陪都时期重庆地区律师业状况初探.pdfVIP

Abstract Lawyer system is an important part of the construction of our legal system. It is a national judicial system that the State confirms such as the qualification, nature, scope of practicing, rights and obligations, and supervision and others of the lawyers in the form of laws. It is significant to protect clients’ legal rights and interests, promote the judicial democracy, and spread democratic ideas. Lawyers are freelancers. They may independently select the clients according to their personal identities. They submit legal claims in favor of their clients in litigation or non-litigation affairs. The model of civil and criminal trial is no longer inquisitorial but adversarial so that judicial peremptoriness or arbitrary is prevented and the clients’ legal rights and interests are protected. In the progress of constructing socialism legal system, and China’s modern identity of liberty, democracy and rationality, the lawyers play an increasingly irreplaceable role. They have democratic ideas and the theoretical background of judicial democracy. This essay is based on a specific historical period of Peidu to explore the lawyers’ situation in Chongqing at that time. The first section is about the generation of lawyer system in the late Qing Dynasty. In this part, the essay analyses its ramifications on the establishment of lawyer system in early period of Republic. Also this section introduces the situation of lawyer system during the period of Beiyang Government and Nanjing National Government, and the situation of lawyer system in Chongqing and other places in period of Republic. The second section is about the description of the situation of lawyer system in Chongqing during the peri