Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice. 2. Measures for the Administration of Lawyers' Practice Article 2 A lawyer refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients.
Article 3 Lawyers shall, through their practice activities, safeguard the legitimate rights and interests of clients, the correct implementation of laws and social fairness and justice. 3. China Lawyer Network Cui Yongdong China University of Political Science and Law
If a lawyer is defined, it should be: a lawyer is a legal service person whose duty is to protect the legitimate rights and interests of the parties, safeguard social fairness and justice, check and balance administrative power, and implement democratic supervision.
The lawyer system in China has been restored and rebuilt for 30 years, but the social status of lawyers is still unsatisfactory, and the reasons for this situation are quite complicated. There are institutional and cultural reasons, as well as the level of development of the rule of law.
Reasons for lawyers' low social status
(A) improper legal positioning
Article 2 of China's Lawyers Law stipulates: "A lawyer as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law and provided legal services to the society." This simply equates lawyers with social service personnel, but differs in service content, and does not give lawyers a special position and role in the practice. Compare the German lawyer law that "lawyers are independent judicial personnel", the Canadian lawyer law that "lawyers belong to the series of judicial assistants", and the Japanese and Taiwan Province provinces respect lawyers as "judges in the field" and so on. What's more, Article 306 of China's Criminal Law stipulates the crime of perjury of defenders and agents, which has brought great harm to the healthy development of the lawyer industry. Article 37 of the Criminal Procedure Law stipulates: "A lawyer must obtain his consent to obtain evidence from witnesses, relevant units and individuals." This provision has had a serious negative impact on lawyers' practice and greatly reduced their status and trust in the eyes of the parties. . . . . . 4. The Seventh National Lawyers' Congress-Zhou * * demanded that it is a legal obligation to provide legal services to clients, strictly abide by the requirements of "taking facts as the basis and taking law as the criterion", abide by professional ethics and professional discipline, serve clients wholeheartedly, and be the defender of their legitimate rights and interests.