Review of Lawyers'' Disciplinary System－Based on Lawyer''s Self-discipline Mechanism
Date Issued
2008
Date
2008
Author(s)
Lin, Yu-Pin
Abstract
There are six chapters in this thesis. The main structure of the thesis is as follows:hapter 1 is an introduction, which gives the objectives, methodology and scope of the study and points out the problems.hapter 2 discusses mainly the role of Taiwan’s lawyers. Besides exploring the origin and development of the profession, it explores the difference of two almost like terms –lawyers and liberal professions. Thereafter, it compares the lawyer system of this country with those of foreign nations. At the same time, the thesis reviews the rights and duties of this country’s lawyers in order to define the role they play.hapter 3 analyzes the responsibilities this country has imposed on lawyers and draws a conclusion that the current disciplinary system is aimed at strictly maintaining the order of law practitioners. And, therefore, the thesis advocates that the power to discipline lawyers that breach the rules of an organic body should be placed in the hands of the bar association. In addition, this thesis compares the disciplinary system of this country with those of Japan, Germany and America. This is intended to draw a lesson for the improvement of this country’s disciplinary system for lawyers. hapter 4 carries on the arguments of Chapters 2 and 3 and explains the reason and legal basis for changing the disciplinary system for lawyers into a self-disciplinary system. In the mean time, it points out the differences between self-discipline, administrative penalty, and judicial penalty. hapter 5 deals with the problems of the current disciplinary system, which is exercised by the government. It also studies whether this system contradicts with the spirit of lawyer self-discipline. If the disciplinary power is passed to the bar association, will this go against the intention of the Judicial Yuan Interpretation No. 378? The Judicial Yuan Interpretation maintains that the disciplinary power shall be shifted gradually to the hands of an organization. As the direction of the change may cause suspicions among the public, this thesis offers legal proposals and solutions for the issue.hapter 6, also the last one, draws a conclusion from the discussions made in the foregoing chapters.
Subjects
lawyers
liberal professions
tighten the organization order
bar association
self-discipline and self-governance
Judicial Yuan Interpretation No. 378
Type
thesis
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