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一、中国律师协会惩戒权(一)1949年以前(民国时期)中国近代律师制度大致萌芽于清末民初时期,1912年9月16日《律师暂行章程》(以下简称《暂行章程》)的公布施行标志着中国近代律师制度的正式确立。在《暂行章程》公布施行之前,1912年1月28日中国历史上第一个律师总会——民国律师总会已经在上海成立。民国律师总会由民间发起,其设立宗旨是:“为巩固法律、尊重人权,经沪军都督核准,咨请司法总长备案,凡本会律师得有在国内各级审判厅及公共会审公堂莅厅辩护职权。”从总会的宗旨可以看出,在律师制度尚未正式确立的情况下,律师深感其执业缺乏法律的保障,只得联合结社,以民间组织的力量来支撑脆弱的辩护权。维护律师的权利是其头等大事,在此头等大事面前,关于律师的惩戒自然很难成为其议事话题了。
I. The Right to Quarantine of China Lawyers Association (I) Before 1949 (The Republic of China Period) The lawyer system in modern China started to sprout in the period of late Qing Dynasty and early Republic of China, and the announcement of the Provisional Statute of the Lawyers (hereinafter referred to as the “Provisional Constitution”) on September 16, 1912 The execution marks the formal establishment of the lawyer system in modern China. Before the promulgation of the Interim Provisions, the first general counsel in Chinese history, the General Counsel of the Republic of China, was established on January 28, 1912 in Shanghai. The council of the Republic of China, initiated by the private sector, aims at: “In order to consolidate the law and respect human rights, it has been approved by the governor-general of Shanghai Municipality and consulted the chief justice for the record. Where the lawyers in this council have to hold courtrooms at all levels in the country and public courtrooms ”From the principle of the General Assembly, we can see that in the absence of a formal legal system, lawyers are deeply impressed by their lack of legal protection in their practice and their association with only one organization, and the power of non-governmental organizations to support the fragile right of defense . Maintaining the rights of lawyers is a top priority and in the face of this top priority, disciplinary action against lawyers can hardly be a subject of its own accord.