest, the law advocated by the fairness and justice with one-sidedness. At this point, lawyers adhere to maintain fairness and justice is particularly important. Some departments, some industries and some regions, some groups because of the national policy toward the support of the Government, led at all levels of society between the unfair and unjust, which in a variety of disputes and disputes. Only as an independent professional lawyers, as have the professional background and knowledge of the unofficial industry characteristics, the lawyers have decided to challenge the power of the conditions. To safeguard fairness and justice, we should have the courage to challenge authority. Any society has the right to the checks and balances, checks and balances role of lawyers is the power of a civil force. At present most countries in the world will be seen as a professional lawyer fairness and justice and defenders of those rights protection. Because lawyers Yitiandaowan and exchanges between people from all walks of life, to understand the people's weal and woe, the community Baitai. Lawyers to save the weak anti-poverty, we must challenge the power of the Tam-yong burden for the realization of fairness and justice and struggle. Only by achieving equality of all walks of life, can we make our members of society sincerity, amity, vitality, stability, orderliness and harmonious coexistence.

The building of a harmonious socialist society is like a breathtaking views of the symphony, all members of society need to work together and meet. Build a harmonious society, a long way to go, this is a difficult and complex systems engineering, we need to pay long-term, arduous efforts. At the same time, this is also a human unswerving pursuit of the ideal. As this era's lawyer, to achieve social harmony, we should do something!

What are the foreign lawyers to Beijing for development

"Beijingers in New York" in a classic line: "If you love a person, he Learn to New York bar, because there is a heaven if you hate a person, but also send him to New York bar, because there is hell." Despite the drama read again and again, but has never been able to truly understand the real meaning of this line. Since Beijing has done its own lawyers, after the owners of a North bleaching, seemed to realize the true meaning of this line. Beijing is the capital of China, the longing for everyone, and everyone admired. Beijing is also a special liking for the local Chinese lawyers, it is learnt that at present Beijing lawyer total number to more than 16,000 people, the National Lawyers occupy one-tenth of the total number of more, and foreign immigration lawyer in Beijing is actually on the upper half. In North drift lawyers, some lawyers really flourish and some lawyers are Yijuebuzhen. Some lawyers for the North to wear gold-silver bleaching, and some lawyers for the North drift destitute. Although Beijing charming moving, but to foreign lawyers, it is not paradise, it may sometimes be hell to become lawyers.

What are the lawyers to study for the development of Beijing, which lawyers not to Beijing, obviously is of positive significance. To Beijing on the success of the development of lawyers carefully study found that lawyers for the following categories to Beijing.

Be good at grasping the opportunity, to Beijing for development. Department of life is often only a few steps crucial, especially when young. The fate of life, not everyone has, not everyone can grasp. In the beginning of reform and opening up, the banks to mobilize people to go home loans, but most worried that their shoulder a heavy economic burden, not to apply for loans. The team is now platoon leader, of seeking bank loans, banks are left pick the right pick, is unwilling to lenders. He really is at this time. Han bold several other people in the beginning of reform and opening up, became the first person to get rich first. Lawyers do the same, not always have the opportunity. Need to see eye to the need to take full advantage of bright opportunities. Yuecheng lawyers can be said to be good at grasping the opportunities the best. The lawyer in Beijing is not too much, in Harbin has Gongchengmingjiu the Yuecheng lawyers, boldly stationed in Beijing, in Beijing in 1996 established the Yue Cheng Law Firm. Came to Beijing, how development » Pong leadership, near the judges, which is very dangerous. Only publicity, is the most legitimate and most effective. He selected the "Legal Daily" and "the rule of law Evening News", "Beijing Youth Daily," "Beijing Evening News" four newspapers, sweeping from 97 to 99 has been the second half of the second half, two years to spend money to board a The first column. And all the rest of the media so that Yuecheng lawyers have the ability and the courage, the two sides easily reached a consensus, he gave the media free of charge to the Legal Counsel, the media give him free publicity. Including some famous radio and television stations that he should not spend a penny on the contract. This propaganda is too large. This is probably Xiangdumeixiang to the other lawyers. And by events, lawyers trying to promote their own free media, then it is wishful thinking. Yuecheng lawyers can seize the opportunity due to, and thus become a successful lawyer.

Have professional expertise, appropriate to the development of Beijing. People willing to pay a doctor linked to experts, encountered mechanical failure, people will hire professional engineers. 8 Wen-ping, size-fits-lawyers increasingly popular, more and no market. If there is professional expertise, coupled with Beijing's position, have greater thorny legal problems of customers, will be at high-priced lawyers hired experts Chushan. Professional lawyers will no doubt become more and more Xiang Bobo. Wang Liang only to the lawyers in Jingdezhen in Jiangxi Province are famous porcelain. He is holding its own in Beijing at the two monographs. Beijing after he found that house demolition is hot and difficult, therefore spare no efforts concentrated on housing demolition of the legal issues. At present, he has published the "purchase traps to prevent Legal Practice," "house demolition of Practice" and "demolition of housing construction focus of the dispute", "demolition of housing disputes and difficult treatment," "demolition management and operational guidelines for handling disputes", "the latest collection Demolition of legal operational guidelines "and other works of Law, will undoubtedly become a house demolition expert counsel.

Good at marketing, to Beijing for development. Market economy, of natural selection and survival of the fittest. In the market trend, the lawyers if not marketing, absolutely inevitable since its way. If the lawyers good at marketing, will undoubtedly become more the cause of his lawyer. Designer needs marketing, brand marketing needs. Wines are not afraid of deep alley, it has become old imperial calendar. Chimingzhongwai the Wuliangye Maotai also big advertising may be derived from this. Jing from Jiangxi to the development of Lvliang-biao lawyers, so lawyers can be said to be a relatively successful marketing. Lvliang-biao stressed that lawyers as professionals, should conduct a "dignified marketing." This dignity, reflected in the attitude of lawyers and wisdom, reflected in the lawyer's own dignity and sense of professional ethics. Gentleman's love money, in a proper way, lawyers and judges, is the same scene role in the legal drama. It is only through "a dignified lawyer marketing," or lawyers can achieve both business development and legal harvesting of human dignity and values. If you pay attention, you will find that almost every one to three years of Chinese lawyers and related activities, there will be Lvliang-biao lawyers shadow. He is almost ubiquitous, all-pervasive. Chinese lawyers in the forum, Lvliang-biao lawyers are chairpersons. In the legal publishing house "legal media outlets and the growth of China's rule of law," the seminar, made a keynote speech Lvliang Biao. CCTV produced by the "concern duty to amend" the special live program, Lvliang-biao lawyers are guests. Lvliang-biao lawyers were invited to CCTV International website, answer the audience's legal advice. Lvliang-biao lawyers invited to participate in the "Chinese Young Lawyers Forum", Sun Hung Kai floor speech to Beijing University Lvliang-biao lawyers invited to attend the Supreme People's Court, the National Association of the "media violations of civil honour, privacy," seminars and lectures. Lvliang-biao lawyers invited to attend the "judicial review with the Chinese international seminar on the future of constitutional government" and make a speech. November 2005 4-5, he was invited to attend "The Fifth China Law Society Forum," and argued participate in the main square as a thematic debate. Lvliang-biao lawyers invited to attend the "Legal Daily. Corporate" magazine "legal seminar on restructuring state-owned enterprises" and make a speech. September 1, 2007-2, 7th Forum of Chinese lawyers, lawyers were invited to Lvliang-biao entitled "Chinese enterprises overseas M & A legal risk and prevention," the exciting keynote address, and various praise. Tianchangrijiu, inadvertently, but Lvliang-biao Beijing 2003, but the success of the accident. As editor-in-chief in the Lvliang Gui-Ming Liu Biao "," I am against! "- The constitutional dimensions of the value of lawyers," a book described in the preamble: "The Law Society is a good at thinking, good at expression of occupation. He is handy in this regard, Home. He knows when to say anything, he knows how to saying well, he did not know why people say that the words. "Evaluation of this is true, this evaluation is highly

Government to employ nearly 100 lawyers to the Legal Counsel for whom

Civil rights lawyer is the spokesman and protector. When people's rights and interests are infringed, particularly in the face of strong public rights abuses, vulnerable individuals often need professional legal knowledge to help safeguard the rights and interests of lawyers. However, this rule, but in Horqin district in Tongliao City, Inner Mongolia has distorted. ( "Banyuetan" July 23)

According to reports, for many years, Horqin District government to rely on executive power to employ nearly 100 lawyers in the region as Legal Adviser, free of charge for government services. According to relevant regulations, employed in the government's lawyers, it is not possible for "the people were government officials" to provide legal aid. As lawyers resources by the government monopoly, the public demands in the local legal aid harder than impossible, employed lawyers is also a stomach grievances. The rule of law society to have a lawyer this occupation, and lawyers to do that is the basis of his client's behalf using their own knowledge of the law, safeguard the legitimate rights and interests of the parties, in this process will objectively for the rule of law society Progress and development has made contributions. The case of a lawyer by the government monopoly (whether it is "Bao Yang" or free occupation) "unique approach", the rule of law is a mockery of the community, and this actually is a government of "original", In particular, people think the unthinkable and horrific.

Why Horqin District government lawyers to the local "Clean Sweep" » Secretary for the Bureau of Justice original Liang Zhigui an interview with reporters proud that this "unique approach", the Government is taking the initiative to Fen You can directly reduce the rate of the higher authorities. When the duties of lawyers has become for the Government Fenyou, reducing the rate of the petition » Of course, according to the normal duties of lawyers, the objective is for the Government can play a Fenyou, reducing the role of the petition rate, but is by no means such as the Horqin District government through the power of such local lawyers will occupy resources to achieve.

Every level of government probably want Fenyou, petitions, the fewer the people », and this is normal. However, the sub-Fen You should do its part of the effort is to reduce its heavy work; lower rate petition, the Government should also work in little disturbing, the public injury happened , Little things do not appear fair, reasonable people without the necessary petition. May be the case in Horqin How does » Is a frequent violations of the interests of the masses, the masses do not want to petition, not the people to safeguard their own interests and fight the government during the lawsuit, therefore, the use of those legal experts to advise on the "less Reshi," and off The masses to the public during the official's lawyer resources, thus breaking the hope that the masses of the people were fighting the idea of government lawsuits. Now the Chinese grassroots and the masses, not a lot of grievances, who are willing to petition » Everyone knows that the Chinese people's petitions difficult road trip, if the interest was not significant damage, who would dare to the public during the official « And the balance of power between the government, has always been very poor, and the Government may have been the idea of the public official has taken on legal aid in drastic approach. 1 People's Government, not to focus on how to use the well-being of the people, but when used in damage to the interests of the masses, the people how to use the powers to deal with the masses, such a government, also called the people's government Mody »

To do so, in fact, the accumulation of a large number of grievances, in the manufacture of explosives, is interested in the formation of "Yansai Hu", if not solved in time, perhaps the outbreak of day will be, at that time, the local government will feel , In the end this practice is good policy or a scourge. From the Weng'an, Guizhou "6.28" to Yunnan Menglian the "7.19", in the short time between Dan Han people, the common point is that knowing it has slowly to "the explosives" in the accumulation of explosives, as A turning point and detonated. Horqin of this approach, is also not running in this direction »

The power of the Government to make good use of the Chinese Government, is still a pressing need to address good question.

INTERNET & INTRA Practi Government lawyers resources is a monopoly "ostrich tactics"

According to the latest one, "Banyuetan" the magazine reported, to prevent large-scale forced relocation due to lead to the "public official during the" litigation, Tongliao City of Inner Mongolia Horqin District government has created a quite proud of their "unique practice": for many years to All the district general counsel appointed District Government Counsel, the local lawyers as a binding contract, forcing lawyers will not be allowed to "the official was" the plaintiff to provide legal services.

Horqin District government's initiative is known as the "unique." The past, some local areas in order to prevent a large area, "the official was" the proceedings, one way is through certain channels to exert pressure on the court, the law shall not be admissible in such cases, although the admissibility or contractors but not against government; Another approach is directly through the administration of justice department lawyers to exert pressure on local lawyers may not be ordered agents such cases. As the District Court failed to fully shake off the constraint of local governments, and local judicial and administrative departments of local lawyers to manage power, the two approaches are often able to receive immediate results.







Specific analysis, is actually the first to use administrative methods to intervene in judicial activities in the Context of the rule of law is very shameful, and the second to lawyers for violations of the rights of practice, said it is also very good. Well now, Horqin District government with great vigour, in one stroke to seven area law firm of nearly 100 lawyersn year the government appointed legal adviser, in accordance with the signed employment contracts, these lawyers as the legal adviser to the Government, shall not At the same time as the agents sued the government side. As a result, the Government has no direct use of administrative means to interfere with judicial, not a direct violation of the rights of practice of lawyers, but through the social market economy and the rule of law means the requirements of the contract, the successful implementation of the Law Society of the area's monopoly and control of resources. Reported that there is such a "sharp sword Gaoxuan", the lawyers are afraid to "irregularities" accept "the official was" the case. To the contract means the form of monopoly local lawyers resources, the surface, than direct intervention by the judiciary, lawyers violations of the right to practice more gentle, but the mandatory government in which power plays a key role, but almost no change. The local lawyers are so "I Gou in the" employment contract is in fact a King contract, all the district's lawyer also signed a signed, executed not have to sign, such as the Bureau of Justice leadership in Horqin District regular education lawyer said, "Who Duizhuo Gan with the Government on the ground should not even think about mixing. " Clearly, the Government signed employment contracts with lawyers, but to look good in some form, if necessary, direct use of the aforementioned second approach, the use of the judicial administrative power "repair" disobedient lawyers, there is no substantive difficulties .

Government lawyers in all directions monopoly of the local resources, undoubtedly, "the official was" the plaintiffs to seek legal services has created enormous obstacles, whether the latter is to hire a lawyer to the field, or forced to become self-learning "legal specialists" single-handedly lawsuit, Will pay a very high price. Government assumed that, if things continue this way, enough to make the plaintiff to abandon the "public official during the" aspirations and clear: Guaiguai. Facts have proved that, in many cases, the Government has underestimated the will of the residents of IPR protection, but also underestimated the residents to bear the cost of IPR protection capacity. If the blockade of a local legal services market will be able to eradicate "the official was," If the solution, "the official was" the problem was so simple and easy, it almost does not matter the government can not be done.

In this incident, Horqin District is the largest unwise, they did not realize that if a free hand to lawyers as "the official was" the plaintiff to provide legal services, not only is not in "with the Government Duizhuo Gan," is not in a given community Tianluan precisely On the contrary, lawyers are the most knowledge of law one of the groups and also the most respect for the rules, the most willing to maintain order one of the groups, represented by counsel with the lawsuit plaintiffs, is to guide residents take a rational, law-abiding, self-restraint, the order of the road to safeguard their rights To help residents through legal channels remove tension and reduce anxiety, the release of unrest, is in the way of law easing social conflicts, sharing the Government's pressure to maintain social stability. Instead, the government monopoly of the local lawyers resources, artificially increasing the cost of legal residents safeguard their rights and narrow the space for residents of IPR protection in accordance with the law, which is likely to add to the residents of tension, anxiety and anxiety, in turn is likely to intensify social contradictions and increase in government The burden is not conducive to social stability. Ostrich trouble or danger, will not consciously head Zhajin the sand, thinking that could have been avoided trouble and away from danger. Government monopoly of the local lawyers resources, residents blocked access to legal services to that can effectively prevent "the official was" litigation, the residents unconditionally give up IPR protection efforts, the Government is finally available "to defeat the enemy's military," Yongxiang harmonious and peaceful. This is a typical "ostrich tactics", behind the trouble and danger can not be automatically cancelled. As soon as the parties concerned should change their concepts, correct understanding and correct this runs counter to the principle of the rule of law and harmful to social stability in the wrong practice.

The commercialization of the lawyers thought

[Content] lawyers with multiple attributes, we often fail to see lawyers attribute the market, can not see in the market on its own professional activities for their own survival and development to work, and more is to see a political and legal workers. The commercialization of lawyers under certain conditions can contribute to achieving the objective of professional lawyers, business and professional lawyers is not the inevitable enemy. Professional identity of the lawyer's legal status After changing, it brings lawyers and the psychological impact of the survival and development are several ways a few volts. China's industry lawyers existing commercial system is the problem of many issues, not simply lawyers or lawyers moral standards of quality problems. In order to reverse the law and give up the business and market trends Reconstruction lawyers social responsibility, strengthening the professional lawyers values education is certainly important, but more important is the system from the start, legislative positioning.

Key words: lawyers commercial source of social responsibility Reconstruction

First, lawyers commercial merits

The sixth East China Law Society Forum and the Fourth Forum in Fujian lawyers thesis topic in the assembly theme, which is a reference topics are: "the social responsibility of lawyers and business lawyers", the author may wish figured out later that their Italian, who Proposition Tell whether the author, in these two different values of justice against Lee in the proposition, how to choose or coordination.

October 2007 in Beijing the "Marketing and Management - 2007 lawyers elite Forum", from Shenzhen in Guangdong Chinese Entrepreneur Shu Weidong law firm of lawyers made a "marketing planning and brand strategy is to build technology commercialization firm the only way ", Which Beijing Bar Association chairman Li Jin frequently made veiled criticisms, repeatedly stressed: unscrupulous lawyers into the commercial competition, profit for the purpose of constant pursuit of personal interests, will break through moral bottom line, and to pay a heavy price. At the meeting, Li Jin lawyers immediately said to be a good lawyer will Shu Weidong, of commercial lawyers in the end is nothing. [1]

Beijing High Court Vice-President Liu Jinghua lawyers pointed out that the commercialization of performance in: inappropriately high fees for access or sustainable access to the source, some of the "pick v." or "tired v." way, it will surely Claimants as possible to win points in a row or to the proceedings; Some of improper actions contrary to the Wishing; some violation of law and the rules of evidence blindly cater to the wishes of the parties; under some level of charges or whether, the decision to choose cases As well as to and responsible; some lawyers do not want to engage in legal obligation to aid. He believes that: a recognized fact that China is currently 90 per cent of the criminal, civil, administrative various types of cases without a lawyer involved in, so many of the parties did not please, please not or can not afford lawyers to the main reason is: solicitor's fees too high , The overwhelming majority of litigants will be entrusted to lawyers as a "rich man's extravagance move." [2]

Well, lawyers, for whom the services you » If the answer is for the rich or at least to be able to afford legal fees of services, this answer not surprising, because lawyers are paid services, legal fees charged by life, not for the rich, not to pay Those who can afford legal fees, lawyers how to resolve the livelihood » [3] Professor Zhang Weiping said: Bar is a characteristic of some is to serve the interests of the parties, the parties must be within the legal framework in the best interests of the struggle. On the one hand, is a good lawyer to seek legal parties in the best interests of themselves are able to achieve the greatest gains. We do not deny access to lawyers for the best interests of the parties at the same time, lawyers are pursuing their own interests, lawyers do not pursue their own interests, lawyers have no power, no action has the wisdom, it can not survive and develop. [4]

In 2003 Shanghai held the second session of the Forum on the China Law Society, a "Chinese lawyers industry should cultivate scholars of lawyers" to the freedom of the Moot, [5] anti-party "Tanzhu" clearly advocates and their supporters : Lawyers to provide legal services to the businessman, is doing the practice, lawyers make money should be the main target of the so-called scholars, with the NPC deputies and CPPCC members, only one sign, similar to old businessman donated officials, is to put it bluntly Lawyers to raise their social status. [6] It should be noted that the current industry lawyers have this view of the minority, industry lawyers hope will expand to an industry also many people.

Yu Ning, president of the National Lvxie in "marketing and management - 2007 lawyers elite forum" in a speech opening ceremony, he said: "I think the lawyers that he attributes to the multiplicity of laws is the country's social workers, is The party's strength. Apart from the political attributes other than at the same time there are social attributes, we called the new social strata and the new social strata is 24 times last year, the party's national meeting on united front work, from a social point of view of social class attributes. Is more important The lawyer or professional workers, with their own professional in the market for social services, is the main market, this is a very important point, the concept can not be ignored. We often see lawyers attribute the market, could not In the market to rely on their professional activities for their own survival and development to work, and more is to see a political and legal workers, this time on a different brand awareness. "

China Central Television on June 3, 2008 broadcast today that a case: "" sun drying, "lawyer's fees", said Guangxi is an agent of two lawyers who claim compensation for injury paralysis of the case, lawyers with three and a half days Time to risk agents from the compensation of 270,000 yuan, 110,000 yuan access to the risk of legal fees dispute case. China University of Political Science and Law Society director of the Center for Research Professor Wang Jinxi Comments lawyers in the high-fee issue, said: "lawyers for the services of commercial properties, it has paid and paid and such public interest can be combined with organic, so A society, not only for food, clothing and worry about the lawyers, can more in line with professional ethics uphold the law, safeguard the legitimate rights and interests of citizens. Therefore, from this point of view, an affluent sectors of society, a prosperous lawyer class as a whole Speaking community is not a bad thing. "

China's industrial structure in the community as a whole, the Law Society has developed into an independent industry. Bar industry in production, will mean that the pursuit of commercial interests to maximize the tendency means that commercial lawyers have been inevitable. The rule of law is the foundation of a modern market economy, lawyers can not be divorced from this reality and seeking personal survival and development, and this is a fact. The commercialization of lawyers under certain conditions can contribute to achieving the objective of professional lawyers, business and professional lawyers is not the inevitable enemy. [7]

Second, lawyers Why would commercial

The past 10 years, Chinese lawyers since the industry ushered in the restoration and reconstruction has been an unprecedented development, not only the number of lawyers and solicitors to rapid growth in business, lawyers have access to the income increase rapidly, but it is undeniable that in the course of practising lawyers in the exact There is a pan-business trends in all ranks of lawyers "to see the money" is very prominent, with Mr. Zhang Hua as saying that "the subject of serious dry, the subject of small Hunong dry, unnamed non-profit stem not stupid." [8] because there are some lawyers did not find the correct value of coordinates, in the practice of "money first" principle, the subject of high economic Zuanying the "money cases" and even with the complicity of law enforcement officers, in order to handle large number of illegal benefits "relationship." , Tilted the legal balance, devoid of a moral conscience. [9] In response to this phenomenon, once elected as China's Ten Outstanding Young Persons of Jurists GU East Counsel said: Although the individual interests of lawyers expansion of the actual tendencies in any society are there, but the actual conditions in China, this tendency More significantly, "in the search for maximum profits this point, law firms and enterprises, lawyers and businessmen almost no essential difference between." [10]

Why is there if the scholars pointed out: "In the development of the industrialization of the lawyers at the same time, many lawyers are more and more attention to economic interests, rather than fairness and justice." However, when we review the excessive commercialization of lawyers when more is attributed to the lawyers professional values, but very little from a deeper level to explore the root of the problem. In fact I should say that China's industry lawyers existing commercial system is the problem of many issues, not simply lawyers or lawyers moral standards of quality problems. This issue of corruption and public officials is the same, we used to corrupt public officials will be summed up as "relaxed learning", "The social impact of the unhealthy practice", but rarely find the reasons for the system, such as the system is designed so that they easily corruption, They have the absolute power without supervision, the system itself to offer them the opportunity and convenience, and so on. [11] China's legal counsel from the country's workers to provide legal services for the community of practitioners, the career lawyers on the status of legal status After changing, it brings lawyers and the psychological impact of the survival and development are several ways a few volts. These topics and lawyers to survive the status quo also triggered a lawyer of their own role confusion.

1980's "lawyer" Interim Regulations on the lawyers targeting the country's legal workers, lawyers and ignores the commercial property industry. Chinese lawyers to develop industry, the state failed to so much money to feed the lawyers, lawyers to the development of industry, from 1980 to 1986, industry lawyers example is the slow pace of development. The late 1980s we began to reform, the reform of an important direction is to break the iron rice bowl, lawyers have to move toward the market, their support themselves, in which case the progressive development of Chinese lawyers up. "[12]

1988, the state lawyer system began a major reform, the implementation of cooperative law office. Since then, the law firm no longer only "official" and began a civil nature of the law firm. State Bar of the civil servant status, gradually taking place in "quantitative change." 1992, the State Council issued "vigorously develop the tertiary industry's decision", the legal services classified as tertiary industry in the modern service industry consulting industry. 1993, the Ministry of Justice in the "lawyers working on further reform of the views" on lawyers in the system reform, the new requirements of law firms and lawyers should reflect "the two not four," features: "No country establishment and funding of voluntary portfolio , Zishouzizhi, self-development, self-restraint. "1996" People's Republic of China Law Society Law "will direct the Law Society as a" community legal workers, "Since then, lawyers formally withdraw from the national civil service. [13] in 1997 the 15th Party Congress report, the lawyers as "social intermediary organizations", [14] the lawyers out of the "law of the country worker" status, lawyers will fully into the market, lawyers can not be from States take a penny, but also to the large number of countries to pay management fees to law firms are implementing enterprise management, the so-called "Zishouzizhi, self-financing." In such circumstances, lawyers and law firms to start giving the fees to maintain social survival and development. "Social intermediary organizations" and enterprise management, under the premise of countries to encourage and allow lawyers and law firms on the market to make money. [15] August 2000, the State Council in funding requested by the decoupling of the restructuring of the document, the lawyers will be defined as "social intermediary legal workers." 2004, the Ministry of Justice to allow lawyers and law firms to do business ads. Chinese lawyers on this step by step to the market. China's affairs, often an overkill, in the past, we do not know what is the market economy, is now a market economy, always all "to see the money", all things are composed of economic indicators to measure. This is the lawyers, lawyers management as well.

In the role of lawyers in these changing circumstances, the lawyer's thinking and values will be what kind of impact it »U.S. psychologist Maslow published a" theory of human motivation, "a book by a famous person Level of demand. In his view, there is a demand for people from low to high levels of development. Low levels of physiological needs is necessary, followed by up security, love and belonging, respect and self-realization is the need. Self-realization that the creative potential and give full play, the pursuit of self-realization is the highest motives. In accordance with the natural characteristics of human nature, as long as there is for personal interests, always there to maximize the pursuit of the case, lawyers career as well. While modern society ruled by law lawyers have been in a good education, although modern society requires lawyers to safeguard social justice and safeguarding the national laws of their sacred mission. However, lawyers in public life as a community of natural persons, difficult to avoid the pursuit of personal interests to maximize the existence of the tendency of this tendency in the country's political, economic and social system and operational mechanism of the ideas and concepts in the rapidly changing Time is particularly evident. The pursuit of individual interests and the nature of the mission of lawyers is inevitable that the existence of internal conflict. [16] Yale University School of Law Dean, Professor of Law An Suoni T. Kronman that: the people to choose a legal career for a number of reasons. Some people for money, some people in power and prestige, or at least a small number of people in order to achieve their political ideals and become lawyers. [17] and today's Chinese lawyers, as lawyers for the system, lawyers will be located in social intermediary service, a real "business law," lawyers throughout the group's political status have been marginalized. In such a distortion of the absolute poor positioning of social circumstances, lawyers can not be achieved political and legal vision. As systems makes the marginalization of lawyers in the central system of inaction, [18] Thus, Han Deyun lawyers that the lawyers of non-official capacity of the Law Society first need to determine their own economic role to play, in an increasingly market-oriented society, to become self-reliant in Economic Man.

Pan Zhiheng in "How to maintain the lawyer's sense of mission," the article said: "The lawyers do not live in a vacuum, he is a member of the community, is bound by the social environment and social impact. In a power politics, money omnipotent, bribery of public Line, the rampant spread of corruption in society, requested the Law Society exception, Clean, with the sludge is not unrealistic, and in a seek truth, the pursuit of justice, fair competition, all law-abiding society, lawyers not only foster a sense of mission Possible, but is logical. Article that the establishment of fairness and justice of the social environment and to develop good citizens awareness of the law is a lawyer to establish and maintain a sense of mission of the social infrastructure. [19] We are not wrongful for a number of defence lawyers, but stressed that Lawyers in the industry to establish a scientific and rational system of the importance of [20]

Third, the social responsibility of lawyers Reconstruction

Chinese lawyers of the status quo is not conducive to the development of lawyers, both lawyers set up the system on the issue, but also the country's political system and personnel system problems, involving the "lawyer" and the Basic Law also involves other, in order to reverse the law and give up the business and The tendency of the market, reconstruction lawyers social responsibility, strengthen legal counsel mission is more important to start from the system, the legislative orientation.

1, in the legislative and institutional design on the status of lawyers and the legal profession re-positioning and decisively to abandon the "intermediaries" qualitative. In almost all countries the rule of law, lawyers are the operating mechanism of an important part of the legislative counsel without exception, will be characterized as one of the members of the judicial system. This system design and legislative provisions will direct the lawyers to avoid the same general social practice, the entire industry as an intermediary institutions and economic organizations of error. China's process of rule of law if there is no involvement of lawyers, not that important democratic forces to join, is inconceivable. Similarly, if this is the only important force in the practice of intermediary organizations, rather than the pursuit of fairness and justice for the mission of a contingent of checks and balances, is also difficult to achieve the objectives of the rule of law.

2, the lawyers professional Congyierzhong change the fate of the establishment of lawyers into the flow of political and judicial mechanisms. With such a mobile promotion mechanism, it will not only lawyers, "Qian Tu", a large number of talents will have to design their own plans, to the lawyers in their development to achieve their political ideal, this can increase the ranks of lawyers Overall quality and training for the national legal talent. The modern sense of the first as a lawyer system and the political system, because lawyers have the power system of checks and balances system of supervision, while the world was seen as an important legal construction system. Western countries also shows that development of lawyers, lawyers are the most important political state of human resources.

3, establish a legal professional community of faith common law, legal knowledge, legal thinking and the legal profession ethics. Gong Jianfa are both lawyers and legal occupational groups, but the legal professional community of legal culture is far from being formed, healthy professional relationship has not yet been established. In reality judicial officers to the status of lawyers with a strong sense of superiority, the lawyer's personality had not been given due respect, the lack of adequate representations, and therefore in many cases, "court" has become "a relationship" that the overall level of lawyers and lawyers The lower level of operational capacity. Therefore, the law, lawyers and Gong Jianfa should be a highly professional, and professional integrity of the legal professional community, among before the law should be legal knowledge rather than on their power to judge the standard size, treat each other in things Or dealing with disputes, use the same way of thinking and the common evaluation system, the results can form a rational expectations. [21]

4, the current poor environmental lawyers, social status is not high, of course, depends on the improvement of various objective factors, such as improving the judicial system and change the concept of law enforcement, and so on, but the lawyer team of subjective factors are more important. Chinese lawyers must truly realize their social value, only can we improve the social status. In order to achieve the social value of lawyers, we must all my colleagues in the common mold the character of Chinese lawyers lofty image, a good professional image to gain a good social reputation, can enhance social status, in turn, promote the practice to improve the environment, promising to One. [22] lawyer should always remember their career mission, to assume the solemn responsibility of the community.