Definition and properties of lawyers

(British lawyer:Lawyer,AttorneyThe lawyer), different from the ancient Songshi, lawyer. Is who has acquired a lawyer's practice certificate according to law, authorized or designated, to provide legal services for a client practitioners.

Lawyer[lawyer; solicitor; attorney], refers to the defence of his client, litigation agent and treatment of common law business personnel in the case.

On the nature of "law", including: one of, have certain legal knowledge, according to the provisions of the "law", is a "legal knowledge above legal undergraduate institutions of higher learning education" or "above other colleges, bachelor degree with legal knowledge"; secondly, "by the national judicial examination" to qualify,; third, the approval by the judicial administration department of the state, obtained a practicing certificate; fourthly, to provide legal services for the society, and on the occupation. The four essential attributes (or features), are indispensable. The lack of any one item, can not become "a lawyer".

In the above four basic characteristics, one or one or two other law worker, such as law enforcement officials, judicial workers (judge), justice prosecution workers (attorney) in common; after two to "lawyer" in this unique legal workers.

Now you can clearly answer: nature of lawyer is for the community to provide legal services for the legal service workers, occupation, or referred to as "legal service workers".

From the concept of the relationship between the species, now we can draw the conclusion: the concept of "law" "belong to" the concept is "legal worker", the "a" is the concept of "legal service workers", and "lawyer" this one concept is the same as "belong to" other "kind" concept: the legal trial workers, legal prosecution of workers, the government legal workers, legal theorists. Between the lawyer "legal workers" and the judges, prosecutors and other legal workers "difference" is: the approval by the judicial administration department, and a practicing certificate; and provides legal services to the public for occupation.

According to the above, we find the "lawyer" the essence of the concept of property, property (trait), a concept, the concept of species difference, can give "lawyer" is defined.

First, with all the essential attribute generalization definition, namely: lawyers, refers to with colleges and legal professional bachelor degree or equivalent with legal knowledge, the national judicial examination, approval of the judicial administrative organs of the state, and provides legal services to the workers occupation.

The caveat here, the definition of "equivalent" includes: more than other colleges, bachelor degree with professional knowledge of law and other self-taught professional knowledge of law. Whether is equivalent, in addition to provide relevant documents to prove, can be recognized by the national judicial examination. Thus, the relaxation of reference qualification, not to stick to one pattern talents found that there is positive significance.

Secondly, in strict accordance with the "genus + species difference" formula definition, namely: lawyers, refers to the approval by the judicial administration department of the state, and provides legal services to the workers occupation.

Or: lawyer, is approved by the judicial administrative organ of the state, and for a practicing certificate, and provides legal services to the workers occupation.

The caveat here:1", a practicing certificate", is only the national judicial administrative organs "approved" a certificate or document, not defined in the past, can mean to avoid repetition, if want to emphasize, highlight "practising certificate", with it, not. But not with "a lawyer's practicing certificate", otherwise it will cause a tautology ("lawyer" is obtained a lawyer's practice certificate person), circulation(The lawyer = obtained a lawyer's practice certificate person = lawyer)And word repetition (lawyer is a lawyer).2, on whether the "national judicial administrative organs" approval, personal think, "approved by the national judicial administrative organs", compared to the provincial level or the judicial administrative organ for approval, both for the national unity of lawyers, seriousness or lawyer status improved and consistent with the national judicial examination, have positive significance. As for the use of "national judicial administrative organs", "the wording judicial administrative departments" or "national judicial administrative department of the State Council", no no. No substantial difference.

The two definition is more scientific, reasonable, the comprehensive coverage of the nature of lawyers, and become the main procedures of practicing lawyers inclusion; the latter in strict accordance with the "genus + species difference" formula definition, more concise, clear. The two definition Each one has his good points., available for reference.

The current "Lawyers Law" definition: "as mentioned in this Law refers to the lawyer, has acquired a lawyer's practice certificate in accordance with the law, and provide legal services to the public," (see "lawyer law" article second). This definition has two shortcomings: first, the lawyer is "obtained a lawyer's practice certificate" of the staff, a tautology, circulation, defects duplicate words; second, "practice" is not a concept of the lawyer. Because "practitioners" includes the legal, accounting, medicine, industry and agriculture, some practitioners of the occupation. In the legal occupation also covered some legal occupation judges, prosecutors, judicial and administrative personnel, lawyers and other professionals. So, "practice" is not a lawyer (legal services) is a concept, and can not reflect the lawyer is "the characteristics of legal workers" or "legal".

Another opinion, the "Lawyers Law" on the definition of "lawyer" is amended as: "as mentioned in this Law refers to the law, obtained a lawyer's practice certificate according to law, provides legal services to the society of professional personnel (see" lawyer law "amendment draft). This suggestion, only to the current "Lawyers Law" "law" definition of the last four words, namely "practitioners" is amended as "professionals". Because of the "professional" below can be divided into several professional, such as: the legal profession, the accounting profession, medicine, agriculture, mining professional professional and so on, so "professional" can only be "legal professional" "belong to" the concept, rather than "legal professional" below the judges, prosecutors, lawyers genus the concept of replacement, and "professional" and "practice", meaning there is essentially No. Therefore the definition and the current law on the same deficiencies.

A lawyer's duty

In modern China's lawyer is a certain way to judicial administrative organs of the qualification, accept the Commission, appointed or the people's court, within the scope permitted by law to use their legal knowledge and skills for the agent to provide legal aid, and safeguard their legitimate rights and interests of professional personnel. Or is entrusted by the state organs, enterprises, organizations or individuals, or by a court appointed, to assist in dealing with legal affairs or the parties to litigation legal professionals.
Foreign lawyers generally wear a wig,Wig fashion from the French king Louis thirteen,17Century, in particular, is a symbol of social status. Our lawyer enjoys the rights and obligations of the lawyer's robe wearing in court according to law.
The lawyer is to promote the correct implementation of law, safeguard social justice and fairness of the important strength.
The law in Germany: a lawyer is an independent judicial authority; a Japanese Law: lawyers for human rights, the realization of social justice for the mission, the lawyer must be honest in performing their duties according to the mission, and strive to maintain social order and improve the legal system; Taiwan region of China's Law: lawyers for the protection of human rights, the realization of social justice and the promotion of democracy and the rule of law as the mission. China's Law: the lawyer is a lawyer to provide legal services in accordance with the law, the lawyer occupation personnel, in order to safeguard the legitimate rights and interests of the parties, to ensure the correct implementation of law, safeguard social fairness and justice. The above statements show that social justice is the value of the protection of human rights, the lawyer occupation.

To become a lawyer edit this paragraph2007Years10Month28The Tenth National People's Congress on the thirtieth session of the Standing Committee, since the revision2008Years6Month1The date of promulgation of the "Lawyers Law of the PRC" second stipulation: "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".

First, the lawyer must pass the examination or assessment, was awarded the legal occupation qualification certificate. No lawyers practicing certificate, but the people engaged in legal affairs, general legal workers, commonly known as "citizen agent", "black lawyer," and not called a lawyer.

Second, the lawyer must have legal occupation qualification certificate, and certificate of practice. If only the law occupation qualification certificate, no lawyers practicing certificate, also cannot be called a lawyer.

Third, lawyers serve the whole community, not a specific object. Natural persons, legal persons can entrust a lawyer to legal affairs.

Fourth, engaged in lawyer business must have the entrusted people's court or specified, within the scope of authority, does not allow unauthorized or abuse.

Fifth, lawyers are legal workers, lawyers can only be within the scope permitted by law to safeguard the legal rights of parties, the law allowed within the scope of the work shall be protected by law, no administrative unit, parties, personal intervention.

The law is not a practicing certificate issued by the state

"Lawyers Law" article9A: "in any of the following circumstances, not to issue a lawyer's practice certificate:

　　(A)Without civil capacity or with limited capacity for civil conduct;

　　(Two)Having been subjected to criminal punishment, except for a crime of negligence;

　　(Three)Dismissal from office or suspension of lawyer's practicing certificate." The lawyer originated in ancient Rome. Republic of Rome (B. C.510Or509~ before30) lawsuit, must according to the executive or legal officer notices, according to legal procedures. Because the law and sign the growing, increasingly complex, the parties in the litigation, especially the debate in the court, need to be familiar with legal assistance, therefore, from the Republic to Empire at the beginning of the end(BC1During the past half century),The defender emerge as the times require.
To ad5End of the century,Serve as defenders,Must be studied law in the main city,Qualification. They gradually formed industry, form their own occupation group, became a full-time lawyer.
Feudal period, the majority of countries abolished the ancient adversary proceedings, to inquisitorial, make the lawyer out of action. Some countries, such as the medieval France early on, while retaining the lawyer system, but mainly applies only to the religious courts, and lawyer duty by the monks. The secular courts sometimes also allow the defence, but only the monks to perform this function.
C.12Centuries later, France banned monks serve as defenders in the secular courts, replaced by a feudal legal education, through the lawyer oath, registered lawyer occupation, but its authority is limited, even nominal.
　　Western law system
In the struggle against the feudal, bourgeois Enlightenment thinkerJRock·Voltaire.1694~1778) andDDiderot1713~1784.Et al., the adversary proceedings instead of inquisitorial litigation. The egalitarian leaderJLilburne (ca.1614~1657In the ")People's Constitution"In one book a clear idea of the defendant shall have the right to defense or ask someone else to help defend. The seizure of power in the bourgeoisie, have provided the lawyer system.1787Years "America constitutional amendment"Article6The provisions,In all criminal prosecutions, the accused has the right to a lawyer to assist its defense.1808France "The code of criminal procedure"Systematic regulation principle of debate and lawyer system,Later,The lawyer to the group, the court's monopoly by the lawyer. Japan enacted in the early Meiji "Spokesman rules"Regulations on intervention, for others dispute, litigation and negotiations for the occupation of the people, this is Japan's first law.
With the increasingly complex legal relationship, the capitalist countries the lawyer's business scope of the increasingly widespread, such as acting as agent for civil, criminal defendants, acting as the legal consultant for organs, groups, enterprises, generation of litigant bookend wills, for property transfer, conclude the contract, the establishment of legal affairs company and bank credit, social insurance and international respect of trade etc.. The lawyer division of labor is increasingly specialized, and various classification, such as the French law is divided into the defenders and agents; a British lawyer, divided into primary law (or solicitor) and senior lawyer (or bar).
Capitalist countries is in private practice lawyers, alone or in partnership law firm, charge hefty fees. They are mostly composed of Lawyers Association, the industry's interests. Some countries are also a lawyer as a condition to serve as judges and prosecutors. Some countries with"Public defender",The general court annexed,To receive a fixed salary, a defendant to induce or unwilling to engage counsel. Japan to send lawyer for the defendant, the court appointed lawyer, said"The selected defender". Some countries set up legal aid system, by the court according to the circumstances, given the financial strength is not strong enough to certain parties grant, to employ a lawyer. In addition, some countries also compulsory lawyer, by the lawyer organizations or charitable groups, take turns to the detention center, met with detainees, providing legal advice for them, help them contact the lawyer, application etc..
　　The Soviet Union and Eastern European countries, the lawyer system
　　1980The Soviet made applicable to the country "The Soviet Union lawyer law(The draft)"The lawyer, functions, organization and activities for specific provisions. Before the Soviet Union the Constitution and the law has stipulated the system of lawyers. In the50In the early 1980s, Moscow has more than one thousand lawyers, in Lenin Ziegler, there are hundreds of lawyers. The lawyer as national legal workers.1954Years, Runev was invited to visit the Soviet Union legal expert lectures, his lectures were quickly edited the book, one of the Central People's government, the Ministry of justice published, publishing time1954Years8Month, titled "about the Soviet Union System of lawyer and notary system--The Soviet Union law expert Runev said the Soviet Union ", the notary system and the legal system are introduced.
Yugoslavia has a public defender, as a mechanism of social political community activities, to perform their duties independently, take appropriate measures and the legal relief ways to protect the social and political community of property rights and interests. In addition, there are social autonomy law, responsibility is the maintenance workers' autonomous rights and protecting social property. Social autonomy law does not in the judicial system, does not represent any social political community, but as a social institution, social responsibility.
　　China history lawyer
In the feudal period long without the establishment of lawyer system. At the end of the Qing Dynasty1910Year draft "Criminal and civil procedure law of Qing Dynasty"The first mention of the lawyer; later in the Republic of China the Beiyang government and Kuomintang government legislation, there are provisions on lawyers and defense system.
　　The people's Republic of China law system
In the people's government banned the old Chinese based lawyer system, the dissolution of the old lawyer organization built on the new people's lawyer system. According to the1954Years about the Constitution"The accused has the right to defense"Regulations.1954~1956In some large, in the city set up the bar association and the office of legal counsel, initially launched a lawyer, has gained some experience. It was interrupted,1979Years of gradual recovery.1980Years8Fifth session of the National People's Congress Standing Committee of the fifteenth session of the "officialThe Interim Regulations of the people's Republic of China Law", the new law has stipulated the system, detailed system. According to the Interim Regulations,Lawyers are legal workers of the country,Its mission is to state organs, enterprises and institutions, social organizations and citizens to provide legal aid, in order to ensure the correct implementation of the law, safeguard the legitimate rights and interests of country, collective interests and citizens. The nineteenth meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996"Lawyers Law of the people's Republic"In December 29, 2001 and October 28, 2007, the two revision. The lawyer law lawyer, is to obtain the lawyer's practicing certificate according to law, authorized or designated, to provide legal services for a client practitioners. To apply for practicing condition is (a) support the constitution of the people's Republic of ; (two) through the national uniform judicial examination; (three firms) in law practice for a full year; (four) conduct. lawyer qualification before implement the national uniform judicial examination obtain a certificate, in the application to practise as a lawyer certificate has the same, and the uniform national judicial examination. With the above undergraduate education, engaged in professional work in the legal service personnel shortage areas over fifteen years, with a senior professional title or equivalent professional level and have the corresponding professional knowledge of the law to apply for personnel, full-time lawyer, pass the judicial administration department under the State Council for examination, if the practice.
The lawyer may engage in the following business:
(a) entrusted to the natural person, legal person or other organization, the legal adviser;
(two) acceptance of civil cases, administrative cases parties, act as agent to participate in litigation;
(three) entrusted by the criminal suspect, to provide legal advice, complaints, charges, application for bail for the arrested suspect, acceptance of criminal suspects and defendants, commission or the people's court appointed, as a defender, accept a case of private prosecution, the prosecutor homicide victims or their close relatives trust, act as agent, to participate in the proceedings;
(four) accept the Commission, representing all kinds of litigation petition;
(five) accept the Commission, to participate in the mediation, arbitration activities;
(six) accept the Commission, to provide non litigation legal services;
(seven) other documents to answer inquiries regarding law, the litigation documents and related legal affairs.