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On the Existence and Abolition of the Part-time Lawyer System in China - Centering on Judicial Impartiality and Legal Education

Jin lulun 1,  Jinxin 2

1중국 연변대학교 법과대학 교수
2중국연변대학교 법과대학 석사과정

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ABSTRACT

The part-time lawyer system began in the 1980s, whichwas a productof the special historical background and social environment under thesocial environment thatour country need the legal professionals urgently atthat time, but this situation does not exist any more. Hereafter, theMinistry of Justice has issued the Administration of Part-time andSpecially Invited Lawyers and Supplementary Provisions on theAdministration for Part-Timeand Specially Invited Lawyers, the Lawyers’Law in 2006 and 2012 continued this system. In the process of revising theLawyers’ Law, the controversy over whether law teachers can serve aspart-time lawyersmany years ago has aroused widespread concern anddiscussion in society again. The attribute of law discipline determines thatthe group of law teachers has a unique social role. The essential reasonwhy the society has a wide demand for part-time lawyers is theincreasing dependence on knowledge. However, in the rapid developmentof society, part-time lawyers inevitably have conflicts with their own teaching work, and the biased value judgment will undoubtedly harm theinterests of students. In this regard, this paper starts with the historicalevolution of part-time lawyers, and considers that part-time lawyers willhave a negative effect on judicial justice in the process of lawyers'defense (the aspects of the teacher-student relationship between lawyersand judicial staff, the avoidance system) by analyzing the number of postjudges and education background in the judicial system of YanbianPrefecture in Jilin Province, and the situation of part-time professors andlawyers and the publication of academic achievements in universities andcolleges in Jilin Province. To a certain extent, the quality of education andteaching will also cause adverse effects. In the context of new eraeducation policies such as “focusing on own work”, “double first-class”and “double 10,000 plans”, part-time lawyers cannot and do not havesufficient energy to balance the relationship among teaching, scientificresearch, and lawyer business. Therefore, it is suggested that Article 12 ofthe existing law should be repealed when revising the Lawyers’ Law.

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