China lawyer system               Xia Lichang (2010.6.20)

   China is from when to begin to have a lawyer? The answer is not uniform, because everyone on what is understood not a lawyer. Here to talk about what is a lawyer.
   At the end of the Qing Dynasty Empress Dowager Ci Xi, Yuan Shikai before the implementation of the new deal, Chinese "this occupation Songshi", the main work is to help people to write the complaint, had not officially appear in court. More famous Yang Naiwu, Chinese cabbage in the protagonist Yang Naiwu is the level of Songshi, his case finally to Zhao Xue, he is familiar with the law and with large write a hand pettifoggery complaint.

   If you think he is the modern significance of lawyer, the Chinese lawyers history.
   A textual research, Chinese earliest "lawyer" for the Eastern Zhou period Deng Xizi, he taught people to action, and charge a fee (in modern terms, that provides legal services to the society). But Zichan blamed Deng Xizi for "illegal, and before the king does not matter, and the good metallurgical monster said" ("Xunzi twelve", non), but so will kill. Visible, that is not recognized by the official (at least morally) "lawyer" occupation. In other words, a "lawyer" occupation, but not a legitimate occupation. Han Ming Di, doctor Wei Kai setting "Dr law", the emperor adopted this recommendation. At this time, the official set "lawyer" (DR law) is a legal occupation. After the Tang Dynasty, there are a lot of no inhibition on the statutes, punish shyster Zi lawsuits (modern call the lawyer picked the litigation) regulations, such as the prohibition of "to make a speech discs plus shaped", "an accused. Virtual" provisions. Qing Ming, with no "abetting resignation" provisions, writing a complaint for others, like inner slightly exaggerated false, that allegedly have access, write like people (such as Songshi) made false accusations on crime. "Qing law" stipulates: "generation write like pinch, abet or help to Beijing to carry and governors and press secretary at each observation, say to the people, a false, and falsely ten or more, all ask hair near edge exile." "Songshi instigating litigation damage people, the government can not check with no visitors, such as the only failure to perceive, as usual, yan. If not, the boss will take the government as interview, the club did not take an example, Ministry and sanction." For the reference and may contribute to the litigation lawyer books also were prohibited, generation write complaints repeatedly, even without malfeasance, should also be punished. The lawyer (lawyer) almost completely illegal occupation. Although the Qing Dynasty had established Guanting license (now called the administrative license. At present, the lawyer every year to carry out registration is an administrative license, the Proctor system), by government organizations on the complaint, but this system was later banned.
   Our country in the past because of Songshi severe surveillance or simply ban, has summed up two reasons. One reason is that, China's traditional concept that "litigation is fierce" harass the people and waste money, check evidence of both parties at court, a lawsuit generations of Chou, should try to solve (silence), and finally to end litigation non litigation. But he often empty pick litigation, litigation in the heart to cause Xing, is not ancient, will people into you, make people uncomfortable, the restless, affect social stability. Another reason is, as our focus on family values of the judicial system can not be. The emperor is the people in the world is a world of parents, (family), the emperor's words is the highest law; clan elders chiefs, the exercise of the patriarchal clan authority, sometimes a word can decide a kind of life and death; the party bureaucracy is the District People's parent, judge fault is between parents and children household chores, outsiders (on) the best not to meddle. Mr Zhang Weiren said: "because our society take the family as the unit, many systems are the family as a model, so is the judicial system. The judges disputes as parents with children between. In the general case, as long as the children the facts clearly, parents may be appropriate to deal with. If the child complained endlessly, although is not necessary; if it please the outsiders to help debate, even more absurd. Such blacksheep is to be learned, and the challenges of osteosarcoma, with non outsiders should from punish severely denounced, or parents about parent-child majesty, Bo Xi repeatedly, not only will not home, the whole society will be disconnected." I'm here to add another reason: on the one hand, a lot of Songshi use their know Court (official) laws and procedural conditions, the parties do not understand the law and litigation procedures, or a negative dispute case, Qiao Yan stirred up, many do, reap profits from, or more Songshi Yin cheat, from Party there to extort money; on the other hand, Songshi handling cost (intelligence costs and material costs) can be really high, and these costs are often no need to let others know, but afterwards, most of the parties that he didn't do the work, not play much role, that the lawyer fees are too high, there is a is he feeling of blackmail, those who spent money please lawyer finally lost the lawsuit (in case of losing is not necessarily a liability litigation) party, this feeling is even more intense. Since ancient times, he is often called the "shyster" or "evil Songshi", is a case in point.
   (Here a section of my topic: in fact, several reasons stated above, and some are still not out of date. In China, both ancient Songshi, or today's lawyer, reputation is not very good. Now, there are still some lawyer called "shyster" or "evil pettifogger". At present, the lawyer is still much admired occupation, often envy is a lawyer "substantial" income; the lawyer occupation still many people respect, this respect is because lawyers are generally have the knowledge, knowledge, understand the law, understand the complicated social phenomenon occurrence mechanism of people but pure, because the lawyer is reason belong to "high income" group. And now that the whole society to civil complex similar, although generally on the corrupt officials and public servants work. Plus, some government officials reputation is not very good, but this does not affect the people envy of civil service posts, also do not affect everybody for their "respect")
   If you think he is not in the modern sense of law, are strictly in China lawyer activity, should be after the Opium War of 1840 things; there is China local lawyers, is Xin Hai revolution matter.
   The Western powers through unequal treaties, in addition to set up in China many ports and concession, still Chinese made the extraterritoriality. Here to talk about what is the extraterritoriality. Extraterritoriality that consular jurisdiction. In nineteenth Century, the Western powers had Chinese, Egypt, Japan, Morocco, Iran, Thailand and Turkey, to the "uncivilized" countries do not have the ability to make a fair trial for, given their consular has the right to handle all concerned with expatriates in civil and criminal cases, and the judiciary have no right to interfere. Extraterritoriality is considered to be a violation of the sovereignty of the host country. Consulates to its own nationals, involved in civil, criminal cases of judicial judge. The trial, natural according to "civilization" program, therefore, must have the participation of lawyers. The concession in Shanghai, Tianjin, etc., have foreign lawyers in the activity. When the foreign law in the scope of activities China even more widely. In 1895, after the signing of the Treaty of Shimonoseki Jia Wu war "", legal adviser signing Secretary Li Hongzhang hired is a American lawyer, he long in the Chinese activities.
   Besides China local lawyers appear.
   Geng Chen incident (the Eight Power Allied forces in 1900 in Beijing), Qing Dynasty finally began to substantive significance attached to the trend of the world. In July 20, 1901, Liu Kunyi, governor of Liangjiang Governor General Zhang Zhidong, joint will be playing the "Jiang and Chu will play three fold reform", asked the court to amend the law. In 1902, Yuan Shikai also played please reform. In September 2, 1905, Yuan Shikai, Zhang Zhidong petitioned the abolishment of imperial examinations, in order to promote school, salty hasten shixue. The Empress Dowager Ci Xi Chao - since the beginning of 1906, all Xiang try will stop, the old exam is stopped, and the school secretary quickly issued various textbooks, instructed the governor Li Tong Chou, County House Office of careful and precise hurriedly to rural-urban throughout the times set by the small school(at this point, in the China history lasted 1300 years of imperial examination system was finally abolished, imperial examination and school education is to achieve a complete separation).

   1906, announced the preparatory constitutional reform. Procedure law minister Shen Jiaben, according to the western judicial system and referring to Western (mainly referring to the Anglo American law Wu Tingfang), into a "big draft of criminal and civil procedure law", the lawyer qualification, application procedures, sworn in, the Lawyers liability have provisions. But the governor said the law does not meet the China reality, inconvenient execution, the method is used, the lawyer system failed to actual formation. The reform, established Dali Institute as the highest judicial organ. 1907 promulgated the "pilot" at all levels of court rules, regulations to implement four at three levels, the civil case of private prosecution, litigation costs and agency. In 1910 April, the viceroy Yuan Shuxun had opened the lawyer seminar, to court played "quasi open law study class to practice", "for the sake of Tong min hidden subsidies, right side", asked the court "to dismount, carefully examine and discuss, modeled on the Japanese apologist, a lawyer law; a pass to the provinces the trial chamber, quasi by lawyers in the interrogation, and analyze the lawyers involved in litigation benefit". 1910 promulgated the "Organic Law of court" officially recognized the legitimacy of lawyers activities, and the lawyer in criminal cases defense provisions. "The court verdict" in the "articles of association" includes the "Jiangsu lawyer general association", states: Jiangsu has formulated the "Provisional Regulations" lawyer, always meeting hall is located in Suzhou city. The lawyer and lawyer system at least got official approval in 1910.
   In 1911 Xin Hai revolution after the establishment of the Nanjing provisional government. In March 2, 1912, "interim government gazette" published Nanjing temporary government of President Sun Zhongshan for the "reply" lawyer law "draft: check the lawyer system and the independence of the judiciary. For the passage, as we all civilized nations, which have set up bar, you should seek legal consultation, according to." Sun Zhongshan had ordered the legal bureau audit complex was "lawyer law" (draft). Later Beiyang government promulgated the "Provisional Regulations of lawyers", a total of 38, made specific provisions on the lawyer system. This is the first part of our country's lawyers, and marks the establishment of the system of lawyers in china. Since 1917, the Charter has been revised many times, in 1927, the KMT government followed the Beiyang government lawyer system, lawyer announced "articles of association", and abolish the "lawyer" Interim regulations. Begin drafting the "Lawyers Law" in 1935, it was announced on 1941 implementation. The same year, the Kuomintang government promulgated the "Regulations" and "lawyer law on disciplinary regulations". 1945 promulgated the "lawyers examining methods", make the lawyer system standardization.
   Zhang Shizhao, Dong Biwu, Shi Yang et al., is the period of the Republic of China lawyer.
   In 1949 February, the CPC Central Committee issued "on the abolition of the six laws and determine the judicial principle" Jiefang District's instructions, declared a national government lawyer system is not suitable for Jiefang District. In October 1, 1949, the people's Republic of china. In 1950 July, the State Department announced the implementation of "people's Court Organization rules", states: "the county (city) people's court and court cases, should guarantee the defendant has the right to defence and asked people to defend the right to." In December the same year, the Central People's government issued a "ban black lawyer and event notification.". In 1954 September, promulgated the "people's Republic of China Constitution", with "the accused has the right to defence" content. With the promulgation of the "court organization law" stipulates: "the defendant besides exercising his right to defend himself, can also entrust a lawyer to defend him, can be introduced by a people's organization or citizen approved by the people's court to defend him, can by the defendant's close relatives, guardians to defend him".
   In 1956, the State Council officially approved by the Ministry of justice "on the establishment of the lawyer's report". Launched the lawyer system. But now lawyers, its role is limited to serving as a defender.

   In 1957 July, the Ministry of justice in "about the trial court organization system in several issues notice" specified in Beijing, Shanghai, Tianjin and other places trial lawyer. Since then, the country has 19 provinces, city, autonomous region established Lawyers Association, and have a professional lawyer 2572 people, part-time lawyer 350 people.
   In 1957 the anti rightist struggle enlargement, the majority of lawyers for the defense of the accused, was that "lose their class stand", "bad words", is divided into the right wing. The lawyer system began to cease to exist except in name. After the cultural revolution in 1966, the public prosecutor, was smashed, the lawyer system is all gone.
   In 1978 after the Third Plenary Session of the eleven, democracy and the rule of law began to recovery and reconstruction. In 1979, "criminal law", "Criminal Procedure Law" and other seven important legal publication. "Criminal Procedure Law" provisions on listed defense lawyer, affirmed the fundamental role in criminal proceedings, restore the defendant advocate and lawyer system. In 1979 September, the Ministry of justice reconstruction. In December 9, 1979, the Ministry of Justice issued a notice on the restoration of the lawyer system. In the notice before, all have already started by the court to, set up the lawyer system and Lawyer Association work. In the notice down, the country has 212 lawyers. In 1980, Deng Xiaoping made clear to the development of lawyers, the lawyers system recovery plays an important role in the development. In August 26, 1980, the five NPC Standing Committee adopted the "Provisional Regulations" lawyers, the first time a law to regulate the lawyer occupation behavior, standardizing the organization. The same year, the "Gang of four" trial the defendant lawyer, which makes the whole society know the country with law.
   The lawyer Kumi was deposed, the shortage of lawyers in the country, the Department of justice is the only solution, "assessment", not strict qualification certification, will direct the following short-term training of personnel, and then "appointed" for lawyers: 1, from the court, procuratorate of people; 2, from the law teacher colleges please; 3, back to the fifty years old lawyer; 4, professional cadre troops. Even so, by 1986, the country has only thirty thousand level uneven lawyer, huge gap also from hundreds of thousands of lawyers Deng Xiaoping requirements. These "lawyer" work in the office of legal counsel of the Bureau of justice, because the country did not a law firm. The law belong to the state public servants (state legal workers), many lawyers have administrative levels, or lawyers, many family lawyer.
   In 1983, Shenzhen established the first law firm (of course is the state owned). Why first established in Shenzhen? Because when the foreign businessmen and enterprises to provide legal services in the name, legal advisory office administration bureau of justice, is a word is not suitable, or a law firm in the name of justice. So far, the national unified call law firm.
   In 1984, 1985, Jiangxi province carried out four times for the whole society to the examination for the qualification as a lawyer, lawyer tried to carry out the administrative examination and approval system (admittance qualification).
   In 1986 January, the Ministry of justice submitted "on the strengthening and reform of lawyers work report" to the State Council, proposed to the implementation of the national examination for the qualification as a lawyer. March 26, 1986, approved by the general office of the state council. In 1986 April, the Ministry of Justice issued "about the unified examination of the national lawyer qualification examination notice", defined as "internal", only the judicial system can reference.
   In July 7, 1986, the all China Lawyers association. The establishment of the National Lawyers Association is not the Justice Department agreed, is the Secretariat of the Central Committee held a meeting to discuss the Decision Conference in Beidaihe in 1985.
   In September 28, 1986, the first "examination" national lawyer qualification examination for the judicial system, 10000 more than 5 students went into the examination room, ten thousand people get through.
   In 1988 September, the second "examination" national lawyer qualification examination for the whole society.
In 1988, the Ministry of justice trial organization reform law firm, the firm (the national capital) into cooperation. The reason is that before the property right is not clear, there are problems in the operation.
In 1993, the Ministry of justice to the partnership law firm reform. The firm has three kinds, respectively is firm, partnership, partnership. Lawyers have full-time and part-time division.
In 1995, for meeting the suspects fled, Hunan lawyer Peng Jie was off, thinking that the whole society to the lawyer, whether to meet him suspect safety, but this is no results.
In May 15, 1996, the first "lawyer law" promulgated, "Provisional Regulations" law repealed.
In 2000, all of the firm as long as they can do themselves, all from restructuring, into partnership. Because of the changing law of organization, the previous national legal workers, overnight become social legal workers, became the legal intermediary intermediary personnel.
   By the end of 2007, revised the "Lawyers Law", the lawyer's right, marking the right to legal provisions guarantee.
   In 2009, Chongqing city started the black storm. In December 12, 2009, Chongqing police will be suspected of "Defender of false evidence, prejudice to testify the crime" Beijing Kangda law firm lawyers Li Zhuang from Beijing back to Chongqing, the next day, criminal detention. In December 30, 2009 9 am to 1 am December 31st, up to 16 hours of trial, Li Zhuang and counsel as a plea of not guilty. In January 8, 2010, Li Zhuang was sentenced to 2 years in prison for 6 months. Li Zhuang refuses to accept, appeal. In February 3, 2010, Li Zhuang case of second instance court, Li Zhuang pleaded guilty in court. In February 9, 2010, Li Zhuang appeal is commuted to 1 years in prison for 6 months. Li Zhuang case triggered social discussion and national law in extensive practice discipline.
   "Lawyers Law of the people's Republic of China" second: "this law is called lawyers, who has acquired a lawyer's practice certificate according to law, authorized or designated, to provide legal services for a client practitioners." Article fourteenth: "law firm is the organization of the lawyer." Article twenty-seventh: "a law firm shall not engage in business operations other than legal services." Visible, lawyer provides legal services to the society intermediary personnel, law firm is the intermediary institutions to provide legal services to the community.