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The British legal system

2018-10-11 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- The British legal system,供大家参考学习,这篇论文讨论了英国的律师制度。英国的律师制度有两个特点,一是律师制度分为出庭律师和诉状律师。出庭律师享有从中央到地方一切法院的辩护权,诉状律师主要承办一般性的法律业务。二是律师的选任十分严格。出庭律师和诉状律师属于不同的法律协会。出庭律师要在四大法学会之一中学习,并通过严格考试后的人才可以取得从业资格。而诉状律师则要在律师事务所见习45年,再经过严格的考试才可以获得行业执照。

British legal system,英国律师制度,assignment代写,paper代写,美国作业代写

An important mark of modern judicial system is the establishment and prosperity of lawyer system. However, China's lawyer system started late. In many aspects, we can learn from the more developed lawyer system in other countries and put forward corrective and improvement measures. This article will focus on the British legal system to describe the research, and through the current situation of China's lawyers to make a comparison, so as to put forward useful recommendations.

The perfection of the legal society is the result of the efforts of legislation, judicature and administration, and the lawyer system, as an important system in judicature, is of great significance for perfecting the judicial lawsuit system and reflecting social fairness and justice. The British legal system is older and more mature than we are. Therefore, it is necessary for us to learn from the British legal system and improve our legal system.

The British legal system came into being very early. In the 13th century, litigation agents in the United Kingdom emerged and gradually evolved into a profession. Defense lawyers are also created at this time. In the 14th century, a number of small English law schools were set up to train lawyers. Defense lawyers can only be replaced by trial lawyers, who not only defend clients, but also engage in law. In the 17th century, the habeas corpus (habeas corpus act) clearly stipulated the defense right principle of the defendant, which made the British defense lawyer system have the legal basis. The enactment of the court act divided the practice of British lawyers into two kinds: solicitor and barrister. With the constant popularization and development, these two kinds of lawyers are gradually differentiated in terms of training programs and qualification awarding, and become the dual system of lawyers with British characteristics.

The British legal system has two main features. The legal system falls into two broad categories. One is a trial lawyer and one is a solicitor. Trial lawyers enjoy the right of defense in all courts from central to local. Also, trial lawyers who have been in practice for 10 years may be appointed to the high court. Lawyers are chosen strictly. Trial lawyers and solicitors belong to different legal associations. Trial lawyers are required to study in one of the four law societies, and those who pass a rigorous exam can be qualified to practice. A solicitor would have to spend four to five years as an apprentice in a law firm, and then pass a rigorous exam to be licensed.

The British legal system has strict regulations on training programs. For example, a solicitor would have to spend four to five years as an apprentice in a law firm before passing a rigorous exam to obtain an industry licence. Trial lawyers are required to study in one of the four law societies, and those who pass a rigorous exam can be qualified to practice.

Therefore, in view of this problem, I think schools should decide the types of subjects to be set up according to the actual situation of their own schools, and conditionally delete or add some subjects to the teaching. For some schools whose main area of study is not liberal arts, they can limit the number of students or take measures to recruit students for several years in order to cultivate high-quality products. At the same time, in terms of quality, schools should adopt a combination of theory and practical cases to teach, with an eye on cultivating elites. For example, in the actual teaching, it can be suggested to add the class time requirements of practice courses, and let students practice in courts, examination institutes and law firms and specify the amount of class hours to be taken. In this way, it is valuable to increase students' practical analytical ability.

Lawyers in the UK are divided into trial lawyers and litigation lawyers, serving in different fields. At the moment, there is a lot of debate about whether British lawyers should be divided into sectors, but there are still useful lessons to be learned.

The qualification of lawyers in our country is the national uniform judicial examination. In the judicial examination, the knowledge of each department of law is involved, which is of great significance to the investigation of lawyers' overall quality. In general, however, lawyers work in a specific legal field. The comprehensiveness of the judicial examination and the pertinence of the work after the lawyer is on duty will have contradictions, which may lead to a period of running-in period after the lawyer is on duty.

Therefore, after the judicial examination, before the lawyers go on duty, the society can do a training or further learning task for the lawyers according to the department law. For example, if the occupation tendency defends the civil case such as the divorce dispute, may carry on the marriage law to continue the study before the duty. There are, of course, drawbacks to this scenario. This will prolong the time of lawyers' training and may waste social resources.

At present, there are serious problems in the access system of lawyers in China. A large number of unlicensed lawyers and "black lawyers" are widely existed. However, due to the particularity of the lawyer industry, lawyers are required to have a high moral level and political consciousness.

First, China should strengthen the supervision of lawyers' entry into the industry. At present, China adopts an autonomous principle for the lawyer system, which promotes the emergence of undocumented lawyers and "black lawyers". So, when lawyers enter the profession, the government can carry on the qualification certificate spot check to the office and so on, outlaw the law firm that does not have card mount guard. Authorities can set up a platform on the official website to report the case. When people find unscrupulous lawyers such as "black lawyers", they can report the case anonymously. This practice not only improves the efficiency and saves resources, but also ensures that the government does not interfere excessively in the lawyer industry, thus achieving the principle of autonomy of the lawyer system.

Second, we should increase publicity to the public and encourage them to consult qualified and competent lawyers to eliminate "black lawyers" at the source. Without a consultant, an unlicensed lawyer cannot work as a lawyer.

The resistance to such a measure, however, is that qualified lawyers will charge higher consulting fees and defence fees, making litigation more expensive. In view of this dilemma, I think the government should establish the relevant lawyer fee system. At present, China's lawyer fee system is still established in 1991, the standard is too old, some regulations are unreasonable. Therefore, the government should formulate as soon as possible new fee standards in line with current development, and strengthen the management of arbitrary fees.

The lawyer system shows the rule of law process of a country, which plays an inestimable role in the development of a country. To perfect the lawyer system is an effective way to perfect the litigation system and improve the legal construction level in China. By using the relevant system of foreign countries for reference, we can provide our reform ideas. At the same time, we should flexibly apply the experience and properly implant it into the soil of China, so that it becomes a system adapted to the rule of law construction in China.

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