《中华人民共和国律师法》的颁布与律师制度改革的深化

《中华人民共和国律师法》的颁布与律师制度改革的深化

THE PROMULGATION OF THE LAWYERS LAW OF THE PEOPLE'S REPUBLIC OF CHINA AND THE DEEPENING OF THE REFORM OF LAWYER SYSTEM

1996年5月15日,经八届全国人大常委会第十九次会议审议通过,《中华人民共和国律师法》颁布,并于1997年1月1日起施行。《律师法》的颁布是我国律师事业发展中的一座新的里程碑。律师的身份也从“国家法律工作者”转变成了“社会法律工作者”;律师不再是国家公职人员,而成了社会职业群体中的一员。与之配套的律师事务所,也随之出现了合伙制、合作制、国资所并存的格局,律师事业的发展跨入了崭新的时代。

On May 15, 1996, the Lawyers Law of the People's Republic of China was promulgated and went into effect on January 1, 1997 after being deliberated and adopted at the 19th meeting of the Standing Committee of the Eighth National People's Congress. The promulgation of the Lawyers Law is a new milestone in the development of my country's lawyers' career. The status of a lawyer has changed from a “national legal worker” to a “social legal worker”. The lawyer is no longer a national public official, but a member of the social professional group. The corresponding law firm has also become a pattern of partnership, cooperation, and state-owned firms, and the development of the lawyer's career has entered a new era.

自1997年《律师法》实施以来,律师行业进入到一个规范发展的新时期,律师事务所的内部管理不断规范化,一些先进的管理理念和现代化的管理方法被运用到律师管理工作中,规模化的律师事务所开始出现并得到发展。律师的专业化分工不断提升,一批以房地产、金融、公司事务、知识产权、海事海商为主要业务内容的专业化律师事务所不断涌现。律师业务也深入到了重大经济社会活动以及立法、政府决策、参政议政、服务民生等各项工作中,天津律师业逐步走向了成熟。

Since the implementation of the Lawyers Law in 1997, the lawyer industry has entered a period of standardized development. The internal management of law firms has been continuously standardized. Some advanced management concepts and modern management methods have been used in the management of lawyers. Large-scale law firms began to appear and develop. The specialized division of labor in the law industry has continued to increase, and a number of specialized law firms with real estate, finance, corporate affairs, intellectual property rights, maritime affairs and maritime trade as their main business content have continued to emerge. The lawyer's business has also penetrated into major economic and social activities and legislation, government decision-making, participation in and discussion of politics, serving the people's livelihood, etc., and Tianjin's lawyer industry has gradually matured.

在改革与发展的进程中,天津律师迎来了新世纪。2000年8月,司法部在天津召开专题会议,对律师事务所的脱钩改制工作作出全面部署,下发了《律师事务所社会法律咨询服务机构脱钩改制实施方案》。随后,全国各地的律师事务所开始了脱钩改制工作。11月1日,天津市司法局在静海召开了天津市律师事务所脱钩改制工作会议,天津的律师体制再次进行重大变革,所有国办性质的律师事务所全部脱钩改制为合伙制或合作制,律师事务所成为了真正意义上的自主经营、自我发展、自负盈亏、自我约束的市场主体。当时,各项工作平稳进行,全市有66家律师事务所、331名律师在很短的时间内就办理了脱钩改制。到2001年,全市国资所的脱钩工作基本完成。

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2000年8月7日至8日全国司法行政系统中介机构脱钩改制工作会议在天津召开
Working Conference on Decoupling and Restructuring of Intermediary Institutions of the National Judicial Administration System was held in Tianjin from August 7 to 8, 2000(https://www.daowen.com)

In reform and development, Tianjin lawyers ushered in a new century. In August 2000, the Ministry of Justice held a special meeting in Tianjin to make overall arrangements for the decoupling and restructuring of law firms, and issued the Implementation Plan for the Decoupling and Restructuring of Law Firms' Social Legal Consultation Service Institutions. Subsequently, law firms across the country carried out decoupling restructuring. On November 1, the Tianjin Municipal Bureau of Justice held a meeting on the decoupling and restructuring of Tianjin law firms in Jinghai County. The Tianjin lawyer system has undergone major changes again. All state-run law firms have been decoupled and restructured into partnership or cooperative systems. Law firms have become market entities in the true sense of self-management, self-development, self-financing and self-restraint. At that time, various tasks were carried out smoothly. There were 66 law firms and 331 lawyers in the city underwent decoupling restructuring in a short period of time. By 2001, the decoupling of the city's state-owned assets offices was basically completed in that year.

2008年6月1日,新《律师法》开始实施。新《律师法》对律师进行了重新定义,由“为社会提供法律服务”变为“为当事人提供法律服务”,同时明确了律师的社会价值,即“律师三维护”:维护当事人的合法权益、维护法律正确实施、维护社会公平和正义,使律师职业的崇高性重新得到了认识。关于律师事务所的组织形式,新增了个人所,合作所退出了历史舞台,合伙所与个人所成为了律师事务所的主要形式,律师行业的发展又进入了一个新的时期。

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全国司法行政系统中介机构脱钩改制工作会议
National Working Conference on Decoupling and Restructuring of Intermediary Institutions of the Judicial Administration

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天津市律师事务所脱钩改制工作会议
Working Conference on Decoupling and Restructuring of Tianjin law firm

On June 1, 2008, the new Lawyers Law came into effect. The new Lawyers Law redefines lawyers from “providing legal services to the society” to “providing legal services to clients”, and clarifies the social value of lawyers, that is, the “three protections of lawyers”: safeguarding the legal rights and interests of clients, maintain the correct implementation of the law, maintain social fairness and justice, and re-recognize the lofty nature of the lawyer's profession. Regarding the organizational form of law firms, individual firms have been added, cooperative firms have withdrawn from the stage of history, partnership firms and individual firms have become the main forms of law firms, and the development of the lawyer industry has entered a new era.