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Reform of the Accountability System of Chinese Defense Lawyers
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    Abstract:

    Defense lawyers accountability for binary system has its historical evolution of the origin and the professional theory foundation, the reform is difficult to adapt to a defense lawyer scale expansion and identity change, lead to a defense lawyer criminal responsibility for frequent responsibility and administrative responsibility and discipline to distinguish the unknown aspects of realistic foundation. Outside of the defense attorney accountability paradigm comparison, the dominant modes of American court, Germany's jointed dominant mode, and the Japanese bar exclusive mode is worth reference, the all China lawyers association fully autonomous is lack of universality, which shall enjoy the right of some regulation reflecting the modern country under the rule of law, it is the basic principle of decentralized management. Defense lawyer accountability for the reform path of binary system including the binary system of judicial reform, implement macro regulation and micro accountability for relatively independent effective connection, discipline, responsibility and administrative responsibility. Necessary defense lawyers undertaking civil compensation should be brought into the regulatory system, it is realized from the dual system to quasi ternary system transformation, promoting the defense lawyer system of accountability for three-dimensional.

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History
  • Received:
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  • Online: August 14,2018
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