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随着公共行政职能的社会化和行政主体的多元化,律师协会与国家机关之间的关系也发生了相应的变化,二者之间已经不是单纯的管理与服务关系,而是一种分工合作、相互监督的伙伴关系。就目前的情况来看,世界各国律师协会与国家机关之间的关系主要有以下四种模式:一是以德国为代表的“行政监督模式”;二是以美国为代表的“司法监管模式”;三是以日本为代表的“行业自治模式”;四是以中国为代表的“两结合”模式。不同的关系模式各有其优点,亦有其不足。
With the socialization of public administration functions and the diversification of administrative bodies, the relations between lawyers associations and state organs have also undergone corresponding changes. The two are no longer purely management and service relations, but rather a division of labor and cooperation , Mutual supervision of the partnership. Judging from the current situation, there are mainly four modes in the relations among the world’s lawyers associations and state organs: the “administrative supervision mode” represented by Germany; the “judicial supervision mode” represented by the United States; ; The third is the “model of industrial autonomy” represented by Japan; and the fourth is the “two-combination” model represented by China. Different relations have their own advantages and disadvantages.