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律师执业作为一种法律现象起源于古罗马奴隶制时代,发展完善于近代欧美资本主义时期,清末民初传入我国。由于受传统观念的束缚、讼师恶习的影响和民初律师制度自身的不完善以及商事公断处的庇护,使得民初商人拒绝聘请律师成为一种普遍现象,这在一定程度上限制了律师积极作用的应有发挥。
Lawyer practice as a legal phenomenon originated from the ancient Roman slavery era, developed and perfected in the modern era of European and American capitalism, and passed into China at the end of the Qing Dynasty and the beginning of the Republic of China. Due to the shackles of traditional concepts, the influence of lawyers’ misuse and the imperfection of the lawyer system in the early Republic of China and the sheltering of the Commercial Arbitration Office made it a common phenomenon that early Republican businessmen refused to hire a lawyer, which to a certain extent restricted the active role of lawyers Should play.