There were no lawyers in ancient China. During the Spring and Autumn Period, Zheng Ren Deng was not only proficient in law, but also eloquent. He can "argue ambiguously and create infinite words" and "insist on reasons and be reasonable". He once gathered people to give lectures, impart legal knowledge and litigation methods, and help others in litigation. In the Spring and Autumn Period, there was also an agency system. Both husband and wife did not have to go to court in person, but their subordinates or children could represent them. In the Yuan Dynasty, if the litigants were old, weak and sick, they could also be represented by their relatives.
In ancient China, people had to file a complaint with officials and state the case first, but most of them could not read, so some literati in the society began to write complaints and other documents for others, and the title of "Mr. Knife and Pen" appeared among the people, that is, "litigant". These people may not be familiar with legal knowledge when writing a complaint, but only rely on the advantages of reading and literacy and the experience of "being well informed", but some will give advice to the parties on how to go to court.
All of the above seems to be a small bud of the lawyer system, but it is far from a strict lawyer system. Because only a relatively perfect litigation agency (defense) system is combined with professional lawyers can lawyers and lawyer systems be produced. Therefore, although there were some phenomena of "agent litigation" and people who helped others in litigation in ancient China, the former did not further develop into an agency system, and the latter did not form a professional lawyer class, and they were never combined in the litigation field.
Modern lawyer system in China
The modern lawyer system in China began in the late Qing Dynasty. 1840. 190 1 year (twenty-seventh year of Guangxu), Zhang Zhidong's Westernization School wrote the "Three-fold Reform Law of Chu Jiang Hui", and nine opinions on judicial reform put forward "emphasizing various certificates".
The lawyer system did exist in China when the law was amended in the late Qing Dynasty. 1906, Minister of Justice Shen Jiaben presided over the drafting of the Draft Criminal and Civil Procedure Law of the Qing Dynasty, which was promulgated in 19 10, stipulating that lawyers can participate in litigation. The status and role of lawyers are clearly defined. The earliest recognized lawyer system in China. It is stipulated that lawyers can write statements and present them in court; Defend in court; Questioning plaintiffs and witnesses in court; Defend on behalf of the defendant and extend the case debate.
The Draft Criminal and Civil Procedure Law of the Qing Dynasty stipulates that criminal suspects can have the organization and qualification of debating lawyers. Therefore, the real lawyer system in China should be well documented in the late Qing Dynasty.
However, the Qing Dynasty was overthrown in the Xinhai Revolution of 19 1 1. After the establishment of the government of the Republic of China, it followed the lawyer system and was basically established in China.
19 1 1 year, the Nanjing government drafted the draft lawyer law, which is the first draft statute law on the lawyer system. After Yuan Shikai seized power, it was not announced for implementation.
19 12, 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 profession in China rose slowly. By the end of the Beiyang warlord government, the number of lawyers reached 3,000.
People.
In the first year of the Republic of China, the Ministry of Justice promulgated the Provisional Regulations for Lawyers. In the tenth year of the Republic of China, it was revised again, and the articles of association of Zhenba Lawyers Committee were published in the same year.
192 1 year 1 year 1 year1year/year Beiyang government's Criminal Procedure Law stipulates lawyers' right to defense.
1928 In July, article 165 of the Criminal Procedure Law of Nanjing National Government stipulated the lawyer's right of defense, which stipulated the right of defense, the right of inquiry, the right of interview and the right of appointed defense.