资本主义国家的律师是自由职业者,律师工作机构是个人开业或合伙经营。管理体制上,实行律师自治、行会管理。其主要特征有三点:1.组织机构自选。律师的行业协会由律师自愿组成,行会领导产生于执业律师。2.经费开支自理。无论是常设机构人员的工资,还是各项业务活动的费用均由会员费解决。3.管理行为自主。从资格授予到实施惩戒等一系列的管理工作,均由行业协会负责,基本不受国家行政机关的支配。(大陆法系的国家不同程度的体现了一些对律师工作的司法监督权)。美、英、法、日是资本主义国家的典型代表,他们在律师业实行的行会管理体制也具有典型意义。 Lawyers in capitalist countries are freelancers, and lawyers work in private practice or partnership. Management system, the implementation of lawyer autonomy, guild management. The main features of three points: 1. Organizations choose. The lawyers’ trade associations are voluntarily formed by lawyers and the guild leaders are derived from practicing lawyers. 2 expenditure on their own. Whether it is the wages of permanent staff, or the cost of various business activities are resolved by the membership fee. 3 management behavior autonomy. From the qualification granted to the implementation of disciplinary and a series of management work, are responsible for the industry associations, the basic state administrative organs are not dominated. (The countries of the civil law system show some degree of judicial supervision over the work of lawyers to varying degrees). The United States, Britain, France and Japan are the typical representatives of capitalist countries. The guild management system they practice in the lawyer’s profession is also of typical significance.