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Lawyers in Social Dispute Resolution: How They Work and How to Prevent Their Negative Impact
作者:Zhang Dong

  Zhang Dong

  Law School, East China University of Political Science and Law

  Abstract:Lawyers’ participation in political life marks the maturity of a country’s rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes beyond their role in dealing with individual cases. The legal profession functions in a variety of ways: participating in legislation and promoting legal progress; assuming responsibilities in government departments; influencing the formulation and implementation of just policies; acting as a bridge between the government and the public; responding to the claims of different interest groups; etc. At the same time, the legal profession has some negative impacts on the rule of law, as evidenced in the infiltration of commercialism into the profession, giving absolute priority to clients’ interests, and excessive litigation. To keep these downsides under control, we need a legal culture and institutional basis that are a good fit with the rule of law. It is also necessary to update traditional mindsets, adopt rights-based standards, uphold the supremacy of the law, and promote the formation of a legal community.

  Keywords:lawyer, social management, dispute resolution, negative effects, prevention