Perfection of lawyer disciplinary procedures
|School||Central South University|
|Keywords||punishment to lawyer punishment procedure to Lawyer profession autonomy judicature final examination|
Lawyer punishment widely exists in the practice of lawyermanagement, but the qualitative question concerned lawyer punishmentprocedure is puzzling the theorists and the practical realm continuously.The procedure is different with the lawsuit procedure and theadministrative procedure in its particularity of main body, goal and basis.It essentially is one kind of independent autonomy procedure.The unique value of the procedure lies in realizing lawyerpunishment, maintaining the development of lawyer industry and thepublic benefit of our society. The procedure is one kind of independentautonomy procedure, therefore, its formulation and design must followunique principles including the profession autonomy and the judicaturefinal examination, except following the main routine principles such asthe democracy, publicity and so on.In western main countries such as America, England, Japan, France,German, the procedure design has experienced a long process, relativelyquite completes, and presents characteristics on emphasizing professionautonomy, establishing scientific punishment organization, matchingreasonable punishment personnel, considering litigant’s procedureparticipation, intending complete relief program, valuing judicature finalexamination, still unceasingly is reconsidered and improved.After several stages of development, the legislation of the procedurein our country still has some questions—the disposition of punishmentpower unreasonable, the procedural movement mechanism imperfect. Inview of the problem existed in our country’s disciplinary punishmentprocedure, the author believed that, must dispose the punishment powerin scientific way, which should be exercised uniformly by the barassociation, and construct the reasonable punishment organizationconstruction. In bar association interior, should establish specialpunishment committee including request committee, prosecutioncommittee, adjudication committee, and executive committee. Set uppunishment court in the intermediate people’s court where the punishment committee lies. Then clear the function about various organizations above.Meanwhile, in order to accomplish the procedural movement mechanism,we ought to emphasize the social public participation on matchingpunishment personnel by giving them the fight to start the procedure,design procedure stages that concern the acceptance, the investigation,the hearing, the trying, the finding, the reconsidering, the execution, andthe judicial examination reasonably.