2011UCLA Pacific Basin Law JournalOpen access

From Socialist Ethics to Legal Ethics: Legal Ethics, Professional Conduct, and the Chinese Legal Profession

Leland Benton

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Abstract

When the first lawyers of the modern Chinese legal regime began work in 1980, the role they played in society was radically different from the role played by lawyers in China today, as were the professional requirements placed upon them. This paper examines the development of the legal profession and the conception of what it means to be a "lawyer" in China. Consideration is also extended to the increasing independence granted to the legal profession by the Chinese government as well as the controls and supervision still in place. The system of professional responsibility is presented through an analysis of the Lawyer's Law, which serves as the legislative basis of the Chinese legal profession, and the ethical and professional problems that present themselves in the day-to-day practice of Chinese lawyers. Finally, some modest suggestions for how to improve the situation are offered.

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When the first lawyers of the modern Chinese legal regime began work in 1980, the role they played in society was radically different from the role played by lawyers in China today, as were the professional requirements placed upon them. This paper examines the development of the legal profession and the conception of what it means to be a "lawyer" in China. Consideration is also extended to the increasing independence granted to the legal profession by the Chinese government as well as the controls and supervision still in place. The system of professional responsibility is presented through an analysis of the Lawyer's Law, which serves as the legislative basis of the Chinese legal profession, and the ethical and professional problems that present themselves in the day-to-day practice of Chinese lawyers. Finally, some modest suggestions for how to improve the situation are offered.

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Available abstract

When the first lawyers of the modern Chinese legal regime began work in 1980, the role they played in society was radically different from the role played by lawyers in China today, as were the professional requirements placed upon them. This paper examines the development of the legal profession and the conception of what it means to be a "lawyer" in China. Consideration is also extended to the increasing independence granted to the legal profession by the Chinese government as well as the controls and supervision still in place. The system of professional responsibility is presented through an analysis of the Lawyer's Law, which serves as the legislative basis of the Chinese legal profession, and the ethical and professional problems that present themselves in the day-to-day practice of Chinese lawyers. Finally, some modest suggestions for how to improve the situation are offered.

Key concepts: Legal profession, Legal ethics, Professional responsibility, Independence (probability theory), Law, Legislature, China, Government (linguistics)

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