It is said that Deng Xi's sophistry level is unparalleled, reaching the level of "right and wrong, right and wrong are reversed, right and wrong are excessive and cannot be changed for a day". The level of "I want to win because I want to win, and I want to sin because I want to sin" can be described as a model for litigants.
In fact, as long as there is a deep yamen, there will be the shadow of litigants, and the team is growing day by day, which has been for the sword and pencil clan since ancient times.
in the early Qing dynasty, agents ad litem had to have a business license issued by the state, that is, a seal, before they were officially recognized as people engaged in letters and visits. According to the laws of the Qing Dynasty, they were legally engaged in the work of writing on behalf of books, and they should also bear the legal responsibility of writing truthfully. Even if there is no interest dispute, you should be punished according to law.
Some people still think that litigators are lawyers, or at least they should be a small sprout of the lawyer system.
because only a relatively perfect litigation agency (defense) system is combined with professional lawyers, it is possible to produce lawyers and lawyer systems. In ancient China, although there were some phenomena of "agent litigation" and people who helped others in litigation, due to political and economic constraints, the former did not further develop into an agency system, while the latter did not form a class of professional lawyers, and the two were never combined in the litigation field. Therefore, there was no lawyer system in ancient China, but it was introduced from abroad in the late Qing Dynasty.
the earliest germination of the lawyer system appeared in ancient Rome in the second and third centuries BC.
During the evolution of the Roman Republic and the Roman Empire, social contradictions were extremely acute, and the Roman ruling class made many laws, decrees and regulations to maintain its ruling order. In line with this, a number of jurists have emerged in the society to study and study law. These people are inextricably linked with the ruling class, and they often give advice to judicial and administrative officials on how to enforce the law. Some of their research results and works were recognized as laws by the rulers. In society, they answer ordinary people's legal questions, give advice to litigants and represent them in litigation. Because the activities of these people are conducive to the stability of the ruling order, in the third century BC, the Roman emperor determined the profession of "great religious couple" in the form of imperial edicts to "consult legal affairs for the common people". At the same time, it is also allowed to entrust others to represent the lawsuit, so the "professional lawyer" officially appeared.
the form of litigation in ancient Rome was debate. Both parties have equal status in litigation. They can fully state their opinions in court and refute each other's claims. The judge made a decision according to the result of the debate. This litigation structure makes the emergence of professional lawyers possible. In inquisitorial litigation, the parties have no litigation rights, so there will be no professional lawyer to represent the parties.
Shen Jiaben, a famous jurist in the late Qing Dynasty, presided over the formulation of the Criminal and Civil Procedure Law of the Qing Dynasty, which was drafted in 191 and stipulated that lawyers could participate in litigation. However, due to the outbreak of the Revolution of 1911, it was not promulgated.
in p>1911, the Nanjing government drafted the draft lawyer law, which was the first draft statute law on the lawyer system. After Yuan Shikai seized power, it was not announced for implementation.
in p>1912, the Beiyang warlord government formulated the Provisional Regulations on Lawyers and the Provisional Regulations on Lawyers Registration, which was the first written legislation on the lawyer system in China. After the articles of association were published, the lawyer industry in China rose slowly. By the end of the Beiyang warlord government, there were 3 lawyers.
in 1927, the Kuomintang regime promulgated the Articles of Association of the Lawyers Law, and in 1942, it enacted the Lawyers Law. These two laws laid the foundation of the lawyer system of the Kuomintang and the origin of the lawyer system of Taiwan Province Province.
Now some "local lawyers" who claim to have "special access" and have neither lawyer qualification nor fixed office space are actually the shadows of ancient litigators.