Professional Ethics of China Construction Lawyers; The concept of ruling the country by law is deeply rooted in the hearts of the people and the progress of the rule of law in china is accelerated, which makes the status of lawyers in the legal profession improve, and the status of lawyers in the process of rule of law in china is also more prominent From the ecological perspective of ruling the country by law, the social responsibilities and work responsibilities undertaken by lawyers have changed.
Here are the articles to answer, the doubts about the Professional Ethics of China Construction Lawyers’
How to properly protect the interests of clients and regulate their own words and deeds with professional ethics is a major issue that lawyers need to think about at this stage. Based on the perspective of ruling the country by law, this paper comprehensively considers lawyers’ practice ability, moral cultivation and ideals, and beliefs, and puts forward opinions on standardizing lawyers’ professional ethics, to help promote the strategy of ruling the country by law. What is the Definition and Meaning of Juristic Personality?
An overview of the basic theory;
In the process of engaging in legal activities and performing their duties, lawyers should abide by certain codes of conduct and believe in certain morality, which is the professional ethics of lawyers. A lawyer’s professional ethics is also a comprehensive reflection of a lawyer’s integrity, political quality, disciplinary style, service awareness, and ideological quality. In the new era, lawyers’ professional ethics cover six levels of content.
First, for the people. The people are the directors of the state, and any practice that lawyers engage in must not deviate from the interests of the people. They must have the courage to assume social responsibilities and safeguard the interests of the people. For example, lawyers should actively participate in legal aid, social law popularization, and social welfare activities, and truly become qualified lawyer who defends the interests of the people.
Second, loyalty. Lawyers must be loyal to the socialist legal cause and establish socialist ideals and beliefs. Lawyers should also be loyal to their clients, guide them to move forward along the legal and correct route, protect their legitimate rights and interests, and refrain from false promises and false propaganda.
Third, justice. Lawyers should be based on their work, treat their clients fairly, and spread positive energy in society. For example, lawyers should not coax their clients to spread rumors in society for financial gain.
Fourth, is dedication. After accepting the entrustment of a client, a lawyer must be dedicated to his job, complete the work assigned by the client within the scope of the law, establish a correct practice concept, and enhance the image of the lawyer in the public mind.
Fifth is the rule of law. In the process of practicing law, lawyers must defend the dignity of the Constitution and the law, properly handle the relationship with administrative and judicial organs, guide the masses to abide by discipline and law and take the lead in abiding by the Constitution and laws, and promote the process of ruling the country according to law.
Sixth, integrity. Lawyers must prevent perjury and induce witnesses to collude in the practice process, and the privacy and secrets known in the practice process must also be kept strictly confidential.
The performance of lawyers’ professional ethics anomie;
(1) Compete with each other and pursue fame and fortune;
Every lawyer is a part of the legal profession community, and the image of every lawyer is related to the overall image of the legal profession. At this stage, to pursue economic interests, some lawyers undertake cases by derogating other lawyers, making false promises, and false propaganda to the parties.
First of all, when lawyers carry out publicity and promotion, they do not focus on the case itself. They publicize their social background to the client, belittle other lawyers, and exaggerate the number of cases they handle and their past performance, but in the end, they do not complete the client’s entrustment.
Secondly, in the stage of charging fees, lawyers take advantage of the fact that the parties do not understand the law to increase the case-handling procedures, teach the complexity of the case in disguise, and then charge additional fees. Some lawyers even bypass law firms and collect fees privately by falsifying letters.
Finally, some lawyers slandered the lawyers of the first-instance case in the second-instance case, which intensified the vicious competition within the legal profession. All in all, the practice of lawyers who look down on their peers and pursue fame and fortune not only affects the sustainable development of the legal profession but also causes the industry’s profits to be completely lost.
(2) Insufficient literacy and poor business;
In the era of the knowledge economy, the speed of knowledge change is accelerated, and many laws and regulations are updated quickly. Only by constantly updating their knowledge structure and transforming from generalization to refinement can lawyers adapt to changes in the legal market environment. At this stage, some lawyers rely on their peers’ experience in handling cases or have a solid foundation to handle legal affairs, and do not actively learn the latest legal knowledge and practice skills. Inefficiency.
In addition to the professional level, some lawyers do not pay attention to speech manners & dress. For example, after losing the case, a lawyer in Northeast China arbitrarily accused the judges of unfair treatment without evidence, and even put on a printed T-shirt and stood at the door of the court after the event, which hurt the society and seemed to harm the lawyer. the overall image of the industry. Explain the Negotiable Instruments Act 1881!
(3) The relationship is complicated and lacks principles;
Typical manifestations are that some lawyers fail to properly control their relationships with judicial and administrative staff, submit to judicial and administrative powers too much, secretly collude with relevant personnel, and artificially manipulate the outcome of cases, undermining judicial credibility and fairness, and harming others. the legitimate rights and interests of a party. Some lawyers won the case by offering bribes, forging evidence, etc., losing the justice and professional ethics that they should uphold, and finally going to the road of crime.
For example, in the Shanxi “Hao Jianhua” case, the Beijing “Ma Yuhong” case, and the Kunming “Deng Hua” case, the lawyers involved in the case solicited the source of the case by offering bribes and other means and disrupted the normal trial of the case by offering bribes. The above-mentioned improper behavior not only degrades the majesty of the legal profession but also tramples on the dignity and bottom line of the rule of law, which is contrary to our country’s strategy of governing the country by law.
(4) Lack of integrity and indifference to ideals;
On the one hand, some lawyers lack integrity, avoid talking about the key issues of the case, and blindly evade when encountering difficulties, which damages the interests of the parties. For example, after a lawyer in Shandong charged lawyer fees, he avoided the client by refusing to answer the phone when he encountered difficulties in handling the case and did not refund the lawyer fee, which finally caused the client to report to the Lawyers Association.
In addition, some lawyers did not consider their case-handling ability and serviceability when undertaking cases and even made promises to the parties to “win the case”, which led to the miscalculation of the lawyer’s ability to the parties. On the other hand, lawyers, as part of the big social family, should be concerned about national interests, social public interests, and people’s interests. However, some lawyers only focus on their interests, have weak ideas on the rule of law, and are unwilling to assume corresponding social responsibilities.
For example, in legal aid cases, some lawyers handle the case with a “perfunctory” mentality due to the low cost. They do not pay any attention to the interests of the parties to the case. Interests. Another example is that some lawyers are not keen to participate in legal popularization activities and other public welfare activities, and they are dismissive of social construction and the interests of the people, which violates the professional ethics of lawyers.
Suggestions on Strengthening the Construction Lawyers’ Professional Ethics;
(1) Improve professional ethics;
The All-China Lawyers Association has paid great attention to the problem of anomie of lawyers’ professional ethics in practice. In 2011, it issued relevant industry regulations, stipulating lawyers’ practice discipline, professional ethics, and code of conduct. However, this provision is too general and has weak operability, making it difficult to meet the needs of governing the country by law in the new era.
Therefore, it is necessary to revise the relevant industry regulations, further refine the behavior of lawyers’ professional ethics anomie, stipulate corresponding responsibilities, get rid of the idea of empty words and formalities, ensure that industry regulations are feasible, and truly implement industry regulations into real life. middle. In addition, when revising or promulgating industry regulations, it is necessary to avoid principled content and focus on the specificity of regulatory provisions.
(2) Improve legislation;
First of all, to target the black sheep in the team of lawyers and play a warning role in the team of lawyers, it is necessary to amend the Lawyers Law and improve the content of the law on punishment for violations and legal liabilities. Lawyers’ violations and typical violations that are common in real life should be incorporated into the Lawyer’s Law.
Secondly, when revising the Lawyers Law, we should pay attention to the connection between this law and the Administrative Punishment Law and the Criminal Law, coordinate the relationship between the laws, and prevent the occurrence of “substituting punishment for punishment”.
Third, it is necessary to strengthen the management of law firms, refine the legal responsibilities of law firms from the legal level, and supervise the bad behavior of law firms.
Finally, extreme measures are taken to prevent lawyers from being denied access to their rights. This article argues that when the Lawyers Law is revised, attention should also be paid to the field of lawyers’ rights and remedies so that powers and responsibilities are unified.
All in all, the revision of the Lawyers Law should be adapted to the situation of social development. In particular, attention should be paid to the areas with high incidence in real life but there are legislative gaps, to make up for the shortcomings of legislation.
(3) Focus on education and training;
At this stage, the focus of lawyer training in different regions is different. Some regions focus on practicing skills, while others may focus on laws and regulations. This article believes that the first thing that lawyers should focus on in vocational training is professional ethics education. It is necessary to enhance lawyers’ understanding of the Lawyer’s Law and other industry regulations and to include normative documents related to practice discipline and professional ethics into the key learning content. Raise lawyers’ awareness of practice discipline and professional ethics.
In addition, the Lawyers Association should also pay attention to the assessment of practice discipline and professional ethics when assessing trainee lawyers. For those who fail to pass the assessment in this field, ideological education should be strengthened to ensure high moral quality, strong ideological and political awareness, and service. Persons with strong consciousness enter the team of lawyers, and those with low moral literacy, weak ideological and political awareness, and a weak sense of service are excluded from the team of lawyers.
(4) Improve the supervision mechanism;
To regulate the practice of lawyers and improve the ability of lawyers to serve, we should not only start from the aspects of legislation and education and training, but also improve the punishment mechanism for violations, urge lawyers to develop a sense of responsibility, and prevent lawyers from touching the red line of violations of laws and regulations.
On the one hand, it is necessary to improve the supervision mechanism, strengthen the supervision of social citizens (especially the parties) over lawyers, broaden the channels for public complaints, timely detect the violation of laws and regulations in the practice of lawyers, and eliminate the black sheep hidden in the legal team. Create a good practice atmosphere in the market. At the same time, it is possible to consider setting up a supervisory committee to supervise lawyers’ service work to improve the professionalism of supervision work.
The Supervisory Committee is mainly responsible for the supervision of lawyers and law firms and has the right to disclose the bad behavior of lawyers. The supervisory committee should also regularly give material and spiritual rewards to the public welfare models and moral models among lawyers. While rectifying the discipline, they should also play the role of lawyers as role models and spread positive energy in the legal market.
(5) Implementing a regular assessment mechanism;
Judicial and administrative organs regularly assess lawyers, refine the content of assessments, improve assessment procedures, and avoid the formalization of regular assessments. This article believes that when assessing a lawyer, not only the professional level and professional ability of the lawyer should be assessed, but also the professional quality and personal integrity of the lawyer should be assessed, and the public should be publicized to prevent the public from being deceived when entrusting lawyers.
In addition, judicial and administrative organs should also conduct regular assessments of law firms, assessing the supervision mechanism, social reputation, and financial capacity of law firms, and improving the management and service capabilities of law firms.
Lawyers are not only defenders of the rights and interests of clients, but also an important part of the national judicial system, shouldering the important mission of resolving social disputes and safeguarding the legitimate rights and interests of the people. The construction lawyers’ professional ethics is the proper meaning of comprehensively promoting the rule of law, it is a necessary guarantee for establishing the awareness of the rule of law in the society and enhancing the status of lawyers, and it is also an inevitable requirement for promoting the construction of a legal professional community.
However, due to the short period of construction of the professional ethics system for lawyers in my country, there is still a large gap compared with the international level. Therefore, in the future, it is necessary to start from the level when promoting the construction of professional ethics for lawyers. Governing the country by law is a long-term and systematic project, and the construction lawyers’ professional ethics, as an important part of it, has received extensive attention from all walks of life. This paper pays close attention to the proposition of lawyers’ professional ethics and analyzes this field by using the theoretical theories they have learned, hoping to inject fresh theoretical vitality into the construction lawyers’ professional ethics.