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中国近代律师制度是清末改制效仿西方法制的产物。该制度的引进既是源于当时中国经济、政治及社会发展的内在诉求,也受到一系列外在因素的刺激,并且有着力倡律师的观念和思想氛围作为精神支撑。清末律师制度滥觞于《大清民事刑事诉讼律草案》,但因过于激进,该草案遭致流产,致使其后的《各级审判厅试办章程》不得不后退一步。之后律师的法律地位在《法院编制法》中得到正式承认。1911年《大清刑事诉讼律草案》和《大清民事诉讼律草案》正式确立了律师制度。中国近代律师制度的发展史对今天仍具有启示意义。
The lawyer system in modern China is a product of the reform in the late Qing imitating the western legal system. The introduction of this system stems not only from the inherent demands of China’s economic, political and social development at the time, but also stimulated by a series of external factors, and has as its spiritual support the idea and ideological atmosphere of advocating lawyers. At the very beginning of Qing dynasty, the lawyer system originated from the “Draft Civil Proceedings of the Great Civilization”, but because of the radical nature, the draft was aborted, resulting in the subsequent “Trial Office Statutes of the Courts at all levels” having to step backward. The lawyer’s legal status was formally recognized in the Law of Courts. In 1911, the “Qing Draft Criminal Procedure Law” and “Clear Civil Procedure Law” formally established a lawyer system. The development history of modern Chinese lawyer system still has enlightenment to today.