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我国律师制度恢复重建之初,律师数量相对不足,难以满足社会需求,国家采取多种主体、多层次、相互交错的法律服务体系,有助于中国法治社会的建设。但随着社会主义市场经济体制的逐步完善,法治建设的推进,在同一法律服务市场中,多种主体的不同诉求、适用不同的规范、承担不同的责任,发生抵牾可想而知。在当前法律服务市场中矛盾较为突出、反映强烈的,当属公民诉讼代理(即非律师诉讼代理)、社会法律服务(咨询)机构等问题。一、法律服务市场的主体分析1.律师事务所和律师。这是主角,是法律服务这个市场或者“战场”的主力军、正规军。律师须通过司法资格考试(律师资格考试),经司法行政机关审核批准并在经批准的律师事务所执业,持有合法有效的《律师执业证》。此类主体产生的法律依据是《律师法》,监督、指导部门是各
At the beginning of the restoration and reconstruction of China’s lawyer system, the number of lawyers is relatively insufficient to meet the needs of the society. The state adopts a variety of legal service systems with multiple subjects, levels and interdisciplinaryities, which contributes to the construction of a society ruled by law in China. However, with the gradual improvement of the socialist market economic system and the promotion of the rule of law, the different legal appeals, the different norms and the different responsibilities in the same legal services market can be imagined. In the current legal services market, the contradictions are more prominent and strongly reflected in the civil litigation (ie, non-lawyer litigation), social legal services (advisory) institutions and other issues. First, the main legal services market analysis 1. Law firms and lawyers. This is the protagonist, is the legal services in this market or “battlefield ” the main force, the regular army. Lawyers must pass the Judicial Qualification Examination (Bar Exam), be reviewed and approved by the judicial administrative authorities and practice at an approved law firm, holding lawful and valid “Bar Certificate of Practice.” The legal basis for such a body is the lawyer’s law, and the supervisory and guidance departments are all different