First, different cultural backgrounds have different values. Although there is only one word difference between lawyers and litigators, they are very different in appearance and spirit, and they rely on very different values. Among them, how people view order, how to evaluate the law and how to view their role in litigation activities will directly affect their value and status in their respective judicial traditions, which is the first problem to be determined.
Second, the litigation power structure is different. The so-called power structure refers to who enjoys the status of subject rights in litigation activities in a country's litigation mode. As far as the history of China and Britain is concerned, although litigators and lawyers participate in litigation activities at the same time, their positions in their respective judicial traditions are not the same.
Litigants always live in the dark side of society and cannot be the reserve army of literati as the main body of judicial activities. The litigant's help to the litigant is only a kind of litigation assistance activity in China's classical judicial tradition, and it is not an essential element in the judicial process.
Third, the litigation mechanism is different. In the Song Dynasty in China, although the judicial mode under the impact of commodity economy was quietly changing, the central position of the scholar-officials as judges in the litigation remained unshakable. The operation mechanism of criminal trial and litigation is centered on punishing crimes and controlling society, so it goes without saying that defense cannot be a link in criminal cases.
Because the service provided by litigation lawyers to the parties is only a litigation assistance activity, which has no proper legal status, its litigation assistance will certainly not change the tradition of the judge's authority under the "inquisition" trial, and the litigation activities under this mechanism will naturally not provide a broad space for the growth, development and display of the talents of litigation lawyers.
Fourth, historical destiny is different. What kind of litigation mode a country's judicial system adopts is closely related to its cultural tradition, political system, geographical environment and social structure.
But at the same time, it can not be ignored that whether the legal professional group can occupy a place in the power structure of litigation, especially whether it can recognize the legal status of people with certain legal knowledge and familiar with litigation skills in the litigation operation mechanism, will also play a decisive role in a nation's judicial tradition.