绪 论

INTRODUCTION

中国近代史学界公认的法典意义上律师制度的建立，是北洋政府于1912年9月16日颁布的《律师暂行章程》。这是中国历史上第一部律师法典。

The establishment of the lawyer system in the sense of a code recognized by the modern history of China was the Provisional Regulation of Lawyers promulgated by the Beiyang Government on September 16, 1912.This is the first lawyer's law in Chinese history.

文化或制度的建立，并不是一蹴而就的，尤其是在新旧杂陈、动荡变迁的清末民初。受农耕社会沿袭千年亲亲尊尊的宗法准则的影响，旧思想、旧势力对代表民主与法治的新职业群体的禁止、限制和戒备，使得律师这个群体在完成于禁锢中生存、在发展中模仿、在壮大中规范的历史进程中付出了极大的艰辛，而这段“萌芽于讼师，催化于西律，产生于清末，施行于北洋”的律师文化的起源更经历了一个自外而内、上下齐动，并且抗争与融合对立统一的过程。民间讼师这个独特社会群体的存在，在几千年的传统社会中实实在在地扮演了与近代律师极为相似的角色。同时，在外国传教士、洋律师享受的治外法权所体现的司法结构中，在清政府意欲变法图强的格局下，一个可完成自我规制的新兴法律职业阶层——律师，终于在民国元年横空出世了。(https://www.daowen.com)

The establishment of culture or system did not happen overnight, especially in the late Qing Dynasty and the beginning of the Republic of China when the old and the new were mixed and turbulent.Affected by the patriarchal norms that the farming society has inherited for thousands of years, the old ideas and forces have played a role in representing democracy and the rule of law.The prohibition,restriction and guard against the new professional group of the lawyers have made the lawyers this group have completed the historical process of survival in imprisonment, imitating in development, and standardizing in growth.The origin of the lawyer culture, which was catalyzed by western Law, was born in the late Qing Dynasty, and was implemented in Beiyang, has experienced a process of struggle and integration of opposites and unity from the outside to the inside.The existence of the unique social group of civil litigators has played a role very similar to modern lawyers in traditional society for thousands of years.At the same time, in the judicial structure embodied by the extraterritorial rights enjoyed by foreign missionaries and foreign lawyers, and under the pattern of the Qing government's desire to reform the law, a new class of legal professions that can complete selfregulation——lawyers, finally born in the first year of the Republic of China.

在催生律师职业复杂而渐进的过程中，有诸多翔实的史料从不同角度指向天津，研究近代百年中国律师制度的起步和发展，在源头上，无论如何是绕不开天津的。

In the complex and gradual process of giving birth to the lawyer profession,there are many informative historical materials pointing to Tianjin from different angles.To study the start and development of the Chinese lawyer system in the modern century, Tianjin cannot be avoided at the source.