状师与律师（The lawyer and the lawyer）

状师与律师（The lawyer and the lawyer） 状师与律师(The lawyer and the lawyer) The cultural origin of Chinese Songshi lawyer culture Li Liansheng's seventh China Lawyer forum Abstract: China's lawyer culture has a long history, and it is an important part of Chinese culture. To study the Chinese lawyer culture, also to the study of the history of law culture, the origin of the legal culture, abandon the dross, essence to form the new characteristics of the times with the China lawyer culture, guide the healthy development of China lawyer culture. This article from the origin of Chinese law culture, the history of the development of Chinese ancient Songshi, introduces some knowledge of ancient Chinese culture from the history of the development of China on ancient Songshi culture. In order to learn the progress of culture from Chinese culture to abandon its feudal structure, cultural awareness, reference for China lawyer culture construction, to promote the construction of the lawyer culture Chinese. In May 2006, the National Lawyers Association held a special meeting to discuss the outline of Chinese lawyer culture construction. In 2006, the lawyer forum in Shandong also discussed the construction of lawyer culture as an important topic of the forum. The importance and necessity of lawyer culture, the connotation of lawyer culture and how to construct lawyer culture are discussed. But the shortage is not from the lawyer culture development history, especially the study of ancient culture Chinese songshi. If you don't know the history and go there, don't know the direction, you will not understand how the present situation comes. The emergence and development of [1], Chinese Songshi (a) China lawyer - China pettifoggers ancient origin 1, the lawyer writes the complaint, refers to the special lawsuit, also known as "Mr. pettifoggery". China ancient law dictionary page thirty-second note: because the brush and paper has not yet been invented before the Qin and Han Dynasties, various cultural and folk and folk authorities are inscribed on bamboo slips with a knife ghost. In the office specializes in writing such titles as "small, petty official, people will this to write complaint called" Mr. pettifoggery". 2, on is not the modern sense of the law in accordance with the modern legal system, lawyers should include three meanings: 1), have specialized knowledge of the law. 2) obtaining official recognition qualifications. 3) engaged in legal affairs. It is obvious that the traditional prosecution is not a lawyer in the modern sense. "At best is an occupation lawyer and lawyer specious". The ancient society plays the role of the lawyer must Songshi and play the functions of "quasi law, is another form of China lawyer". 3, Songshi is due to the social demand of "litigation" is to take a reasonable argument, "the category is defined to dispute early in the Zhou Dynasty or earlier explanation". "For money on litigation, for the crime, prison is mainly involved in the litigation of civil lawsuit, not criminal, because there are special legal knowledge on litigation skills, the people in the court, had to seek help from them, but in supplementing, and litigation of rites in the environment at that time, the contempt is an immoral and illegal occupation of a family, not only the law shall be strictly prohibited, but also in the official under the guidance of public opinion, was spurned by the people. (two) the litigation culture The lawyer culture refers to the feudal legal system in the autocratic power as the core, the sum of LM group use legal knowledge created in the practice of reforming the society's material and spiritual products. Including a) Songshi material culture. B) on behavior culture. C) litigation system culture. D) on spiritual culture. (three) the causes of the phenomenon of litigation This occupation is next to a certain stage of economic development, economic interests conflict will appear. Marx thought that productivity determines production relations, and economic base determines superstructure. (a) the primitive society has low productivity, basically no conflict of rights and interests, and the solution to the conflict is more obedience to the prestige of the elders rather than just decisions, In the middle of the Western Zhou Dynasty, both the ownership of land and the right of distribution of interests were all owned by the king. Exclusivity does not produce real conflict of rights". To improve the productivity of the spring and Autumn period, to promote the social division of labor, which laid the foundation for the new relations of production and the economic life style, changes in the spring and Autumn period is the foundation of social economy or may appear on. B) "officials collapse bad music" which formed in the political Songshi known as possible. Lawyer culture and active in the spring and Autumn period, with the vigorous development of two Song period, climax and transformation in the late Qing dynasty. The three period is the traditional sense of China Minfeng climax period, are the result of factors of political democracy progress. The spring and Autumn period, the statute (statute announced not to the public in the early Western Zhou Dynasty "the Lu punishment" etc.), the statute announced as a most direct cause of the formation of the litigation. C) west week laid by the talent selection system is the formation of Songshi reasons, the imperial examination system, although in the "Ancient Chinese Literature Search" and "Xiang" in the selection of personnel, but mainly used "Ancient Chinese Literature Search in the aristocracy," this must have created a large number of skills, knowledge, a low base, talent. Some people do not use the politics of hopelessness or tired, and in order to make a living, was transferred to the lawyer occupation. In a background of economic, political, and talent people, with science skills, have a public law as the object of labor, so the occupation must also have the seeds of Songshi, the climax and the variation in repeated in. (four) the development stages and characteristics of the litigation According to the existing historical data as if the ancient Chinese Songshi "lawyer", so China ancient Songshi appeared in spring and autumn. If you don't, then as Songshi "lawyer" China lawyer system first appeared in the 1910 "the Qing Dynasty Xuantong two years of civil law". After the demise of the Qing Dynasty in 1912, the provisional government of Nanjing promulgated the Provisional Regulations on lawyers. The characteristics of a, the Western Zhou Dynasty: the litigation activity is not common, only to write documents. B, the spring and Autumn period and the ban Xing Songshi, Deng Zheng, founder of Songshi, Confucius and roughly the same age, known as the "false person", "debate and not harm for pseudo knowledge for fraud, misconduct". C, Qin Tongyiliuguo, to exercise a high degree of centralization of state power, the start of a new round of a devastating blow to the litigation, Qin and Han Dynasties basically no litigation activity. D, the Tang Dynasty "by law", the litigation activity active. During the development of E and the normal court of the Song Dynasty, there began to be the school of Litigation -- the school that taught the people to practise the lawsuit, and then there was a limit to the legalization. He has office "write books like the shop" is considered legitimate. F, the decomposition of Songshi occupation first appeared "songshi". G, Ming and Qing Dynasties, there will be a lawyer asked litigation. H, in the late Qing Dynasty and the Republic of China, the transition to the lawyer lawyer. The foreign powers signed the unequal treaties with the Qing government to obtain consular jurisdiction, and directly introduced the lawyer system in China into China, which promoted the transformation and development of Chinese lawyers. Throughout ancient and feudal period, scrivener activities has always existed, the reason is that people do not understand the words of general labor, but the government to ban the litigation activity and not to strictly limit the blow. Then gradually transition to the litigation. (five) China Songshi (lawyer) and foreign lawyers in different The lawyer as a product of bourgeois democracy and legal system, become the representative of "freedom, democracy and humanity" open, fair and democratic, Chinese Songshi is a product of the feudal society, experienced not restricted only to the legal process to write documents. Lawyers appear in court. A lawyer and lawyer duties similar they are different, is China and Western power center, China focus on the power of the monarch and prohibited the monarchical impact, while western countries pay attention to civil rights protection of personal freedom, so done, lawyers and the defense system is developed. In summary, the establishment of the lawyer system China is a result of the western lawyer system forcibly transplanted, is China traditional feudal society evolution and change the occupation structure. (six) on business The scrivener. A) write a suicide note. B) write contracts. C). (d) application documents for business administration and administration. E) other aspects of marriage, tax documents. (f) reply to pleadings. Consultation and planning litigation. Third, bribery and bribery. In the twelfth volume of Qingming collection, Cai Wenxuan made "instigation and officials as the city", "entering and leaving the government and the officials as the city"". The fabricated control refers to the entry Songshi officials, bribery of service officials behavior in a flagrant way. Is more serious than that of bribery, is to bully good lawyer, engage in pettifoggery, constraints and wantonly invaded government actions designed to scrape paste, extortion, for lawsuit, control for scholars, officials who act toward the imperial clan's son, especially in Song dynasty. Teaching practice. The mediation and publicity. Two, her name [2] Time to call the source occupation champerty reflect the characteristics of the times and false people "LvShiChunQiu". From that, the late penalty cruel slavery 1. 2, the weak thought of the people first. 3, is for the maintenance of the full-time fraud false. 4, occupation activities with political people who do fatwas of Sui and Tang Dynasties, Die words like "tanglvshuyi" volume twenty-three, 1 feudal legal system of standardization for people. 2, the profession for legitimate legal status. Song: Bully pen, Songshi officer ghost, wow Quebec Songshi, control person, wow Germany, Rong cannibalism, abetting people. The book of Ming Dynasty sentenced to pure brightness and so on, 1, commodity economy developed. 2, social assistance lawsuits are rich in occupations. 3, the scope of work or occupation, people's desire for gain developed. The yuan wow, young rascal, scrivener, a Book shaped, well versed in things right ho. The book of Yuan Dynasty, volume fifty-three, "penalty knife" volume fifteen, 1, perfect litigation system. 2, social civil legal disputes increased. 3, the political confusion. The history of Ming and Qing Dynasties pettifoggery, pettifoggers pettifoggery, Mr. Songshi, lawyer, adviser "pettifoggery Jing Hua" "clear barnyard class notes" "learning rule" handling chamber "1" assumption, the Ming and Qing Dynasties text fierce struggle. 2, the traditional Confucian thought of this occupation aversion. 3, folk needs for the good side of the profession. Three, Songshi and origin of [3] 1, able to read people, Mr. pettifoggery is 2, use of poor scholars (1) after the implementation of the imperial examination system, transit is not smooth, repeatedly failed scholars become huge reserve of Songshi (2) politically frustrated. Deng is a typical representative of. After he failed in the political struggle with his son, he was embarrassed by his son. (3) officials, dry, police clan children relatives, do some bribery, control, concoction (4), which is dependent on its heromark home rich, right, and aggressive, knot officials, rampant, control of litigation, litigation, litigation is abetting fighting team but reap profits from the bad the. Four, Songshi the spiritual world of "no litigation" [4] 1, "no litigation" is the realm of Confucian thought. (1) the social root of "no litigation" is the result of China's natural agricultural economy and social advocacy as well as the realization of political needs. (2) the ideological roots "ritual use, harmony", Chinese traditional culture as the foundation, advocating harmony. (3) political root: one of the fundamental goals of the eternal pursuit of order and stability under feudal autocratic rule. (4) the root cause of the lawsuit is that the people are tired of it. The pursuit of non litigation is the system from the pursuit of "non litigation" is the inevitable attendant the occupation criticism in the mainstream Chinese ancient opinion and contempt in the eyes of ordinary people, they are immoral performance is a threat to social stability, so it was included in the list of criminal litigation. The consequence of "no litigation" is that the people don't know the law, despise the law, ignore the law and the law. The law develops slowly in China, the legal authority drops, and the litigation rights and legal consciousness are weak. Five, on philosophy of life 1, her outlook on life, the essence of Confucianism by mainstream China "Five Virtues" "heaven" concept of destiny influence. 2, Deng Da remembered on his own philosophy of life, pessimistic idealism, underappreciated. 3, Yangxin Songshi is a concept of destiny view internalization and fire. May, do not like to, not to have been sad, Don't worry about a moment of success and failure, gain and loss. "The silt but don't dye" time spent much joy and joy. 4, "Song Guizhou lawyer advised a song like, self esteem, away from the object and the ground for ritual, music, poetry, books, learning culture, the three day oneself, for Long Ping an. This corresponds to most from frustrated scholars, students, and other native scholars, advocates "love, filial piety, pity the poor old Zhongliang" and help the lawsuit. Six, the concept of litigation litigation [5] 1, the pursuit of emotion, reason, law. The supreme ruler ", is used to follow the Providence" judicial principle, and law, as a comprehensive judgment is not standard, the justice and law of human organic unity, as the specific guiding ideology. In the feudal yamen hung "justice and law of human" plaque, constitute the traditional judicial system. The three are in harmony, and the pursuit of harmony is the ultimate value of justice. This is a common source of lawyer culture and legal culture, but also fundamentally understand and determine its role in the traditional culture, the image and status of the basis. From Dong Zhongshu to Cheng Zhu science communication not only inherited and discipline, but also from the nature of associate justice law, three. With unity as the center, coordinate the three, to ensure social order and stability. Justice embodied in the law, thus giving laws to fundamental irresistible. Law enforcement to the wishes of the public, and the law adds ethical color, also won the theocracy, clan and God the support of public opinion. 2, the professional ethics of the lawsuit "three regardless of" the "love is not empty, the reason is not lost, the law is not committed" to help litigation belief. Pettifoggery is three, but no matter, no matter unreasonable. Manager. The lawsuit also greatly and physical strength, the lawsuit also never heard of it before, no matter three years Pro life, the key is to protect his lawsuit. Seven, on the psychological On the one hand by the government against the litigation and litigation ban, a people without their help, which may be politically frustrated, but because of the place in the folk and confident. And the rich and powerful who help action, because in the society always belongs to the three flow and lift head. That is, loyalty to the cause of self help, firmly believe that their behavior is valuable to society, but also under the pressure of the whole society to doubt their own ideas, into a contradictory state of mind. (1) self-esteem, inferiority complex. Because some people born scholars, however, is to learn the law of life down on the luck. They are self possessed, knowledgeable and self respecting, and they feel low and humble when they know their status is low. But you can't stand being looked down upon yourself. Its over sensitive reaction shows its inner fragility, which has experienced more ups and downs. It has the talent and wisdom that ordinary people do not have, and constantly reflects the value in the process of helping the lawsuit. At the same time to maintain their own occupation image and dignity in the struggle will show a frank, righteous momentum. (2) Shicai action and self protection. In order to achieve the purpose of winning, so as to obtain money benefits, trained with a special mode of thinking and skills. In case of losing not involved myself, to avoid disaster oneself. (3) distortion and humor. They will often use a discontent, anger bored the eyes to look at life, look at the world, self of legal knowledge, they are afraid of them, from the people and in respect to reflect their own value, to hold a harsh, picky about attitude. They have to suffer public sympathy and love heart, is a mockery of the crown is not benevolent, with greed for money, but also on the uneven call sign, both in through illegal ways for survival, and want to win the respect of their legal rights. In this distorted psychological domination, often playing Songshi paradox role, their good and bad, and the risk of mean, subject to changing moods, innocent, and deep solid sodium, relieve the people's distress. This subtle good psychological and behavioral rules, not only make people at a distance, even the officials also fear the three points remain perplexed despite much thought. The rich men, in litigation. Cheat the weak and finance the innocent. Some trifles, Foolish people. Defy power and play tricks on government officials. Eight, the impact on legislation and the impact of law enforcement 1, to promote legislative perfection. The use of legal loopholes to avoid legal litigation is the usual way. From the perspective of jurisprudence and law for query defects, is an important aspect of the development of law. Songshi help avoid legal litigation behavior while brings negative effects, in particular time damages the legal authority, but in the long run and the point of view of development, the objective to promote the improvement and progress of feudal legislation. 2, improve the judicial technology. The emergence of the "hearing" and "eight" notice ", specifically for the judges are often used in the litigation in words. In short, effect of Songshi in ancient law order in hand, to adapt to the social need to safeguard the rights and interests of the people in existence, to some extent, promote the development of Chinese ancient feudal democracy, but also a contribution to the ancient legal system construction. On the other hand, because that not only can not get the official occupation and social traditional values, instead of double responsibility and pressure, not to mention the occupation morality and discipline, which will inevitably make it into people, words more frame to bully the good and bad behavior in. In short, the progress of the ancient Songshi seems to be slightly greater than the lag.