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英国essay代写:An analysis of the British lawyer system

2019-04-11 | 来源:51due教员组 | 类别:Essay代写范文

本篇essay代写- An analysis of the British lawyer system讨论了英国的律师制度。英国的律师制度在13世纪就有了,而诉讼代理人也逐渐演变成一种职业,辩护律师也在此时诞生。英国的律师制度分为出庭律师和诉状律师两大类。出庭律师享有从中央到地方一切法院的辩护权,诉状律师则主要承办一般性的法律业务。本篇essay代写51due代写平台整理,供大家参考阅读。

British lawyer system,英国律师制度,essay代写,代写,paper代写

Britain's lawyer system came into being early on. In the 13th century, the British agent ad litem appeared, and later gradually evolved into a profession. Defence lawyers also arise at this time. In the 14th century, a number of small law schools in the United Kingdom were established to train lawyers specifically. Defence lawyers can only be replaced by barristers, who not only defend their clients, but also engage in legal education. The personal protection law of 17th century clearly stipulates the principle of the defendant's right to defence, which makes the British defense lawyer system have a legal basis. The enactment of the Law on Courts divides the practice of lawyers in the United Kingdom into two categories: solicitors and barristers.

With the continuous popularization and development, these two types of lawyers gradually in the training program, qualification and other aspects of the distinction, become the British characteristics of the two yuan system of lawyers. There are two main characteristics of the British lawyer system. First, the lawyer system is divided into two broad categories. One category is a barrister, and the other is a solicitor. The barrister enjoys the right to defence of all courts, from the central to the local, and the solicitor mainly undertakes general legal business. Moreover, a barrister who has completed 10 years of practice may be appointed as a judge of the High Court. Secondly, the selection of lawyers is very strict. Barristers and solicitors belong to different legal associations. The barrister should study in one of the four major law societies, and the talents who pass the strict examination can obtain the qualification of the profession.

Solicitors, on the other hand, have to be in a law firm for 4-5 years and undergo a rigorous examination before they can obtain an industry licence. The British lawyer system has made strict provisions for training programs. For example, a solicitor should be a trainee in a law firm for 4-5 years and undergo a rigorous examination before he can obtain an industry licence.

The barrister should study in one of the four major law societies, and the talents who pass the strict examination can obtain the qualification of the profession. Therefore, in view of this problem, I think that schools should decide on the actual types of subjects to be set up for their own schools, and in a conditional manner to delete or join the teaching of some subjects. For some schools where the main direction is not liberal arts, you can limit the number of places to enroll or take a few years of enrollment measures, and strive to cultivate high quality products. At the same time, in the quality, the school should take the combination of theory and practical cases to teach, to focus on the cultivation of the elite.

For example, in real-world teaching, it is possible to suggest additional school hours for practical courses to allow students to go to courts, examinations, law firms for internships and to specify the amount of hours to be repaired, which is valuable for increasing students ' practical analytical skills. Lawyers in the UK are divided into two categories, barrister and litigator, serving in different fields.

At the moment, there is a lot of controversy about whether British lawyers should be divided into areas, but in the middle of this we can still draw on useful experience. The qualification of Chinese lawyers for induction is the unified judicial examination of the country. In the judicial examination, it involves the knowledge of various departments and laws, which plays a great role in the investigation of the overall accomplishment of lawyers. However, in general, lawyers work on a specific field of law after they do business.

The comprehensive nature of the judicial examination and the relevance of the work of the lawyer after the induction of the post will be contradictory, may produce a lawyer after the induction period of some time. Therefore, after the judicial examination and before the lawyer's induction, the society can do a training or further study task for the lawyer according to the aspect of the Department law. For example, if the professional tendency is to defend the civil cases such as divorce disputes, we can carry on the continuation study of the marriage law before the induction. Of course, there are drawbacks to this vision.

This will prolong the training time of lawyers and may result in a waste of social resources.

At present, there are serious problems in China's lawyer access system, a large number of undocumented lawyers, "black lawyers" widely exist, and because of the particularity of the lawyer industry, but also requires lawyers to have a high moral level and political awareness, so, should eliminate bad lawyers, purify lawyers of the industry personnel. First of all, China should increase the supervision of lawyers "entry into the profession." At present, China has adopted a principle of autonomy for the lawyer system, which encourages the emergence of undocumented lawyers and "black Lawyers". Therefore, when lawyers enter the office, the government can conduct a spot check on the qualification certificate of the firm and other places to outlaw the law firm without a license. Authorities can set up a reporting platform on the official website, and people can report it anonymously when they find unscrupulous lawyers such as "black Lawyer."

This approach not only improves efficiency and saves resources, but also ensures that the government does not interfere excessively with the legal profession, thus achieving the principle of the autonomy of the lawyer system. Secondly, we should increase publicity to the public, encourage people to consult qualified and competent lawyers, and put an end to "black lawyers" at the source.

Undocumented lawyers do not have a consultant and are naturally unable to work as lawyers. However, the resistance to this measure is that public consultation with qualified lawyers will charge higher consultation fees and defence costs, making litigation more expensive. In view of this dilemma, I think that the Government should formulate the relevant system for the charging of lawyers. At present, China's lawyer fee system is still formulated in 1991, the standard is too old, some provisions are unreasonable.

Therefore, the Government should formulate new charging standards in line with today's development as soon as possible, and increase the management of indiscriminate charges. The lawyer system shows the process of rule of law in a country and plays an inestimable role in the development of the country. Perfecting the lawyer system is an effective way to perfect the litigation system of our country and improve the level of the construction of the rule of law in our country. Drawing lessons from foreign relevant systems can provide ideas for the reform of our country. At the same time, we should also use flexibly to embed experience in China's soil in a conditional and appropriate manner, so that it can become a system to adapt to the construction of the rule of law in China.

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