Liu Guiming intro:
This is an article according to their "" lawyer digest "in 2012 will be" the outline of the speech and launched research experience. Not mature, but from the heart; be not comprehensive, but that every word is not necessarily correct, but to initiate lovemaking.

The lawyer and the lawyer spirit hundred years

-- "" lawyer digest "2012"
March 3, 2013Beijing.
 "The editor in chief of democracy and the rule of law"Liu Guiming

    Just past 2012, the Chinese lawyer system, there is a is not open around the topic, that is the history of hundred years China lawyer Memorial and review. Although the official has not China lawyer system of hundred years history of this topic to be a positive response, while lawyers hundred year history of alternation is not necessarily the entity system connecting elements, but there are many a person with breadth of vision and even many lawyers themselves are willing to hope the lawyer hundred years as a system of Memorial and research. In this regard, scholars in various ways to give the academic attention and theoretical support.

A gathering of many people (Bai Dajie photo)

　　Today's meeting of the "lawyer" abstract "2012" is precisely in such topics background, the "Chinese lawyer: a hundred years of ups and downs" such topics. Your lawyer can't imagine, from the late Qing Dynasty to the constitutional government legislation, from the Republic of China to gradually forming the new Chinese mingyunduochuan, Chinese lawyer system flash had to cross the threshold of 100 years. Although there exists the inheritance and the cultural system of the continuity of the still controversial, but no one can deny Chinese of lawyer system tangled mentality and misunderstanding of prejudice.
Because the lawyer's own struggle, because the social from all walks of life because of misunderstanding, pride and Prejudice official of the lawyer, I think "lawyers and lawyers spirit hundred years" the research topic. If so, let us together through the continuation of retrospective China lawyer for hundreds of years, to explore the spirit of Chinese lawyer.
In my opinion, to study and determine the Chinese law spirit, must recognize the China lawyer 100 year history of the "three period", "three special moment", "three cultural conflict", "three institutional contradictions".
　　

First, the "three period"
System is the shadow of history, time is the historical appearance. Chinese lawyer is hundred years, amidst the winds of change, the ill fated. From the history of the hundred years, Chinese lawyers experienced three period has the symbolic significance:
　　One is the period of Beiyang government.One hundred years ago, in the promotion of Xin Hai revolution, the Beiyang government published the "Interim Regulations" lawyers, which marks the official birth of the lawyer system in china.
After Opium War, the western lawyer and lawyer system came into China. Under pressure, the Qing government began to consider the establishment of lawyer system. In 1906, the amendments to the law minister Shen Jiaben, Wu Tingfang was ordered to develop the "draft of criminal and civil procedure law", began to set up the system of lawyer. In 1910, the Qing government promulgated the Shen Jiaben drafted by the "Organic Law of court", began to make specific provisions on lawyers, lawyers, and thus began the legitimacy of law activities identified in the law, "lawyer" concept began to arise in the China. Due to various reasons, the law does not fully implemented, but the lawyer system, lawyer system during the period of Republic of China formally established, to create good conditions.
In September 16, 1912, Yuan Shikai served as interim president of Beijing government promulgated "Interim Regulations" lawyer, marking the formal establishment of the system of Chinese lawyers in this ancient land.
From 1912 to 1926, Chinese politics in the period of transition in the process of social transformation. Even so, the government is doing a lot of work in the modern legal system building, the legal reform in late Qing Dynasty has maintained a momentum. During this period, the government has carried out several amendments to the "lawyer" Interim regulations. At the same time, also issued a series of laws and regulations, thus formed a preliminary qualification, examination, including conditions, select, duties, obligations, discipline and so on aspects of contents of legal system.
　　Two is the government of the Republic of China period.After the Nanjing national government was founded, has always been the Beiyang Government in 1927 promulgated the "Regulations" lawyer, during which several revisions, but the change is not too large. With the development of society, the government of Nanjing to the Ministry of justice on the basis of summarizing the original articles of association of the "lawyer", began to draft new "lawyer law" draft. From 1935 to 1940, after several changes, the last in December 24, 1940, approved by the. In January 11, 1941, the national government promulgated "lawyer law". Since then, in order to cooperate with the implementation of the "law", and successively promulgated a series of regulations and law system related. Especially after 1945, Britain, Belgium in American, Norway, Brazil and other countries to revoke the consular jurisdiction in China right, began in the newly revised "law" increase in the foreigners in Chinese executive counsel business rules, resulting in the system gradually perfect and reasonable.
　　The three is the period of the government of the Republic of china.The Republic of China period is the period of new Chinese lawyer system. Although from the prototype base period had been generated lawyer system, although according to the "Regulations" in the referee had provisions, "the defendant may be represented in court", "the court bill" have provisions, "workers have entrusted the right", "Shanxi Chahar Hebei court work instructions" had stipulated, "allow the defendant to themselves and others commissioned defence", but the Republic lawyer system real or the establishment of the new Chinese after.
After the establishment of new China, first announced the abolition of the "Six Laws", the period of the Republic of China Constitution, administrative law, civil law, criminal law has abolished completely. In 1950 December, the State Council issued a "ban black lawyers and shyster event notification", banned the old lawyer system, lawyer organization disbanded, stop the lawyer, the culture of "people's defender," dominant ideology is the dictatorship of functions with the exercise of public power. In 1954, with the new China first constitution was born, a new China lawyer system began to build. With the national "anti rightist" struggle, the National more than 2000 lawyers and a half was labeled as a "rightist", the new Chinese lawyer system will declare the lost. As for the "Cultural Revolution" period, not only lawyers, even the public security organs have been smashed, the lawyer system completely disappear from the scene.
After 1979, as represented by Deng Xiaoping and the "Cultural Revolution" leaders of the CPC harmful to draw lessons from the history, put forward "still depend on the legal system, make the legal system more reliable", which stands for "China 500000 lawyers also not more". Then, in the direct leadership of Comrade Peng Zhen, begun legislation, to restore law Chinese, have created a high speed unprecedented and unrepeatable formulated 7 laws in the first half of the year. Since the beginning of the court, procuratorate of recovery, and then by the court to recover the establishment of a legal advisory office. Later, began to set up the judicial and administrative departments, only the "Provisional Regulations" lawyers, only the bar association.
With the new Chinese fourth constitution is the current "eight two constitution" issued, the legal advisory office gradually evolved into the law firm. With the deepening of reform and opening-up, the lawyer system started the cooperation system reform. After Comrade Deng Xiaoping's southern tour speech in 1992, the Ministry of justice began "priority among priorities" lawyer system reform, so, the partnership law firm's debut, the first "lawyer law" was promulgated new Chinese. Until today, Chinese lawyers from the early 80 to more than 2000, more than 23 people now grow to. Can say, Chinese lawyers has begun to take shape, Chinese system has been basically formed.
　　

Second, "three special moments"
History is always connected with time. China lawyer 100 years, has experienced many or memorable or forgotten moments. But the "three point", when understanding or research Chinese lawyer, never forget.
　　The first special moment -- 1912.This is China lawyer hundred years starting point, is the start China lawyer ever. Therefore, we need to think about a question: why Chinese lawyer system will be born at this time?
In fact, about this time node, also need from the 1843 "Humen treaty" to start. From 1840 to 1842 Britain launched the Opium War of aggression China, Qing Dynasty to the Qing government was forced to sign the "Treaty of Nanjing" and ended. After the war, the British use of the Qing government ignorance of international practice and its interests, luring Qing party rules the trading port in Nanjing and Guangdong to continue negotiations. In October 8, 1843, Britain forced the Qing government signed in Humen the "aftermath inventory adhered and", also called "the five treaty ports and adhesive after the clause"; commonly referred to as the "Treaty of Humen" or "Humen" clause. The same day, Britain forced the Qing government in Humen signed a "protocol, Fuzhou, Xiamen, Ningbo, Guangzhou, Shanghai five port trade regulations", also known as the "five trade regulations", "Humen treaty" as part of the. Since then, the consular jurisdiction Chinese began landing. The provisions of the treaty, "the British Chinese people paid to the negotiations, the British Department of sin, by the British agreed charter, legal, to do work officer". This would be in addition to Chinese people on the China legal system, is arranged outside China jurisdiction. Since then, 19 countries, beauty, Russia, Germany and Japan, successively through unequal treaties made judicial jurisdiction right symbol.
Because of the emergence of the consular jurisdiction, Chinese talent know "concession" within the lawyer system; because of the invasion of the Eight Power Allied forces, the Qing government decided to set up the law revision Museum; because the perfect combination of the Shen Jiaben and Wu Tingfang soil ocean ", the appearance law" for the first time in 1906. "Criminal and civil procedure law of Qing"; because of the "Subao case" in 1903, the Qing government think that lawyers can also use.
So, with the 1909 "at all levels of court experimental regulation" and 1910 "Organic Law of court trial" promulgated, the birth of lawyer system has become an irresistible trend. Then, with the Xin Hai revolution completed in September 16, 1912 and the government of the Republic of China "lawyer Interim Regulations" promulgated and implemented, the official birth of the lawyer system is logical.
　　Second special moment -- 1954.At this moment, in front of the new Chinese before the question is: do we need a lawyer system? What kind of lawyer system we need?  
The history of hundred years China lawyer took a sharp turn here, turn after how to do?
In September 27, 1949, Chinese people's Political Consultative Conference, the first plenary meeting of the "China people's Political Consultative Conference common program" seventeenth stipulates: "the abolition of the reactionary Kuomintang government which oppressed the people, all legal statutes and judicial system, formulate protection laws, decrees of the people, to establish the people's judicial system." The Central People's government, the Ministry of justice in 1950 December also issued a "notice" on banning Black Lawyers and pettifogging, announced a ban on the old China lawyer system. "Black lawyer" and "shyster" call to start the first appear in the official documents, can be seen at the time of the whole social hatred and dislike of lawyer system to what point.
The old lawyer system abolished, so if you need to establish a new system of lawyers? The lawyer system is neither a new theoretical guidance, and no practical experience. So, people began to put forward can refer to the Soviet union.
In October 30, 1949, the Central People's government, the Ministry of justice was formally established. The first minister of justice is the period of the Republic of China's famous barrister Shi Liang. Shi Liang is a lawyer, nature has a special liking for the lawyer system. So, at the beginning of the office she puts forward to want to build system of lawyers. In 1950 July, the Central People's Government Administration Council promulgated "Regulations of the people's court rules", people's court shall safeguard the accused defense and asked people to defend the right to public trial, to achieve the "party and his legal counsel have the full right to speak and the right to defence in court". Therefore, in judicial practice, some local courts began to set up a "public defender office", to help defend the criminal defendant. "Interim Measures" provisions of Shanghai City People's court for civil and criminal cases: "criminal cases have the defendant for chief judge appointed public defender or by the relevant group appoint a representative for its defenders, the presiding judge may also directly designated." Soon, the public defenders to lawyer. In 1954, the Shanghai Municipal People's government to set up a "Public Counsel room", both to help the criminal defendant to defend, also provide legal assistance for divorced women. In July 31, 1954, the Ministry of Justice issued a "notice" on several test problems in the court system, the Beijing, Shanghai, Tianjin, Chongqing, Wuhan and Shenyang city. The legal advisory office, to carry out business lawyer. Since then, many city, county in the country have carried out the work of lawyers, and gradually establish a Chinese lawyers.
After incubation with 4 years of practice, the defense lawyer finally in the Constitution and the law clearly, lawyers involved in litigation status and identity has finally confirmed the law. The first meeting in 1954 September 20 the first session of the National People's Congress of the "people's Republic of China Constitution" stipulates clearly that the seventy-sixth "people's court cases of particular situation in addition to the provisions of law, shall be heard in public. The accused has the right to defense."
With the new Chinese first "constitution" was promulgated, the lawyer system was finally officially announced the birth of. In September 21st the same year, passed by the first session of the first National People's Congress of the "people's Republic of China People's court organization law" seventh stipulates: "the defendant besides exercising his right to defend himself, can 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. The people's court considers necessary, you can also specify a counsel to defend him."

The panorama (Lu Yunkai photo)

　　The accused has the right to defense, so how to do without a lawyer? In 1915, a lawyer, deputy prime minister, the Government Administration Council of the Central Committee Secretary Dong Biwu pointed out: "people have the right to defend the constitution, which requires a lawyer." "To establish the defending system, if there is no defence, is sentenced to correct deficiencies, also make people be sincerely convinced. No more defense will make us misjudged case."
Can say, because they have a constitution, and we also have their own constitution; because they have a lawyer system, we also need their own lawyer system. Subsequently, the State Council officially approved by the Ministry of justice put forward "on the establishment of the lawyer's report", the report made specific provision of lawyers working mechanism, properties, tasks, qualifications, and suggested that the official confirmation of the lawyer system through national legislation. At the same time, the Ministry of justice in the first half of 1955 draft "Provisional Regulations of lawyers draft", approved by the State Council, in the country began to implement law. In 1956 July, "Interim Measures" lawyers issued.
With the rapid start of the legal construction of new China, local people's courts at all levels have set up, University of politics and law, judicial training, publicity and also in gradually, lawyers also rolled out across the country. According to incomplete statistics, as of 1957 June, the country has 817 Office of legal counsel, a lawyer number has reached 18000 people, more than 300000 population of the city is the county and the intermediate people's court, usually with a legal advisory office. At the same time, the country has 16 provinces, city, autonomous region began to build the lawyers association.
However, from the beginning of 1957, because of the influence of the ultra left trend of thought, because "the anti rightist struggle," the lawyer duty is considered "the loss of the position", "criminals." and was labeled as a "rightist", the lawyer system was announced as the bourgeois things and was completely denied, new Chinese lawyer system will die.
　　Third moments -- 1979.At this time, the biggest bright spot historical China lawyer hundred years: the lawyer system why recover so quickly?
In November 20, 1980, Beijing Road No. 1, the Ministry of public security of the auditorium, a trial of the century that has attracted China and the eyes of the world. This is the tribunal of the Supreme People's Court on Lin Biao, Jiang Qing counter revolutionary group 10 principal judgment. In this historic picture, unexpectedly appeared lawyers.
This had disappeared 20 years of special occupation and special group, can be so surprised and extensive way back into the people's vision, should from 1979 seven law and legal system reconstruction decision about.
With the spirit of the 1978 December meeting of the party's eleven plenary session of the implementation, 1979 year in June 18th to July 1st in Beijing held the five session of the National People's Congress two conference considered and adopted the "on the revision of the people's Republic of China Constitution '' several provisions of the resolution" and "local people's congresses and local people's governments at various levels organization law", "the National People's Congress and the local people's Congress election law," "the people's court organization law", "law of the people's Procuratorate", "PRC Criminal Law", "Criminal Procedure Law of the people's Republic of China", "the people's Republic of China on Chinese foreign equity joint venture law", seven an important law. The "Criminal Procedure Law" clearly stipulates: the defendant besides exercising his right to defend himself, also can entrust a lawyer.
"Criminal law", "Criminal Procedure Law" through, leading to restoration of lawyer system began on schedule. Just as 7 months of Comrade Peng Zhen not only led the seven law, but also determines the development process of the lawyer system. At that time, he points out in a public prosecutor, law personnel's speech: "except those involving state secrets or personal privacy and the cases of juvenile criminal cases, must be open trial. All cases are to allow the defendant, I can defend, close relatives can defense, defense lawyer may, where the units and people's organizations can also be sent to defend. The witness can not forge evidence, also cannot conceal evidence. To find the evidence that the defendant guilty and not guilty, crime and crime light two evidence. So, case, case, case is not likely to happen, the easier to find and correct. Someone says, the protection of the defendant? This is to protect the legitimate rights and interests of the defendant."
In 1979 September, the Ministry of justice official reconstruction. In fact, prior to this, some of the local judicial administrative organs have been set up. However, the court system began to push to is working as a solicitor. In December 9, 1979, the Ministry of Justice issued "on the restoration of lawyers work notice", so far, the restoration and reconstruction of lawyer system truly enter the working level. By the end of 1979, the country has set up 79 legal advisory office, a total of 212 lawyers.
In August 26, 1980, the five session of the National People's Congress Standing Committee of the fifteenth meeting of the "Provisional Regulations of the people's Republic of China Lawyer", marks the 22 year break lawyer system was finally officially restored. A lawyer for the historic turning evaluation says, this is an important symbol of China's reform and opening up, the construction of democracy and legal system, to the individual character is the occupation life in the "second spring".
The September 29, 1980 meeting of the five session of the sixteenth meeting of the NPC Standing Committee decided to set up the Supreme People's Procuratorate special prosecutor's office and the tribunal of the Supreme People's court, public trial, Jiang Lin two. So, from November 20, 1980 to January 25, 1981, the open trial at the tribunal of the Supreme People's court in accordance with the counter revolutionary group to Lin Biao, Jiang Qing case of the first appear, the lawyer returning to the figure. At the time that they participated in the defense of Peng Zhen is chairman of the National People's Congress legal committee. In the "Cultural Revolution" was held for nine years, just back to work Peng Zhen said: when we shut up, if someone gives us Defense this much good.
Thus, if not ten years of calamity to China public security organs destroyed, without the "Cultural Revolution" ten years for many veteran cadres persecuted, if not Liu Shaoji as a president cannot be painful experience of protection, the lawyer system so fast recovery is unthinkable.
Because a good beginning rebuilt in 1979 by 1980, to have "Provisional Regulations of lawyers", is the first in 1983 by the legal advisory office of the law firm name, is the 1986 national examination for the qualification as a lawyer and the lawyer industry self-discipline organization -- the formal establishment of the all China Lawyers Association, only the starting in 1992 to allow foreign and Hong Kong and Macao law firms in China to set up offices as a symbol of the Chinese law service industry opening to the outside world, only the 1993 June start of the "priority among priorities" law reform, only the "Lawyers Law" promulgated in 1996 and 2007 "lawyer law" amendment, which marks the formation of the socialist legal system Chinese characteristics.
　　

Third, "the conflict of three kinds of culture"
From the foregoing, modern lawyer system was born in Chinese seems some accident, some people even think that is a historical misunderstanding. "". After experiencing the ups and downs of the fate of bumps along the way, whether the lawyer as a trouble or a burden or annoying or scold, whether the lawyer as alien or heresy or pressure or play, reflect a conflict in the traditional culture.
The traditional cultural conflicts are mainly embodied in the following three aspects:
　　A is a public right of self expansion.China is one advocates the monarchical power, only the imperial state, "all over the world belongs to the king," unified concept of far-reaching influence. "As an official is not for the people, it is better to sell sweet home" and "Mr. President" image win support among the people. Both the central and local leaders commanders, and they hope their superior, arbitrary power. So, as the presiding Dynasty rulers, hope that through the judicial activities of leadership and exclusiveness of public power, naturally does not want other forces, other voices appear in court, professional force and certainly don't want a can not only defense and public defense appeared in his eyes. So, in China lawyer, a hundred years of history in the process of hot events, frequently suppressed or even persecuted lawyer. So, the judge see lawyers eye trouble, prosecutors saw the lawyer is upset, the officer saw a lawyer. In short, all that the lawyer is in trouble.
   Therefore, different questions in different periods and the opposition. In the period of Nanjing national government has served as Dean of the Dai Jitao test once wrote against the lawyer system.
American Harvard University criminal law professor, famous New York lawyer Alan Dexiaoweici came to Beijing in 1980. In Chinese peer discussion, he incredibly repeatedly heard a question: "why the government to spend money to disrupt the socialist rule by the people?"
The imperial power or power, or, on behalf of the public power. In a highly centralized power in the society, obviously don't need major representatives of private rights lawyer. In China long feudal society, all legal system is to maintain the absolute monarchy, there are few civil rights protection, security transaction, attention to the connotation of private rights. Not only that, any right to unlimited, uncontrolled expansion. So, naturally can not exist compete with the public phase of the lawyer system.
　　Two is the right of self digestion.There is an old saying that Chinese profound contempt and disdain for the right of appeal, that is "starvation does not do business, Whitty don't complain". Chinese ancient society basically belongs to the etiquette society, therefore in the judicial trial on ritual and law, showing extreme contempt, to the legal procedure about peace, self digestion. So, all levels of government officials in a system of administrative and judicial, for mild cases of basically is to mediation to settle disputes for serious crimes, according to the legal punishment. Visible, speaking from the legal process, which does not allow any form of defense, also do not want to hear other subject participation. As common people, namely, do not understand the legal knowledge, have no qualifications comment on legal problems, suggestions. Once the receiver, for how to sue, how to, how to write complaint, can answer, natural know nothing at all. So, one kind is called "Songshi" emerge as the times require occupation. However, this "Songshi" not only by the national law banned, but also by the contempt and disgust the people.
In the spring and Autumn period Deng, once known as the "lawyer" originator. However, "Lie Zi" author of a book called "fuck ambiguous said, with infinitely variable". While the "Lu spring and Autumn" is more say without mincing words, that Deng "is non, non is, is not excessive, can not be diurnal variation. The desire for win wins, because of sin to sin". Therefore, "lawyer" so attacked, as absorption "Songshi" reasonable elements, embodies the right of equality law, apparently be misfits with thousands of years of traditional culture. Therefore, the intellectuals of late Qing had launched a "lawyer" of public opinion storm, to highlight the lawyer to prevent litigation ills, protection of civil rights, promote judicial improvement inherent, active role in promoting social progress. Of course, public opinion influence co.. Therefore, lawyers take image has not really established.
　　The three is the private right of self neglect.In Chinese traditional culture, seems to be a no privacy, do not look at the private state. The first is a kind of private right, personal right (the right of personality, right of identity and so on), followed by a property (real right, creditor's rights, inheritance rights, intellectual property rights in the material income right), the last is a trading right. Thus in order to constitute a private society (market economy is an integral part of private rights in the society). However, in the traditional society, only in the imperial power and the centralization of state power under, cannot form a private society, cannot form the active market economy.
Not only that, all civilians also doesn't know that his rights, but do not know how many private. At the same time, in the unity of Confucianism advocates "harmony", interpersonal relationship standards far-reaching, "the concept of law value deep mind lawsuit final fierce". Confucius said: "legalistically, together with punishment, people avoid and shameless; morality, etiquette, a sense of shame." In the eyes of the rulers of the time, with the legal means to maintain social order, is a last ditch way, the real Sheng Shiming gentleman, should be the rule of the world. So, people can not enjoy a right of citizens.
In view of this, no privacy, the lack of privacy, ignoring the rights of social reality and think and speak and even private lawyers system, apparently unable to put on a par with.
　　

Fourth, "three kinds of contradiction of the system"
As a kind of exotic, China lawyers in 100 years amidst the winds of change always face the conflict between traditional culture, but also experience the conflict management system. Generally speaking, has the following three kinds of contradictions:
　　One is the contradiction between freedom and independence.In China lawyers in the past one hundred years, what is the lawyer, seem to have been plagued China lawyer, also affects Chinese official and all sectors of society.
In 1912 in accordance with the "Provisional Regulations" stipulates that the fourteenth Law: "lawyers commissioned by the command or trial yamen parties, in the trial yamen performing statutory duties, and in accordance with the provisions of special law, in particular the post trial yamen". Later, in 1927 of 1940 "or" lawyer "lawyer law", basically to maintain this position.
In contrast, the lawyer positioning Republic, has experienced a long process of exploration.
According to the August 26, 1980 promulgated the "Provisional Regulations" provisions of lawyer, the lawyer is "legal worker", working mechanism of lawyers in the execution of his duty is a legal advisory office. The lawyers have a public identity, is to receive national wage countries cadres. Naturally, the lawyer to provide legal services for the national professional staff. However, how to do legal service civilians, foreign enterprises? Who can provide legal services for them?
So, have promulgated May 15, 1996 "lawyer law" on the lawyer's nature and service object further provisions. "Lawyers Law" provisions, the lawyer is "obtained a lawyer's practice certificate pursuant to law, and provide legal services to the public", but no longer is the national legal workers. However, new problems came again. The lawyers to provide legal services for the society, so, the legal services of public power and who is responsible? Relying on the relevant professional personnel of government agencies is feasible?
In this context, in 2007 the newly revised "law" finally "party" concept to the social public.
"The return of the parties" concept, reveals the basic attributes of the law occupation. According to the traditional understanding, lawyers should be as a private power spokesman, contend with public power, restricting the power, and balance the relationship between the interests of private power. Now the "party" is no longer just a private power party, the future there may be extensive public authority. That is, as long as have entrusted or specified situations, the lawyer will be able to intervene, it can provide legal service for the. More specifically, when a lawyer to provide legal services to the public power, lawyer became public lawyer; lawyer to provide legal services for private power, lawyer is still the traditional social law or commercial law. So, the lawyer as a free occupation is now officially the "new social stratum", the final will be a legal argument. So, the change law category, the attorney this occupation can be more flexible, more easily adapt to the different interest groups, different interests, different interest pattern "parties" demand for legal services.
As free occupation, a lawyer should be independent of the subject. First of all, the lawyer service to clients, but independent of the parties concerned. After the entrusted, no influence to the professional judgment due to the party's political position, do not change their professional responsibilities for the personal quality; secondly, the lawyers macro management official, but independent of the official. The professional judgment, occupation duties and the occupation ethics, are not subject to official; finally, the lawyer is independent of the society. It will not change the mission of their duties because of one-sided public opinion condemnation, not because of the social atmosphere and change their occupation pursuit.
Even so, the official has not acknowledged law belongs to "free occupation". In the view of many people, the so-called "free occupation", is the world medical type of occupation, is not affected by not subject to legal norms, constraints of occupation. In fact, it is called "free occupation", because it is today may be "in Cao", tomorrow is probably represent the official claims. Therefore, the "independence of free occupation" is reflected in the lawyer occupation of both "country people" specificity ", also have extensive social person". Said to be "country people", but not the general public, but "authorized or designated" as public power or public administration service professionals; said to be "social person", ordinary people are not common, but carrying "three maintenance" legal person occupation mission. Visible, the lawyer is really "officials are also to the people".
If the lawyer is a barometer of a country of the rule of law, then the freedom and independence of lawyers is a country to lawyer vane. Many countries and regions all the lawyers as a special occupation groups to treat. The German "lawyer law" stipulated: "lawyers are the judicial personnel" independent; Canadian barrister and solicitor law stipulates: "the attorney genera respectively judicial auxiliary personnel", "every allowed in the Supreme Court as a junior lawyer lawyers association, all the court officials were the dominion of Canada". Japan and China's Taiwan region although there is no clearly defined the lawyer is the judicial personnel, but the law and lawyers that lawyers are "ordinary opposition Cao", to distinguish it from a national salary justice officials. While the Anglo American lawyers will often be the judiciary, as certain judicial duties and engage in judicial work. In addition, but also often as a prosecuting attorney on behalf of the state to court to support the public prosecution.
　　Two is the contradiction between autonomy and autonomous.In 1912 formulated the "Provisional Regulations on" the basic law, Japan and European countries law legislation in the style and style, including the determination of lawyer as a free occupation, at the same time the lawyer shall not concurrently hold the office, shall not be engaged in business; the bar association, judicial institutions, management system of dual supervision law.

The All seats are occupied., had to sit on the ground (Liu Lixiang photo)

    Similarly, when the history over the decades after 1993 December, the people's Republic of China approved by the State Council forwarded the Ministry of justice "on the further deepening of reform of lawyers working scheme", the lawyer is no longer the country administrative cadres, become practitioners of social legal services; law firms no longer is the state administrative organs, become legal service institutions under the condition of socialist market economy, formed the national capital, the cooperation, the coexistence of various forms of partnership pattern; the initial formation of the judicial administrative organs in administrative management and Bar Association industry management integrated management system.
This is today known as the lawyer system and in accordance with the different approaches but equally satisfactory results at the beginning of the birth of the "two combination" management system. But over the years, the most controversial is the administrative management and government intervention. The judicial administrative organ of the lawyer management "lawyer freedom to practice", has not formally responded, but the lawyer industry self-discipline as "an important achievement two combination" management system reform. In fact, self-discipline is an individual concept, is a moral requirement. The autonomy is industry concept, is a kind of group management.
With the continuous deepening of reform and opening up continuously, and the establishment of socialist democratic politics and the rule of law calls, people's rights consciousness gradually enhanced, law reform consciousness also increase gradually. The basic idea of lawyer industry reform and common identity is gradually away from dependence on government funding and compilation, get rid of official position, gradually embarked on the road of self-reliance, self disciplined society. Then, in 1985, by the "legal counsel" originated from the "firm" began to reform the financial system, financial management system gradually introduce themselves. In 1988, began to "pilot work cooperative law firm". The lawyer qualification of personnel with voluntary association is established, not the state funds, and the implementation of the cooperative law firms responsible for their own profits and losses, the lawyer must resign identity. In 1993, Comrade Deng Xiaoping's southern tour speech according to the spirit of the State Council, the Ministry of justice "on deepening the reform of the lawyer's plan", and points out that the nature of the property is no longer the nature of the means of production and administrative levels to define the lawyers and law firms lawyer, emphasize personal self-discipline, profession autonomy.
However, in the development of lawyer industry 30 years, management and government intervention is emphasize the most, that still is seen as an important magic weapon lawyer management. The lawyer practicing personal freedom, self-discipline, industry fully autonomous three and judicial administrative management and intervention, has failed to form a organic unity. In my opinion, simple and one-sided emphasis on any one point, it is irresponsible. The ideal model should be a lawyer profession autonomy and the lawyer personal self-discipline, matched with lawyer free practice and administrative intervention, the lawyer management innovation and lawyer business development agreement.
　　The three is the contradiction between benefit and justice.As Dershowitz professor in 1980 Chinese encountered problems, he was surprised but patience and calm to occupation pursuit of lawyers made the following answer says: "the judicial justice, no matter is the socialism, capitalism or other species, is not a goal, it is a kind of program; in order to make the the justice of the procedure carried out, all the alleged criminals must has the right to defend themselves....... A defendant. Decide whether it should be convicted and punished, the government must provide evidence, and the defendant shall be fair defense."
This is an accurate interpretation of the Lawyers liability of the scholars, also a lawyer to describe the occupation of social justice. As everyone knows, the lawyer is indispensable to the social democracy and the rule of law occupation. But the reality often someone says lawyers are "deaf ears -- decoration"; others say the law is "public relations, debt collection company"; some people said the lawyer is "not to take the sword thief, eat eat the defendant the plaintiff". So, a lawyer is stem what?
The special needs for occupation, lawyers should enjoy some "privilege" entrusted by law, but also bear some legal obligation. These rights and obligations is the main lawyer occupation identity as a precondition. Therefore, occupation orientation lawyers to answer "what is law" or "what lawyers are" problem. However, in Chinese lawyer hundred years of ups and downs, occupation orientation of a lawyer also are marked with the imprint of the times. Especially the 30 years of the lawyer system, has experienced from the heavens to the development and changes of the earth.
If 1980 Provisional Regulations "lawyer" "national legal workers" show that the lawyer is heaven's lawyer, then 1996 years "lawyer law" to "social legal workers" means that the lawyer is the sea's lawyer, finally to 2007 the newly revised "law" "to provide legal services for a client practitioners", the reality of the lawyer's return to the initial starting point -- both for the Temple service sky lawyer, a quack service sea lawyers, more for the whole society to all parties to service multiple ground lawyer. This is the starting point Chinese lawyer 100 years of initial system design, and in 2007 the newly revised "law" just fit the design.
"Lawyers Law" second stipulates: "say this Law refers to the lawyer, has acquired a lawyer's practice certificate according to law, authorized or designated, to provide legal services for a client practitioners. A lawyer shall safeguard the legitimate rights and interests, maintain the correct enforcement of law, and maintain the social fairness and justice".
"Three service" concept of occupation mission, the perfect answer to "lawyer, what the hell is" like a century. If in this article first explains "what" is a lawyer, so the same can be said, by the "three maintenance" of the second section is the interpretation of "what" lawyers do a classical description. In particular, this representation also makes the occupation mission of lawyers in the logic structure more complete. First of all, "a lawyer shall safeguard the legitimate rights and interests of the parties that the lawyer", to maximize the interests of the litigant, lawyer job; second levels, a lawyer by safeguarding the interests of the parties to the "right" to safeguard the legal purpose. It should be said, this revision will this statement by the legislative purpose of the original article, change to the services of a lawyer to lawyer, regression is mission. Accordingly, from the occupation mission of legal person, this is the law of full-time; third levels, a lawyer after doing their own work and full-time work, ultimately required to implement and maintain the social fairness and justice and final aim, it is the highest goal of lawyers, the highest mission is a lawyer. As everyone knows, the lawyer system is an important part of the modern legal system, in the pursuit of justice on the road, lawyers, as a relatively independent power, to ensure the realization of judicial justice program and basic human value, and to promote the judicial organs of the state error probability is reduced to a minimum. Specifically, the lawyer through their own practice, the social order is maintained, the legal system to perfect, to make human rights value to safeguard, the social justice, democracy and the rule of law is strengthened. Thus, we can see, the realization of the third level of the target, is a lawyer's duty.
From the moment, relative to the official legal workers, meaning law occupation role obviously different: one is business. The lawyer engaged in is a business activity rather than their activities. Exercising jurisdiction in courts, procuratorates exercise procuratorial power, activity of its duties all show that the content of power. The lawyer's business activities are not exercising the power of the content. Two is the equality. The lawyer and client is a kind of equal rights and obligations, this relationship to determine and implement the contract. The relationship between the court, procuratorate and the parties are not equal, the parties in a subordinate status of judicial object. The three is paid. The lawyer to the client to provide legal services are paid, the performance of the exchange of an equivalent. Because the lawyer practicing institutions is a special management organization, so the lawyers and the parties is an employment relationship. The court, procuratorate should not have this paid. Because the exercise of power is free. Four is the autonomy. The lawyer occupation is different from administrative management, rely mainly on autonomy and self-discipline management.
However, "the lawyer is for the rich services", "the lawyer's litigation brokers" like impression, in the ruling party and the minds of the people seem to have ingrained. Similarly, as the lawyers themselves, how to deal with the contradiction between benefit and justice, is not a simple problem.
　　

Fifth, from the Chinese lawyer hundred years to Chinese law spirit
After Chinese lawyer has over 100 years of history, we all lawyers and lawyers throughout the country together to think about and research for hundreds of years and even a hundred years later, Chinese lawyers have or need their own "law spirit", in fact, very necessary, very important.
As a lawyer industry itself is concerned, we should tell the society, law should be a kind of what kind of image? A lawyer should be a kind of what kind of occupation? Of course, now there are many misunderstandings of senior lawyers. In accordance with the "Lawyers Law" provisions, the lawyer is authorized or designated, to provide legal services for a client practitioners. This is a very direct, very classic, very clear concept, but we did not make an interpretation of the nature. The lawyer what workers? Formerly known as "national legal workers", later called "social legal workers", now called "socialist legal workers China characteristics". If the first two is the concept of academic concept, so the concept behind is a political concept. We found that, the legal concept embodied in where? We did not make clear and clear interpretation on the legal concept of "law" in, so can cause social problems related to the lawyer occupation and lawyer system there are many misunderstandings. Now officials always said lawyer how so difficult? What did the lawyer will let's headache? Therefore, the management now needs to reflect on. Why the lawyer to management but not good, not good but still want to tube? Thus, from top to bottom, both official and people have a misunderstanding of the lawyer occupation. The reason is not unified law spirit, or that we have not a unified and effective law spirit.
Chinese lawyer in 100 years, we can see many stand in different positions to provide legal services to contend with the public power and style for different lawyer. During the period of Beiyang government, we know that for workers to speak boldly in defense of justice is known as the "labor law" Shi Yang, we can see for Sun Zhongshan as the legal adviser of the Huang Zhen pan lawyer, he served as legal adviser to Li Yuanhong and Wu Peifu Lvao Zhang lawyer, did Xu Shi Chang counsel Wang Tianduo lawyers when the house of Representatives; in the government of the Republic of China period, shocked the "seven gentlemen" (Shen Junru, Zhang Naiqi, Zou Taofen, Li Gongpu, Wang Zaoshi, Shi Liang, Sha Qianli) in the case of more than 20 rose to the defense lawyer, let us know what is called the national integrity, patriotism. "The case for Chen Duxiu endangering the Republic" step forward bravely defended the Zhang Shizhao, let us comprehend what is legal for justice, for the first. Similarly, not the Communist Party, but for the Communist Chen Yannian according to law and defense, to rescue Liao Chengzhi, Chen Geng's lawyer Wu Kaisheng, let us find what is free and independent, faith......
In recent years, relative to the China lawyer in Hong Kong and Taiwan, the mainland lawyers in the case of Li Zhuang, Beihai, the case case of performance, which regarded the law as boss, justice as the goal of the team defense model, both for the law people see more than 20 lawyers in order to "Qi Jun" collective defense the shadow, even more so that we feel the Chinese lawyers should pursue a kind of what kind of law spirit.
A person must have the spirit, a team must have the spirit, a kind of occupation must have the same spirit. China lawyers have the spirit? China law spirit is the spirit of the law or occupation image? Just started or gradually entering blissful circumstances? Is the lack of content or lack carrier? All of these problems, we are today and tomorrow need to solve the problem and research. In recent years, Shandong Deheng Law Firm, Beijing Yuecheng law firms and even the Beijing Lawyers Association, had been in a different way on the topic of "legal spirit" of discussions and exchanges. Although temporarily unable to form conclusions, but mutual consensus has apparently formed. This means that no matter where the lawyer, no matter what age paragraph the lawyers, all need to face this problem, need to think about this proposition, is needed to solve this problem.
In my opinion, culture or spirit, or, this is all some concept idea, belief, knowledge etc.. These concepts to express is in the legal profession should promote cultural spirit and the construction of a closely related, have mutual affinity, exhaustive.
In this regard, the vice president of the Beijing Lawyers Association Zhou Saijun had four words summed up the Beijing lawyer occupation spirit: "the supremacy of law, justice, professional due diligence, inclusive rationality". Shandong Deheng Law firm has held a special seminar, finally formed with the symbol of the doctrine of Confucius and Mencius "benevolence", "righteousness", "Li", "Zhi", "trust" and highlight the significance of "first", "loyalty", "honesty", "special", "straight", "real" "and," a total of 12 words based on the "Shandong law spirit"
Yuecheng law firms on Chinese law spirit and build is the show special preference to, not only they were making "the lawyer's story" TV series, to start the extraction of contemporary law spirit activities, but also through the mobile phone short message, micro-blog and network to solicit the views of society. On the basis of this, launched a "rule of law, justice, rationality, as" for representation of the contemporary law spirit. These four words solemn atmosphere, connotation is rich, broad extension, part of speech, meaning beautiful decorous, carefully taste the feeling after stretching endless artistic conception.
To sum up, as a difference in non lawyers from the legal person, the occupation spirit, cultural spirit, China lawyer a hundred years of history has forged a cultural spirit, have mutual affinity, is closely related to the exhaustive. Specifically, can use the following 20 word summary"Law, justice first, loyal to the rational, heavy, autonomy".
The so-called "law", the constitution law is always the trump lawyer prostrate oneself in worship, is the boss no defense lawyer. Therefore, as long as the law already licensed will vigorously pursue, as long as the law does not prohibit can boldly go to practice. So, any legal person to maintain the dignity of law as a full-time, committed to maintaining the dignity of law, the legal faith, courage, dare to be responsible, not affected by social influence, not by any social public opinion. And "justice for the first" is the hope that any lawyer to safeguard social fairness and justice is the first duty. If the judge decided to justice, prosecutors claim justice, then the lawyer is the pursuit of justice. The pursuit of justice is to safeguard human rights lawyer, defended the rights, restrict the public power, counter. In specific cases, lawyers must safeguard the legitimate rights and interests, and then safeguard the legitimate rights and interests and to ensure the correct implementation of the law, fairness and justice and the realization of social. As for the "loyal to the", means that the occupation ethics lawyer is the most basic loyalty to the constitutional law, is loyal to his occupation belief, is loyal to his party, keep the secret, integrity of practice. With no skills than virtue, not to let the benefits more than justice, not the target over the occupation duty and mission. And "reason is heavy", is to emphasize the law based on independent expression and rational thinking, how to accommodate different and even opposing views. The position can be different, but the target should be consistent. Views can be different, but the expression can be similar to. For the party endorsement to make out a good case, for public comment to the legal language. "Autonomy" tells us every lawyer will be based on personal autonomy, independence, occupation characteristics to democratic management mode, and finally realize self-discipline, self-discipline, self financing, the lawyer industry self management goal.
Can say, if the management level and the majority of lawyers will be able to reach a consensus on the issue, "Chinese law spirit" formation. At the same time, to develop the lawyer culture have a basis in reality.
　　

Conclusion:
Just as professor Dershowitz said, "whether a country is free, it is one of the touchstone toward those guilty of contempt for the people of the world, and advocates the". Similarly, if the pursuit of the rule of law, the rule of law in a country of faith, see the how to look, how to treat the lawyer lawyer. This is the barometer of a country of the rule of law, but also a social progress indicator.
In one hundred years, amidst the winds of change, times change. However, China lawyers in different periods, different regions of the China China lawyer lawyer, under different system, whether to misunderstanding, regardless of experience how to suppress, in their own occupation pursuit and belief in law, by maintaining the interests of customers, to defend the dignity of law, practice the spirit of the law, promote judicial justice, to achieve fairness and justice. Despite the fact that there are problems, occupation and problem, management there are gaps, belief and difference, but China lawyer is worth looking forward to, worthy of attention.
Of course, the real form all this depends on China law spirit. So, Chinese lawyer's 100 year history is more memorable and so on.

Reference.
　　1, "the Republic of China legal system history" Alex power withChina University of Political Science and Law press 1998 edition
　　2, "lawyer" China of water withThe mass press 1996 edition
　　3, "lawyer" in pursuit of the traditional Fu Yong seriesBeijing Joint Publishing Company in 2012 April Edition
　　4, "Chinese lawyer system research" chapter outlined the Chinese legal press 1999 edition
　　5, "China lawyer science" by Chen Weidong Renmin University of China Press 2000 Edition
　　6, "Liu Guiming world" the rule of lawChina democratic legal press 2003 Edition
　　7, "the lawyer China" by Liu GuimingPress 2007 edition of people's court

The rise and fall of the National Lawyers blessing?
In the "abstract" lawyers -- 2012 conference opening
March 3, 2013.
Sun Guodong

Dear Mr. Zhang Sizhi, Mr. Mao Yushi, Mr. Jiang Ping, Mr. Wang Gong, Mr. Cheng Chao Fu, Zhang Yi and mr.,
Respect from USA, Holland and 12 provinces and cities nationwide guests:
Good afternoon. Chinese New Year is good!
Today is the "NPC and CPPCC" victory day, a CPPCC meeting, one is "lawyer" annual meeting abstracts. One is the entertainment star get-together, one is legal elite heroes. What time, the two meeting participants can change, we China would be saved!
Get down to business. I give everybody a brief introduction about last year's work. 2012 is the eleventh year Abstract founded ten anniversary, adopt all the advice, we will be publishing cycle shortened to bimonthly, until the end of the year for publishing a series of 50! Even more gratifying is that, all the 50 series "lawyer digest", together with our self printed copies of all papers, Harvard University library collections, thanks to my old classmate, "leader" magazine editor in chief Li Wenzi introduced. Last year, we also opened four "" lawyer digest "salon", respectively, please Mr. Sha Yexin Zhang Sizhi, lawyer, Professor He Weifang, Professor Li Xuan. Abstract salon although the late start, small size, but the high starting point, influence. Of course, there are many deficiencies in the work last year, one is the publishing cycle is not stable, the last two are cross year, for reasons I will not elaborate on this; the two is marketing still ineffective, circulation to be expanded. But particularly touched us is as in the past, readers give us enough understanding and tolerance, and last year a dozen of the purchase price of the new readers since its founding of the full set of 50 series of abstract.
The current annual meeting's theme is "China lawyer, a hundred years vicissitudes". China lawyer for hundreds of years, from birth, growth to become the climate, The whole army was wiped out. from ban, the pilot to, from reconstruction, development to the polarization, is ill fated, tasted hardships. In fact, Chinese law history, the Chinese nation is the history of the rise and fall, as professor Jiang Ping said: "the lawyer promotes a country, lawyer declines a national decline." I'm not experts, not practicing lawyers, not waste valuable time of everybody, let's listen to the expert's high perspicacity!
Today's "change of venue" incident shows once again that the construction of democracy and the rule of law, China still has a long way to go, the legal person China still fear. But for the sake of our more difficult for the nation, for the sake of our innocent children, we should not give up, we never give up!
Thanks again for your support, and accompany us through a year, thank you for coming years!
Thank you. Thank you.
Source: Lawyer digest blogHttp://blog.sina.com.cn/s/blog_5eda91530101bdzo.html

           "" lawyer digest "2012 agenda"

When the: March 3, 2013 (Sunday)
MorePoint: High-Tech Mansion BUPT four multi function hall
The LordQuestion: Chinese lawyerOne hundred years of vicissitudes
Attendance, photo: 14:00 ~ 14:30
　　
The first period: 14:30 ~ 16:40
Moderator: Liu Guiming
A senior speech, (6 minutes each)
Zhang Sizhi Mao Yushi JiangFlat The kingEngineeringCheng Chaofu Zhang Yihe
Two, scholars keynote speech (12 minutes each)
1, Fang Liufang The legality and legitimacy of law
2, Chen Jingliang China why according to law
3, Xu Zhangrun This world, someone has to come forward!
4, Zhang Qianfan Law and Constitutionalism
5, Fu Guoyong Republic of China Law Tradition (20 minutes)
6, Li Xueyao Legal occupation in the development of the role of the state
7, He Jiahong The lawyer culture: Law and Literature
8, Guo Shiyou Can play politics, can not play the Constitution
9, He Weifang Remember to visit the British Lawyers Guild
Three, scholars free speech (each no more than 3 minutes)
　　
　　
The second time: 16:40 ~ 18:30
Moderator: Yang Damin
A lawyer, a keynote speech (8 minutes each)
1, Mo ShaopingThe China mainland lawyers association
2, Liu GuimingThe lawyer and the lawyer spirit hundred years
3, Chen ShiheHealth and strength and play within the system to send a lawyer
4, Liu TonghaiI reflect on the traditional Chinese lawyer
5, Wang LichengWhat is the reason that Chinese lawyer by the failure to defeat
6, Wang CailiangThe authenticity of the impact of public opinion and social
7, weekZeAs a lawyer, is a kind of practice
8, Tian WenchangDiscussion on the development of Chinese lawyer system
9, Pu ZhiqiangThe attorney rights and human rights lawyers
Two, the lawyer free speech (each no more than 3 minutes)

Dinner: banquet hall High-Tech Mansion BUPT two buildings (18:30 ~ 21:00)
  
Special thanks to:
Jun 1, director of law firm Tan Lei lawyers gifts for the participants;
2, Law Press, Peking University press, "iron gourd books" gift book.