法律援助办案补贴问题刍议

法律援助办案补贴问题长期以来被忽略了，至少有以下现象能够证明这一事实。一是办案补贴标准普遍偏低，有的甚至无法满足一个合格的法律服务所需的成本。2006年全国平均每个法律援助案件的补贴为410元，有12个省、区规定法律援助每案最低补贴标准在200元以下。二是办案补贴政策的制定出台普遍晚于案件范同和经济困难标准。多数省区市都是在规定了法律援助案件的范围和经济困难标准后，法律援助的办案补贴还迟迟不能出台。三是办案补贴政策简单僵化，执行不到位。目前采取低标准包干补贴的现象非常普遍，尽管如此，还常常不能及时兑现，对律师办案补贴进行抽头的情况也时有发生。     

Trends in the Incidence of Legal Problems and in the Use of Lawyers

Changes in the law, government regulations, socioeconomic changes, increased consumerism, the public's level of awareness—all these and other factors influence the population's demand over time for lawyers'services. This article analyzes the changes over time in the two elements that determine the demand for lawyers: the number of legal problems encountered by the population and the rate of use of lawyers in solving these problems. After showing that sequential occurrences of legal problems are not independent of each other and are age dependent, the author develops a mathematical model that explains the variability in the present number of problems encountered by different age groups. The number of problems is found to result from a relatively mild accumulation with age of legal problems, coupled with a strong increase in the number of problems from generation to generation. The analysis of individual legal problems reveals a variety of patterns from problem to problem in both the level of occurrence and the rate of use of lawyers for such problems. The author concludes that the combined effect of occurrence and utilization will operate toward a continuing increase in the demand for lawyers'services at least for the very near future.     

重新认识法律职业：律师与社会公益

经过20多年的恢复与重建，我国的律师事业获得了重大发展，各项制度得以确立并逐步走向完善，律师从业人数也初具规模，律师行业的整体素质也有了较大的提高。但是长久以来在中国，作为维护私权、旨在实现其所代理的客户利益的律师，似乎与社会公共利益之间并无关联且相去甚远。然而，这一现象究竟是法律职业的共性还是中国转型期的特性？律师与社会公共利益之间究竟有无联系？从国家与社会公益的视角看，究竟应当怎样看待法律职业？本文拟就这些问题，作初步的探讨。     

Telling the Difference: Nineteenth-Century Legal Narratives of Racial Taxonomy

Telling the Difference focuses on two legal opinions from the nineteenth century that carefully distinguish between those who should be racially marked as nonwhite and those who should not. In the first instance, a Michigan judge decides the appropriate blood fraction of African-American heritage that would prohibit a free man from voting. In the second, a New Mexico judge rules that the Native Americans of Cochiti Pueblo are not legally Indians, and therefore not entitled to federal protection of their land. The oracle uses these examples to advance two central claims: that we must pay close attention to the narrative logic of racial identification in order to understand the powerful contradictions still at the heart of our conversations about race, and that in doing so we should consider that race has always been multiply constructed in the United States.     

法律职业化与职业化的律师性格

中国律师职业化过程中形成的律师性格中的独立性与依附性、自信性与自卑性、稳重性与浮华性、诚实性与唯利性的性格矛盾严重影响了律师的职业形象 ,也不利于中国的法律职业化进程。要从根本上改造律师性格 ,必须通过提高司法准入门槛、完善司法考试制度、建立科学的律师工作质量评估制度和独立自治的律师协会制度来保证。     

法律援助办案补贴理论和实践问题研究

在《法律援助条例》实施以前,全国各地对法律援助人员是否领取办案补贴有不同的看法和做法。2003年《法律援助条例》的出台统一了认识,法律援助机构向承办法律援助案件的律师及社会组织人员支付办案补贴,这正是政府履行法律援助职责的具体表现之一,是政府应尽的义务。2005年广东省司法厅、广东省财政厅根据《法律援助条例》第24条规定联合下发了《广东省支付办理法律援助事项补贴暂行办法》（以下简称“《广东办案补贴办法》”）。《广东办案补贴办法》为法律援助机构承担政府责任提供了具体依据,更为政府增加法律援助办案经费提供了依据。     

律师流动的法律问题与对策

2004年11月20日,由中国政法大学律师学研究中心、中国律师杂志社联合主办的律师流动法律问题与对策研讨会在京举行。会议围绕律师流动的相关问题进行了十分有意义的研讨。现就有关研讨内容综述如下:第一主题:律师流动:律师事务所的管理与司法行政机关的职责司法部律师公证司副司长周院生认为,应该说我们现在律师队伍的发展是很快的,全国将近11万职业律师,律师事务所从业人员14.6万。这样一个规模,应该说是比较可观的一个规模。他认为在律师的异地融合当中要处理好两个方面的关系:一个是要处理律师的自由流动和市场监管的关系。一方面就是要…     

Social Roles and Legal Rights: Three Women in Early Nineteenth-Century India

In the early decades of the nineteenth century the small European societies in Madras (now Chennai) and Bombay (now Mumbai) were divided by disputes of such intensity that the authorities in London feared for the future of British power in India. The divisions were legal and social. In law, the Governors and the Supreme Courts of both cities contested the scope of their respective roles with the arguments focusing on the rights of Indians. Again and again, government took alarm at the ‘pro-Indian’ views of reforming judges. The debates were reflected in European social divisions, thereby making them all the more intransigent; legal allegiance became linked to social allegiance. It was this mixture of the legal and the social which gave the wives and other female relatives of the judges a role in the process of reform. Normally confined to multiple pregnancies and restrained social functions, the divisions in European life gave these women an opportunity to influence legal change. Without making official public statements they took part in the development of ideas about Indian rights.     

论律师在执业中的保密特权

律师是依据当事人的委托授权,在法律规定的范围内,维护当事人合法权益的法律工作者。律师对当事人权益的有效保护很大程度取决于当事人和律师之间建立的信任关系,而这种信任关系的重要基础之一就是律师对其知晓的当事人秘密予以保密。如何将律师对当事人的保密责任法律化,使得律师和当事人之间的信任关系得到巩固,对于律师业的发展具有重要意义。     

Preparing to Be Colonized: Land Tenure and Legal Strategy in Nineteenth-Century Hawaii

In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Māhele of 1845–1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawaiians do this to themselves? I argue that the Māhele was a sophisticated and partially successful response to the prospect that Hawaii would soon be colonized. The object of the Māhele was to ensure that in the event of annexation, Kamehameha III and other elite Hawaiians would not be dispossessed of their landholdings. The strategy was to convert those landholdings into a legal form that would be recognized by an incoming colonial government—whether American, British, or French—as private property.     

关于我国律师执业豁免权的思考

一、我国律师执业豁免权的内涵(一)有关国家、地区、国际公约、文件关于律师执业豁免权内涵的规定:对于律师执业豁免权,各国的规定并不完全一致。考察有关国家关于律师执业豁免权的具体规定,从中找出其共同的带有规律性的内容,有助于对我国律师执业豁免权的科学规制。卢森堡刑法典第452条第1款规定:“在法庭上的发言或向法庭提交的诉讼文件当事人有关,就不能对它提起任何刑事诉讼。①”但有关法律又规定:“任何人如果恶意地否定宪法或法律的强制效力,或者直接唆使他人违反宪法和法律,均应受到处罚。”法国1881年《刑事诉讼法》第41条规定:“…     

Lawyers Seeking Clients, Clients Seeking Lawyers: Sources of Contingency Fee Cases And Their Implications for Case Handling

Where do the clients of contingency fee lawyers come from, and what are the implications of client sources for contingency fee practice? Those are the questions this paper considers, drawing upon multiple sources of data. The analysis shows that relatively few clients come to lawyers’ offices in response to advertising. Rather, it is the more traditional route of reputationally based referrals that bring in the vast majority of contingency fee clients. The importance of maintaining a reputation that will draw in future clients tends to curb the potential for abuses created by the inherent conflict of interest between lawyer and client that the contingency fee creates.     

The Legal Community: Judges, Lawyers, Officials and Clerks in the Writing of Europe

This article argues that EU legal studies whould pay more attention to the legal discourse that sustains the conceptions of law and legal politics underlying European law. Drawing loosely on Bourdieu's concept of 'legal fields', it offers a social and intellectual reconstruction of European legal thinking by way of empirical analysis of European legal writing. The article argues that the autonomy, technicality and specificity of European law should be seen at least in part as consequences of the social and professional structure of the community of EU laywers.     

Changing Patterns of Legal Representation in Divorce: From Lawyers to Pro Se

Governmental assistance for legal representation in civil cases is far greater in the United Kingdom than in the United States of America. This article explores the extent of legal support for low–income Americans, particularly in the area of family law. Examination of the data on self–representation across the United States and over time shows decreased reliance on lawyers. Drawing on institutional and individual perspectives, the article then explores why individuals choose to represent themselves in divorce. What do lawyers add to a divorce besides cost? The article suggests patterns of lawyering depending upon the lawyer and the resources of the client. While some pro se individuals may thrive in the divorce process without the need of a lawyer, others are disadvantaged by the lack of services available to them. The matching process between case needs and legal representation does not work.