中國自一九七八年以來一直致力於法制現代化建設，但至今仍未能建立一個具有高度凝聚力和獨立性的法律共同體，國家與法律職業之間的關係依然緊張。職業主義並沒有隨著過去三十年的法律發展而成為改革的核心。在這種背景下，非職業化法律服務制度在中國的發展無疑值得進一步的關注與研究。 / 本文將分析國家在職業化與非職業化機制中所扮演的角色。在全面評估非職業化法律服務發展概況的基礎上，分析的焦點將放在基層法律工作者和非政府組織雇員這兩類重要的非職業化服務團體上。本文也將通過實證研究與比較研究的方法對這兩種類型的非專業人士進行深入的探討。 / 本文通過以上視角得出若干重要的啟示。第一， 非職業化法律制度的發展主要服務於國家控制的目標。第二，非職業化法律服務團體的生存與發展必須建立在滿足特定國家機構利益的前提上。第三，在本文所觀察的樣本中，非政府組織雇員比基層法律工作者更有效率。總體而言，國家在職業化和非職業化機制的形成與運作中都發揮了決定性的作用。 / Since 1978 China has been committed to modernizing its legal system, yet a cohesive and independent community of legal personnel is far from established and the tension between the state and the legal community remains high. Despite three decades of legal development, China has not truly made professionalism central to its reform agenda. Among many others, one noteworthy but understudied aspect is the widespread use of non-lawyers in the legal services system. / This dissertation aims to examine the role of the state in the making of professional and non-professional mechanisms in China. In addition to a holistic evaluation of non-professional legal services, the dissertation includes empirical studies and comparative analyses of the two most important groups of non-lawyers the government-sponsored basic-level legal workers and the non-lawyer staff of non-governmental organizations. / These perspectives reveal a number of important facts. First, the development of non-professional legal institutions mainly serves the purpose of state control. Second, non-professional groups are able to survive only by satisfying the bureaucratic interests of specific state agencies. Third, the staff of non-governmental organizations observed in this study appeared to perform more effectively than basic-level legal workers. Overall, the dissertation argues that the state dictates the formation and operation of both professional and non-professional mechanisms in China. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Pan, Xuanming. / "December 2012." / Thesis (Ph.D.)--Chinese University of Hong Kong, 2013. / Includes bibliographical references. / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract and appendix 1 also in Chinese. / List of thesis entitled --- p.vi / List of Figures and Tables --- p.vii / INTRODUCTION --- p.1 / Structure --- p.3 / Literature Review --- p.5 / Chapter CHAPTER 1 --- LAWYERS, NON-LAWYERS AND THE CHINESE STATE: HISTORICAL BACKGROUND --- p.16 / Chapter 1.1 --- Litigation Masters: the Legal Occupation in Imperial China --- p.16 / Chapter 1.2 --- The Short-Lived Professionalization during the Republican Era --- p.18 / Chapter 1.3 --- The Communist Revolution Discontinuing Professionalization --- p.21 / Chapter 1.4 --- Political Turmoil (1957 - 1977) Destroying the Whole Legal System --- p.26 / Chapter 1.5 --- Restoration of the Legal System and Renaissance of the Legal Profession --- p.33 / Chapter 1.6 --- Conclusion --- p.40 / Chapter CHAPTER 2 --- NON-PROFESSIONAL DISPUTE RESOLUTION: THE CASE OF NON-LAWYERS’ MEDIATION --- p.42 / Chapter 2.1 --- Non-lawyers’ Mediation in Imperial China --- p.42 / Chapter 2.2 --- Non-lawyers’ Mediation as a Way of Communist State Building --- p.48 / Chapter 2.3 --- Judicial Professionalization and the Decline of Mediation --- p.57 / Chapter 2.4 --- A Growing Need of Social Control and the Re-emphasis on Mediation --- p.59 / Chapter 2.5 --- Conclusion --- p.64 / Chapter CHAPTER 3 --- NON-PROFESSIONAL LEGAL REPRESENTATION: THE CASE OF NON-LAWYER REPRESENTATIVES --- p.65 / Chapter 3.1 --- The Role of Non-lawyers in Civil Justice: Comparative Perspectives --- p.65 / Chapter 3.2 --- The Origins of Non-lawyer Representatives in China --- p.67 / Chapter 3.3 --- Authorizing Non-lawyer Representatives in the Civil Procedure Law --- p.70 / Chapter 3.4 --- Uneven Development, Regional Disparities and the Vagueness of Central Laws --- p.76 / Chapter 3.5 --- Regulating Non-lawyer Representatives at the Local Level --- p.85 / Chapter 3.6 --- Conclusion --- p.91 / Chapter CHAPTER 4 --- GOVERNMENTAL NON-LAWYERS: THE CASE OF BASIC-LEVEL LEGAL WORKERS --- p.93 / Chapter 4.1 --- The Origins and Development of the BLW System --- p.93 / Chapter 4.2 --- The BLW System as an Exceptionally Authorized Group of Non-lawyers --- p.98 / Chapter 4.3 --- The Ministerial Policies vs. the Law on Lawyers --- p.103 / Chapter 4.4 --- The Growing Need of Legalization for the BLW System --- p.107 / Chapter 4.5 --- The Failure of Legalization and Continued Local Support for the BLW System --- p.111 / Chapter 4.6 --- Conclusion --- p.115 / Chapter CHAPTER 5 --- NON-GOVERNMENTAL NON-LAWYERS: THE CASE OF NGO NON-LAWYERS --- p.118 / Chapter 5.1 --- The Development of Non-Governmental Organizations in China: an Overview --- p.118 / Chapter 5.2 --- Beyond the Official Perspective: Typology of Chinese NGOs --- p.122 / Chapter 5.3 --- A Case Study of Grassroots Labor NGOs in the Pearl River Delta --- p.125 / Chapter 5.4 --- A Further Examination of the Policy Environment and Survival Strategies of Labor NGOs in the Pearl River Delta --- p.133 / Chapter 5.5 --- Conclusion --- p.141 / Chapter CHAPTER 6 --- REPORT UPON FINDINGS OF THE FIELDWORK CONDUCTED WITH BASIC-LEVEL LEGAL WORKERS --- p.143 / Chapter 6.1 --- Focus of the Fieldwork and Account of the Methodology --- p.143 / Chapter 6.2 --- The Affiliation with the Local Government --- p.152 / Chapter 6.3 --- Human Resources --- p.156 / Chapter 6.4 --- Finances --- p.161 / Chapter 6.5 --- Duties and Work of the Basic-level Legal Workers --- p.165 / Chapter 6.6 --- Conclusion --- p.173 / Chapter CHAPTER 7 --- REPORT UPON FINDINDS OF THE FIELDWORK CONDUCTED WITH NGO NON-LAWYERS --- p.175 / Chapter 7.1 --- The Role of NGO Non-lawyers in the Legal Aid System --- p.175 / Chapter 7.2 --- Focus of the Fieldwork and Account of the Methodology --- p.178 / Chapter 7.3 --- Human Resources --- p.184 / Chapter 7.4 --- Financial Resources --- p.190 / Chapter 7.5 --- Services Available from the NGO Non-lawyers --- p.193 / Chapter 7.6 --- Conclusion --- p.212 / Chapter CONCLUSION --- p.214 / Chapter APPENDIX 1 --- THE INTERVIEW SCHEDULE FOR BASIC-LEVEL LEGAL WORKERS (ORIGINAL VERSION) --- p.219 / Chapter APPENDIX 2 --- A NOTE ON FIELDWORK LOCATIONS AND THE DEFINITION OF A CITY IN CHINA --- p.235 / Chapter APPENDIX 3 --- A NOTE ON LEGAL RULES CITED IN THIS DISSERTATION --- p.239 / BIBLIOGRAPHY --- p.245
| Identifer | oai:union.ndltd.org:cuhk.edu.hk/oai:cuhk-dr:cuhk_328192 |
| Date | January 2013 |
| Contributors | Pan, Xuanming., Chinese University of Hong Kong Graduate School. Division of Law. |
| Source Sets | The Chinese University of Hong Kong |
| Language | English, Chinese, Chinese |
| Detected Language | English |
| Type | Text, bibliography |
| Format | electronic resource, electronic resource, remote, 1 online resource (viii, 266 leaves) : ill. |
| Coverage | China, China, China, China |
| Rights | Use of this resource is governed by the terms and conditions of the Creative Commons “Attribution-NonCommercial-NoDerivatives 4.0 International” License (http://creativecommons.org/licenses/by-nc-nd/4.0/) |
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