传统讼师与现代律师之比较——对现代律师业的后顾与前瞻.doc

传统讼师与现代律师之比较 ——对现代律师业的后顾与前瞻 中文摘要 讼师是中国古代历史专制社会制度的产物，是中国传统法律文化中的一个特殊群体，代所处社会追求法治而产生也是为了维护法治而存在更是为了实现法治而发展社会对法治的追求、维护和实现就不可能有现代律师职业的存在即使已经存在也不会获得发展甚至还被消灭。律师的法治属性要求我们不仅要创立律师职业建立律师制度还要保障律师职业发展律师制度。因为律师职业是重要的法治力量律师制度是一个法治国家不可或缺的重要法律制度。方面的社会需求 一方面是民众的需求表现为对自身权利利益的维护和对正义公正的追求一方面是政府的需求表现为对民众权利的尊重社会秩序的维护和对社会正义的追求。在两个方面的需求都产生并存在的时候律师职业得以产生并获得发展。国建立自己的律师制度，先建立自己适宜律师生存、发展的文化基础。讼师律师?The lawyer was China ancient times the historical despotic social systems product, was in Chinese tradition law culture special groups, did not see for the successive dynasties all previous dynasties ruler and the social public accommodates. The generation of attorneys professional characteristic, is by the society which its locates pursues the government by law to produce, is also to maintain the government by law to exist, is to realize the government by law to develop.If the society to the government by law the pursue, has not maintained and realizes is impossible to have modern attorney the occupation existence, even if already existed will obtain the development, will also be eliminated. Barrister systems government by law attribute requests our country, not only need establish attorney the occupation, establishes the barrister system, but must safeguard attorney the occupation, develops the barrister system. Because attorney the occupation is the important government by law strength, the barrister system is a country under the rule of law indispensable important legal regime.Our country establishes the barrister system, mainly comes from two aspects the social demands: On the one hand is populaces demand, displays for to own right, the benefit maintenance and to just, the fair pursue; On the other hand is governments demand, displays for to the populace right respect, the social order maintenance and to the social justice pursue. In two aspects demands have coexisting at time, attorney the occupation could also produce and obtain develops.China must establish own barrister system, must establi