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中国古代法律服务有自己独特的发展路径,每一阶段都有自己不同的表现形式和特点。它由多种形态组成,其中包括代理、代书、法律顾问等基本形态。讼师是中国古代法律服务发展到一定阶段之后各种服务形态的集中反映,是中国古代法律服务的最高阶段,也是各种服务形态的统称。初始的法律服务形态更多的体现为一种特权,是自上而下逐渐发展起来的,但每一种都是社会发展和公众需求共同作用的结果。中国古代法律服务主体没有独立性,职业伦理只能由行业自身根据社会实际进行调节,它无法也不能承担起更多的社会责任,官方也不能进行强制性的干预。
China’s ancient legal services have their own unique path of development, each stage has its own different forms of expression and characteristics. It consists of a variety of forms, including agents, on behalf of books, legal advisers and other basic forms. Lawsuit is a concentrated reflection of various service forms after the development of legal services in ancient China to a certain stage. It is the highest stage of legal service in ancient China and is also the general term for various service forms. The initial forms of legal services are more embodied as a kind of privilege, which are gradually developed from top to bottom, but each is the result of the joint action of social development and public demand. There is no independent legal service in ancient China. Professional ethics can only be regulated by the industry itself according to social reality. It can not and can not assume more social responsibilities and officials can not make mandatory interventions.