[abstract]

along with the advancement of reform and opening up, China's legal profession, and great changes have taken place in the lawyer in all aspects of People's Daily life play an increasingly important role, for people to solve many thorny dispute. Lawyers also by legal counsel to provide legal services for the people, for the further development of the industry of our country's lawyer, made outstanding contributions. The lawyer's business and by some of the traditional civil litigation, criminal litigation and administrative litigation to intellectual property litigation, economic, financial and international litigation, and other areas of the litigation and non-litigation. However, we must also admit that lawyers in the process of practice, there are still some lawyers in violation of the law practice discipline problems, cause there are many reasons for the problems. How to make the legitimate interests of the citizens get effective protection, how to make a lawyer's practice discipline to correctly guide and standardize the law case, this requires a lawyer's practice of discipline has more strict specification, in this way, to the sustainable development of economic and social, to create a good environment for lawyer's practice.
 
[key words] lawyer industry. Legal services; A lawyer's practice discipline; The legitimate rights and interests
 
Since reform and opening up in China, the lawyer's hard work, after the party, the development of the legal profession remarkable achievements. Under the condition of the economy is not developed, efforts to promote legal construction, implement the strategy of sustainable development, adhere to the guidelines and policies governing the country according to law, establish people-oriented, centered on the all-round development of people's ideas, safeguard the legitimate rights and interests of citizens, to strengthen the publicity work, to spread and advocate advanced legal culture, actively serve the people, the crowd
 
Satisfaction as the fundamental measure of work is good or bad. We found that the lawyers, however, there are still a few lawyers cannot regulate their own behavior is very good. In order to standardize the lawyer on the problems existing in the practice, a lawyer's practice in "of the discipline has the corresponding provisions. The all China lawyers association, have revised the lawyers' professional ethics and practice disciplines.#p#分頁標題#e#
 
I, the concept and characteristics of a lawyer's practice discipline
 
(1) a lawyer's practice, the concept of discipline
 
Refers to a lawyer in a lawyer's practice discipline as entrusted by the parties or after the people's court to designate the parties to provide legal service activities in the process of must abide by the code of conduct. A lawyer's practice is the embodiment of lawyers' professional ethics, discipline and relevant industry association to sanction and judicial administrative organs of the administrative penalty enforcement. Violation of discipline in lawyer will sanction by the all China lawyers association, if the circumstances are serious will be punished by the administration of the judicial administrative organs. The specification of the lawyer's practice, helps to give full play to the lawyer, social functions, maintain the social image of the legal profession, guarantee the healthy development of the legal profession. In short, a lawyer's practice discipline is the behavior of a lawyer's practice guidelines, it embodies the basic rules of the behavior of a lawyer's practice.
 
(2) the characteristic of a lawyer's practice discipline
 
A lawyer's practice discipline characteristics: first, a lawyer's practice discipline not only at the highest of lawyer industry self-discipline organization, the all-china lawyers association industry rules form, but also with the supreme law of administrative management department, the national industry guidelines for the justice department form; Second, a lawyer's practice discipline general to specific, strong operability, is a lawyer must abide by legal obligations; Third, any lawyer if there is any violation of the law practice discipline, not only by the disciplinary punishment on the implementation of the all China lawyers association, could also be investigated for administrative,
 
Civil or criminal liability; Fourth, a lawyer's practice discipline is associated with a lawyer's practice behavior activity, the lawyer's other activities not be bound by them.
 
II, the necessity of regulation of a lawyer's practice discipline
 
Law to safeguard national dignity of law, safeguard the legitimate rights and interests of the parties, the realization of lawsuit democracy and justice played an indispensable role. The lawyers law of the People's Republic of China and related specification under the all China lawyers association on the lawyer's practice discipline and professional ethics of very strict rules. To strengthen the construction of professional ethics and practice discipline is the need of building a harmonious socialist society in our country, along with the social market economy system constantly improve and perfect, the lawyer's legal service will become the development of market economy and regulating the behavior of the market, adjust the important strength of various kinds of economic relations. So far, on the whole the lawyer's professional ethics and practice disciplines in our country situation is good, is in line with the requirements of the party and the government and the people's hope, is to adapt to the social demand for legal service. But also in the part of the lawyer has the problem of low professional ethics and practice to discipline, to some extent this defiled the lawyer's professional image, reduces the lawyer's professional reputation, affect the development of the bar. Therefore, must strengthen the construction of a lawyer's practice discipline, this is not only the needs of the development of our socialist market economy, and set up good social image, development of lawyer business needs, but also meet the needs of the form of China's accession to the WTO.#p#分頁標題#e#
 
III The main content of a lawyer's practice discipline
 
On the basis of the all China lawyers association latest revision of the lawyers' professional ethics and practice disciplines, a lawyer's practice discipline includes the following contents:
 
(1) a lawyer in the discipline of professional institutions
 
1. A lawyer shall not practice personal identity. Lawyer is a professional institutions, the lawyer's practice must accept the supervision of the law firm and management; Lawyer practices for fault causes loss to the firm, shall bear corresponding responsibility.
 
2. A lawyer shall not be in two or more than two at the same time, a law firm's practice. Our country "law
 
Act limit only in a law firm lawyers practise, organization change lawyers practise, issue a lawyer's practice certificate shall apply to the judicial administrative organs.
 
3. To accept entrust lawyers shall not personal name, shall not collect fees. Lawyers undertake business, their law firm shall centrally accept entrust, and sign written entrustment contracts with the clients, collect fees according to the regulations of the state and truthfully enter an item in an account, pay taxes in accordance with the relevant provisions.
 
(2) the lawyer discipline in litigation or arbitration activities
 
1. A lawyer shall abide by the court and the arbitration tribunal of the discipline, respect the judge, arbitrator, submit the legal documents, to appear in court on time. Lawyers in court should be in accordance with the provisions, dress, manners polite, insult, abuse or defamatory language should not be used.
 
2. A lawyer shall not claim and to the client have jurisdiction over the law enforcement personnel and concerned personnel have family relations, cannot use this drum up business relationship. Lawyers shall not affect the trial and decision for the purpose, to the case of the judges, prosecutors, arbitrators contact in the workplace, not to the people donate money, and may not promise, returns or provide other convenient way to trade with the lawsuits law enforcement officers.
 
3. A lawyer should obtain evidence according to law, shall not falsify evidence, shall encourage the principal forge evidence, providing false testimony, shall not be implied, inducing, threatening to provide false evidence. A lawyer shall not relatives or others with the criminal suspect or defendant meets with the criminal suspect or defendant, or borrow position to deliver letters, money, or in violation of regulations for the defendant and the information about the case.
 
(3) the lawyer and the client, the other party discipline
 
1. A lawyer should fully use their professional knowledge and skills, according to the duty
 
Law the provisions of the completion of the entrusted matters, to safeguard the legitimate interests of the principal. A lawyer should follow the principle of honest and trustworthy, objective to inform the principal matters entrusted by the legal risks that may occur, shall not be intentionally to possible risks do not appropriate expression or make false promises. A lawyer should not accept yourself can't deal with legal affairs, shall not represent both parties involved in the same case. The same law firms may not be the parties to a lawsuit cases, remote areas except only a law firm. A lawyer shall not receive benefits from the other party or to its interests demands or agreement, shall not be with the other party or a third person malicious collusion, infringe on the rights and interests of the principal, for the other party and its agent shall not illegally stop and intervention activities.#p#分頁標題#e#
 
2. A lawyer shall be within the scope authorized agent, if you need special authorization, shall be prior written confirmation of the client. A lawyer shall not go beyond agency authority entrusted by the principal, using the clientage engaged in the activities of has nothing to do with the legal affairs entrusted agency. A lawyer should strictly according to the time limit stipulated by the law, limitation and the appointed time, the principal and timely entrust affairs. Lawyer shall timely inform the client about the agency work, the legitimate requirements of clients understand the matters entrusted shall reply as soon as possible. Lawyer commissioned without justifiable reasons after may not refuse as the principal agent, without the consent of the principal, shall not entrust.
 
3. A lawyer should adhere to the principle of independent perform their duties, shall not be due to the improper to cater to the client or the client requirement, the loss of an objective and fair stance, shall assist the client to implement illegal or fraudulent behavior. To safeguard the legitimate rights and interests of the client, the lawyer shall have the right to according to the requirements of law and moral standards, the choice of complete or the purpose of the delegate methods. To fit the client entrust belongs to matters prohibited by laws or lawyer specification or requirement, a lawyer should
 
Inform the client, and put forward amendments or rejected. The client may refuse to have entrusted to be further defended or represented by a lawyer, may authorize another lawyer to act in his defense or to represent him at the same time. Lawyer after accepting authorization, without justifiable reasons, shall not refuse to defend or agent. Illegal, but the matters entrusted to engage in illegal activities through lawyer services provided by the principal or the client intentionally concealing important facts related to the case, the lawyer shall have the right to refuse to defend or agent.
 
4. The lawyer with the confidential information relating to the matters entrusted and the principal-agent relationship after the still bear confidentiality obligations. And the parties have the right to request the compensation damages fault lawyer practices illegally or causes losses to a party, by the law firm shall bear the liability for compensation. After paying compensation, the law firm may claim recovery from the lawyer that acted intentionally or committed gross negligence.
 
5. A lawyer shall keep the client to provide evidence of cautious and other legal documents, and ensure that its not lost or damaged. Solicitor shall be allowed to misappropriate or encroach on the client takes care of the property. Lawyers shall reasonably the handling cost, pay attention to save.
 
(4) discipline between lawyer and his peers
 
1. Lawyers should respect, learn from each other, help each other, improve the level of practice together. Lawyers should not be vilified, harm to other lawyers credibility and reputation. Lawyers and law firms can through the following ways to introduce their own business and professional expertise: (1) can be written works, workshops, introduction to popularize law, promote their own professional field, recommend their own professional expertise; (2) advocate, encourage lawyers and law firms to participate in social public welfare activities.#p#分頁標題#e#
 
2. A lawyer shall not, in the following ways: (1) shall not diminish the counterpart of unfair competition way to drum up business, such as professional ability and level; (2) shall not provide or promise rebates, etc
 
The way business; (3) shall not use news media or other means to provide false information or exaggerate their professional ability; (4) shall not be on a business card with a variety of academic, educational background, the bar title, social position, and received the honor, etc.; (5) shall not be lower than the charge level of trade competition obviously a legal affairs.
 
IV, types of lawyers in violation of the law practice discipline in China
 
The lawyers in China can be strict with oneself, wuxi, abide by professional ethics, actively adapt to the socialist market economy the need for legal services. However, a serious violation of a lawyer's practice discipline phenomenon still occur. Inductive discipline problems this year to some lawyers, can be classified into the following several types:
 
(1) a bribe. First, some lawyers will receive bribes or the parties by the trustor. A few lawyers in the case, in addition to the charge by the parties in accordance with the standards prescribed by the law firm, they are still in the separate charge after the person or the relatives of the money. What's more, they use their position to, in a civil lawsuit agent, to charge the client the huge table. When dealing with some cases of criminal litigation, some lawyers as criminal defender, accepting bribes. Second, in order to let oneself's case is successful, run by some lawyers will take the initiative to bribe the judge or related to the case of judicial personnel. Lawyers and other related legal the improper relationship between staff, seriously affected the judicial justice. In recent years there have been some lawyers bribery case. For example: on September 26, 2010, Beijing east who lawyer at FanYong because of bribery by chongqing dazu county people's court sentenced to three years, three years probation. Fujian has ascended lawyer at Dong Tingfeng bribe the judge for the initiative, were discovered, in 2008 September 24 revoke a lawyer's practice certificate granted by fujian provincial department of justice.
 
(2) forge evidence and sabotage to testify. Some lawyers in a criminal case the defendant's defenders, in defiance of a lawyer's practice discipline, to give up their should stick to the principle of even, help the criminal perjury. And lawyers not only letting the defendant's family seduce, threaten the witness is giving false testimony, also talk personally false records, from falsely claimed to be the witness. These lawyers, subverted the perjury by hook or by crook, obstructing the judicial justice. In recent years has been greatly influenced by a case. Lawyer li zhuang gong gangmo to help criminals excuse, not only whoever lures, instigates gong gangmo torture is fabricated by public security organs of confession, instigating gong gangmo another defender chongqing krayt hired law firm lawyers Wu Guyou police, be torture for gong gangmo perjury; Seduced gong gangmo wife do gong gangmo blackmail false testimony; In chongqing high-tech zone of southern garden in a teahouse, li instigating gong gangmo arrange poly doctors graduated entertainment co., LTD., chongqing staff false testimony. Li zhuang, disrupt the normal litigation order of the judicial organs, li because defenders testifies forgery, breach of sin of final appeal, his career as a lawyer and therefore has come to an end. In recent years, the lawyer as a defender to help client and fabricated evidence case, many lawyers therefore be revoked by the administrative department of justice lawyer's practice certificate.#p#分頁標題#e#
 
(3) the improper way to obtain the behavior of diabetes mellitus. Because our country citizen's legal consciousness is still relatively weak, there are a lot of citizens don't know to solve disputes through judicial channels. And at this stage, the lawyer the case-solving ability of competition is not competition, is not a professional level of competition, but competition case by case ability and social ability of competition. The lawyer for diabetes mellitus, have to adopt some unusual approach, some lawyers often use some belittle others, assault, enhance their own way to win the case. At the same time, the legal profession is a qualified professional, just enter the legal profession, some of the new often do not have the guarantee of stable diabetes mellitus. Survival pressure force, many lawyers are difficult to solve the problem of food and clothing. Famous jurists pointed out that Mr Jiang had worried: "survival is a terrible problem, if the lawyer do not have enough to eat, eat to the struggle for survival, unscrupulous phenomenon will occur. The lawyer if there is a fair competition, that's terrible."
 
(4) lack of good faith
The virtues of honesty is each lawyer and intangible assets, honesty is not only the professional ethics, individual lawyers and legal profession which follow the public ethics. In the long run, adhere to the principle of good faith to the lawyer's own development is also good, therefore, the good faith is more and more attention. Honesty is the traditional virtue of the Chinese nation. Our country attaches great importance to the propaganda and education of integrity of attorneys. Trainee lawyer in officially become a practicing lawyer, system of lawyers professional ethics training to them. However, some young lawyer disdainful of economy, status
 
And so on, wanted to into the big cities, a good law firm to earn more treatment. This kind of mentality can satisfy individual got some immediate interests and, but from long-term development is unwise. Because people after the material to be satisfied, the satisfaction of desire and pursuit of psychological need, when realized that business is building the backbone of the life, trouble began. For a prosperous and joyfulness and give up cause they are seem to be low. Some lawyers no matter mark size, as long as it is a civil lawsuit, start by just 2000 yuan, and then to charge fees in accordance with the bid, at the same time plus travel and other expenses. In this way, will naturally ordinary people according to the door. Some lawyers "lion" a open is 2000 yuan, in advance of the parties are not responsible for money. Some lawyers deck oneself out and frighten people. Some lawyers first took out a business card to you, name specify the degree: "master, doctor of law"; You turned a business card to see again, also with all kinds of association President, treasurer, secretary-general of the title; When will your business CARDS after reading, he also introduce myself, said he had had held important positions in a court or procuratorate. In fact, he's the degree, title, experience is "blow". Some lawyers borrow "blending" extra expenses. After the trial, the lawyer and told the case in the new situation, and then use very professional language to explain, the parties eventually - need to "hook up" the personnel handling the case. Believe client to give a sum of money to him after the judgment results if the client is very satisfied, the thought is "blending" may play a role, in fact is the party of the principle, lawyers will put it into their own pockets money; If it is the verdict disappointed the party, the lawyer will comfort the parties, and call the parties to appeal. And explain "blending" link has a problem. In fact lawyer lied to the parties. The lawyer because of psychological, everything does not consider the interests of the parties, the result is more and more bad image in people's mind, even make some people suspect that the legal profession "into the preface". Lawyers in violation of the principle of good faith phenomenon, the serious influence the social credibility of legal profession. , in fact, the image of lawyers want to rely on their own in word and deed, a lawyer must depend on the solid theory foundation of basic skills, excellent working skills, good professional ethics, to win the trust of the parties, won the recognition of judicial organs.#p#分頁標題#e#
 
V, lawyers in violation of the law practice discipline in our country the causes of phenomena
 
(1) the lawyer moral consciousness is poorer, lack of experience and passion
 
The lawyer is a demanding profession, required by law knowledge talents with high quality and high moral quality to. But as a result of the judicial examination system of China is not very perfect, the examination can test practitioners of knowledge level, it is difficult to measure the level of morality and makes some high energy low personnel enter the lawyers. Their unscrupulous, in the process of practicing for diabetes mellitus, winning cases by hook or by crook to curry favor with the judge and assurances on the parties making empty promises, and so on. Young lawyers WeiJiZhe mostly, the weakness of the young lawyer actually the restriction of subjective factors, say from objectively, one is inevitable, because of the lack of social experience and often leads to poor judgment: for the judgment of the parties, the case control also easy mistakes; Second due to the accumulation of small, whether it is the accumulation of social resources, and the accumulation of wealth, he usually say it is difficult to overcome some should overcome the temptation. Especially the complex social legal environment, as well as the concept of the public to consume the lawyer service, as the lawyer's clients, differ in thousands ways of its level, characteristics, a lawyer if you can't very keen judgment in different entrusted by what type of cases, this is a is a what kind of party, it is easy to make mistakes. Is a lack of experience, on the other hand, some young lawyers still lack of passion. From the lawyer's professional definition for, should be very strict. As lawyers practise more and more experienced, may more and more serious, more professional, but young lawyer should keep a good state of passion, the two don't conflict. This passion state first is about their motivation, confidence in the industry as a whole, about their prospects for development, full of passion, will keep their efforts in the direction of; Second is the case with passion, or to the professional passion, a positive expression and attitude, will give customers more confidence, will leave a deep impression to the person.
 
(2) the lack of constraints on a lawyer's practice
 
First of all, the law, the key to reform is to establish the judicial administrative management and the all China lawyers association management system in each other. Now very loosely to practicing lawyers management mechanism, management strength thin old management methods. The judicial administrative departments at all levels and the lawyer association of lawyers in the implementation of the management work duties, no home, no good collaboration content distribution. As a result of the management way is not right, it's hard to avoid a lawyer management gap, make a lot of content of lawyer constraint cannot be implemented in practice. Practice, some lawyers or even the only income as the evaluation criteria of a lawyer. As long as the lawyer take the case, the most high income, even if violations are seen as "talent" and be popular. Second, for a lawyer's practice of disciplinary punishment work not implement, there is no sound and perfect the lawyer disciplinary committee at all levels, the inadequate lawyer disciplinary cases investigation dynamics, led to violations of lawyers, law of unfair competition, between which a lawyer's practice under a lot of risk.#p#分頁標題#e#
 
(3) a lawyer's practice environment is not ideal
 
At present, our country's legislation of the legal rights of the lawyer, regulation is not enough, and more restrictive, the lawyer's rights often is limited by a variety of. A law against a decision, however, a decided to become a cop, a note is more than a telephone call. Method of application, lawyers are difficult. And the lawyer's rights protection work is't. Some lawyers won't protect their rights. At the same time in the lawsuit, judicial injustice affect the lawyer's case as a result, thus affecting social moral judgments of lawyers. Many lawyers for case, have to bend, dredge relationship to a wrong result, which made the social public moral image to the lawyer wondering, has also led to the emergence of lawyer misconduct. In some of the basic law firm, because conditions are tough, number of lawyers, many lawyers are reluctant to provide legal help to the basic law for the people. Law firm in China, the small and medium-sized law firm, which makes bad management implementation, management prone to bugs. Seen from above, a lawyer's practice in our country environment remains to be improved.
 
To solve the problem of the lawyer practices in violation of discipline, has the measures:
 
(1) to strengthen the training work of a lawyer, lawyer cultivate self-discipline consciousness.
 
Strengthen the lawyers to continue education and business training, and constantly improve the lawyer's education level and professional quality. To strengthen cooperation with related aspects, further implement all measures to related to the lawyer to continue education, make hard and fast rules, prompting lawyers in our country, especially in young and middle-aged lawyer constantly improve their education level. To encourage and support the law of conditional study for a higher degree, can make our lawyers can form reasonable arrangement in structure on education. Lawyer training base should be established and make lawyer training outline and long-term training program, in a planned way, step by step, targeted to do a good job of the lawyer business training, to buddhist team of professional quality enhances unceasingly creates the condition in our province. The original lawyer training as well as the future of law education, also need to constantly pay attention to the lawyer's professional ethics education, cultivate the self-discipline of a lawyer. For example: first of all, can the judicial organs through all kinds of propaganda, praised the national outstanding lawyer, and promote outstanding lawyer's deeds. Second, irregular to regular lawyer to the content of the discipline inspection, enable lawyers to the discipline in mind. Finally, you can evaluate the law by the parties, lawyers for the parties concerned after the completion of the services, the parties to fill in the quality of service CARDS, law firm can assessment according to the feedback information of the parties.#p#分頁標題#e#
 
(2) to carry out our relevant legislation and regulations, strictly regulate the behavior of a lawyer.
 
At present our country lawyer discipline "in the present legislation has clearly defined the legal liability, lawyers in violation of the law practice discipline has been initially formed in the legislation system, not to, the propaganda and education, is the most key discipline lawyer realize a lawyer's practice to discipline and brings harmful to the society, to realize to observe the law-abiding, strictly in accordance with the stipulations of current law of entity and procedure rules. At the same time, increase the intensity of law enforcement, in order to maintain the authority and the dignity of the existing laws, education with punishment, and regulate the behavior of the lawyer's practice. To further strengthen the professional ethics and practice discipline of practicing lawyer education and honesty education, to put the two education as the important content of the mechanism of strengthening the construction of lawyers hold on for a long time. To further standardize the internal management of law firms and lawyers working behavior, give full play to the law firm of self-discipline, strengthen the supervision of practicing lawyers, prevent all kinds of violations of laws from the system. Should attach great importance to the opinions of lawyers work from all parties in society, the specification of lawyers and law firms of the complaint investigation. At the same time, should timely report the relevant situations of the complaint investigation, strive to achieve the result of investigate a education again.
 
(3) improve the practice environment, develop the lawyers.
 
First of all, law should give greater rights to a lawyer, a lawyer can be more to the parties to provide legal services. Next, want to have preferential policy, the law firm at the county level can not only to retain people, at the same time, also can attract foreign lawyer's practice; Again, to encourage the province, city law firm, in particular, some brand, scale, so the form of a branch office, to seek development at the grassroots level supporting grassroots lawyers work, multimode to stabilize and strengthen the basis of our lawyers. Finally, give priority to in order to advocate and actively promote the scale and brand construction. The judicial administrative organs at various levels shall in creating scale, brand above efforts, guide, encourage and support the merger or combination, and strengthen supervision and propaganda. To take practical measures to prevent the large outflows, differentiation and backbone lawyers by fundamentally curb the momentum of the increasing number of smaller law firm in China, so as to improve the lawyer's practice environment.
 
In short, to improve the importance to strengthen the construction of professional ethics and practice discipline, the necessity of understanding, enhance work consciousness, increase the intensity of work, take effective measures, improve the work of lawyers' professional ethics and practice discipline construction level. To strengthen the education of lawyers' professional ethics and practice discipline, stimulate the lawyer consciously in accordance with the moral need to regulate their own behavior, improve the lawyer's moral self consciousness and accomplishment, to set up the professional sense of honor and closely combine to professional responsibility, the law duty and moral duty closely combined with the implementation of practicing behavior and abide by combining disciplinary rules and abide by the professional ethics and practice discipline into the conscious action of a lawyer. Lawyers' professional ethics and practice discipline reorganization is to work for a serious breach of professional ethics and practice disciplines of lawyers, must promptly investigate and punish, punish mercilessly, resolutely correct unhealthy tendencies in some industries, a lawyers pure and healthy. To establish a long-term mechanism of the construction of the lawyers' professional ethics and practice discipline, ensure that lawyers' professional ethics and practice discipline construction issue, receive the actual effect.#p#分頁標題#e#
 
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