Subjects: Law >> Other disciplines of law submitted time 2025-06-05
Abstract： 1979年律师制度恢复以来，《律师法》历经四次修订，现在进入第五次修订引发国人尤其是律师行业的广泛关注。本文重点分析律师管理机制和律师治理体系中存在的重要问题，包括律师的属性、内部专业化和外部资本化竞争、中国不能成为诉讼大国、全球化竞争等问题。经过实证和比较研究认为，一是律师行业已经从高速发展阶段进入高质量发展阶段，应建立健全法律服务大市场的准入和监管制度；二是中国特色社会主义律师制度需要兼顾律师职业的人民性、职业性和商业性，应完善律师调解制度和探索建立律师事务所商事登记制度和律师分级出庭制度；三是应修订律师事务所命名规则，打造国际一流律师事务所，提升我国律师涉外法律服务能力和全球法律服务市场竞争力。这些研究和发现有利于进一步优化中国特色社会主义律师制度，促进律师行业高质量可持续发展，为《律师法》的修订提供一些有益的思考。
Peer Review Status:
Awaiting Review
Subjects: Law >> Other disciplines of law submitted time 2025-04-07
Abstract：
Enterprise data governance is the key link to release the value of data, but it is accompanied by frequent risks such as data security, data compliance and data monopoly, which highlights the deep reasons such as the need to update the legal norms, the more formality of the rule framework and the unfair competition in the data market. In essence, data security is the basis of data compliance, and data compliance is the defense line of data monopoly. Then, how to find a balance between promoting data circulation and preventing data risks is particularly important. Therefore, in enterprise data governance, it is necessary to achieve systematic coordination from the three levels of ’ formulation-implementation-guarantee ’, and the adaptation ideas at different levels have different emphases. At the formulation level, through the connection between legal norms and data standards, the basic standards and requirements of data governance are established. At the implementation level, the legal norms are refined into operational rules and processes that can be implemented to ensure that governance requirements are specifically implemented. At the security level, relying on multiple co-governance such as government supervision, industry self-discipline and social supervision, it provides continuous optimization and support for the effective implementation of the rules. Above, we hope to provide a systematic and dynamic legal response for enterprises in the era of digital intelligence and market competition.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal AI Subjects: Management Science >> Sustainable Development Management submitted time 2024-12-24
Abstract： This study focuses on the fundamental transformation of human-machine relationships in the AI era, proposing a multidimensional intelligence symbiosis theoretical framework that transcends traditional binary thinking. Based on cutting-edge theories such as quantum consciousness theory and integrated information theory, the study systematically analyzes the complementary characteristics between human intelligence and AI in cognitive patterns, decision-making mechanisms, and innovative capabilities. The research finds that: (1) The relationship between human intelligence and AI has transcended simple instrumental relationships, exhibiting unique symbiotic characteristics; (2) The two forms of intelligence demonstrate significant complementary value in pattern recognition, decision-making mechanisms, and innovative thinking; (3) Achieving multidimensional intelligence symbiosis requires systematic reconstruction across multiple dimensions, including educational systems, workplaces, social governance, and legal frameworks. The study proposes practical pathways based on multidimensional intelligence symbiosis theory, providing theoretical guidance and practical references for constructing a new harmonious human-AI relationship.
Peer Review Status:Awaiting Review
Subjects: Law >> Data Law Subjects: Computer Science >> Computer Application Technology submitted time 2024-11-26
Abstract： Early neutral evaluation is a crucial mechanism for implementing the concept of "dispute source governance" and achieving efficient dispute resolution. However, it currently faces challenges such as a shortage of professional talent and limited popularity. The development of large model technology offers new possibilities for overcoming these difficulties, but its insufficient legal logical reasoning ability still restricts its application in legal consultation tasks such as early neutral evaluation. This study, first, optimizes the LightRAG technology, which enhances knowledge graph retrieval, to improve its visual legal reasoning capabilities and multi-turn dialogue memory functions, making it more suitable for multi-turn legal consultation scenarios. It introduces the fine-tuned ChatGLM3-6B model as the Q&A engine and combines the multimodal large model Lama-3.2-vision and SenseVoice-small for image and audio processing, respectively. Second, based on the "Civil Code" and its applicable interpretations, as well as international arbitration cloud chain online legal document datasets, a legal knowledge graph is constructed. Through data cleaning and prompt engineering optimization, the intelligent agent is integrated and developed, achieving full-process intelligent support from multi-turn legal consultation to evidence submission and early neutral evaluation document generation. Experimental results show that compared with models such as Tongyi Qianwen-Max, Tongyi Qianwen-Turbo, ChatGLM3-6B, and Tongyi Farui-Plus-32k, the intelligent agent constructed in this study demonstrates significant advantages in response speed and Q&A quality. Additionally, by adopting a model reasoning and data separation paradigm, user data is stored only locally, the reasoning process is encrypted and transmitted, and the server does not store data, thereby significantly enhancing personal information security. This can provide strong technical support for the intelligent application of early neutral evaluation.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-22
Abstract：
In the context of rapid social development and increasing demand for legal services, legal consulting companies have expanded rapidly, which has aroused dissatisfaction among the legal profession. The reason for this is that legal service companies have occupied the legal service market, destroying the monopoly status of the legal profession and creating a fragmented situation. This paper analyzes the theory of legal professional monopoly and the current situation in China as the background, further explores the significance and means of legal professional monopoly existence, and puts forward practical and feasible suggestions for the regulation of legal consulting companies, aiming to regulate the legal service market and promote the healthy development of the legal profession.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-22
Abstract： From the history of China’s history and non-lawyers for the legal services market game history can be seen, the legal services market presents lawyers and non-lawyers career mutual game status quo, and a large number of legal consulting company invasion led to China’s legal services market internal and external problems. In order to solve this dilemma, reference to overseas countries will lawyer professional group and non-lawyer group, in order to form a highly differentiated practice let group will legal services market distribution, not only to meet the demand for special areas of legal services, but also for lawyers to set up a firewall for the profession, and to promote the standardized operation of the legal services market. Our country should learn from foreign legal service market construction, set up limited legal professional qualification, strengthen to non-lawyer group practice norms, clear lawyers and non-lawyers litigation right scope, promote the division of labor between the two cooperation rather than competition, and allow the judicial organs of legal consulting company management, so as to promote the standardization of the legal service market development and orderly operation.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-22
Abstract： In the digital economy, law firms are undergoing a profound transformation in their management models. This paper explores several key dimensions of this transformation, including the application of legal technology, digital client management, cross-industry synergy and international collaboration, and social responsibility and sustainability. With the introduction of emerging technologies such as artificial intelligence, big data, and blockchain, law firms will be able to dramatically improve efficiency, optimize client service, and provide more precise legal support. At the same time, the management model of law firms will focus more on flexibility and openness, expanding their business scope and enhancing global competitiveness through cross-industry synergy and international cooperation. In addition, social responsibility and sustainable development will become the core elements of law firm management, and law firms will fulfill their public interest obligations while actively promoting the realization of sustainable development goals. This paper looks at how law firms in the digital economy can maintain their competitive edge in an increasingly complex legal environment and create greater value for society through innovation and optimization of management models.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-22
Abstract： With the development and transformation of modern society, informationization construction has gradually achieved deep integration with various fields of social production. In the field of notarization, the application of information technology and the effective use of information resources have played an effective role in the internal management of notaries and in assisting notaries to provide notarization services, achieving improved efficiency, quality, and expansion of notarization services. Against this backdrop, the construction of notary teams faces the important issue of optimization and upgrading to adapt to the current trend. Among them, re-examining and re-understanding the duty of diligence and due care of notaries, and reconstructing it according to practical needs, holds significant value in building a high-quality team of notary talents under the background of informationization construction. Under the new requirements of subjective and objective aspects, the criteria for determining the duty of diligence and due care of notaries should be clarified, and the specific requirements and boundaries should be appropriately expanded; at the same time, supporting mechanisms, including the management system and the comprehensive ability support system, should also be further improved.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics Subjects: Law >> judicial system submitted time 2024-11-22
Abstract： Court Sub-volume System is our court in practice the formation of customary system, there is no clear legal basis, sub-volume content more than the main volume, containing the authorities that need to be kept confidential materials and comply with the principle of confidentiality of the sub-volume is not available to the public. Among them, the approval of the judgment, the panel transcripts, the trial committee discussion transcripts are the unique content of the sub-volume. However, behind the creation of these contents there is an unreasonable approval and request, “joint but not deliberative” collegiality and “trial, judgment separation” of the trial committee involved in the problem, can not maintain the legitimacy of the content. With the advancement of judicial reform, many scholars have advocated the abolition of the system itself, as well as the disclosure of the sub-volumes to be monitored by society. However, the lack of practicality, the system has existed for a long time is difficult to be abolished at the present time, the majority of judges opposed to the public and the public damage to the credibility of the judiciary. At present, the correct logic of reform should be to retain the system on the premise of promoting the right of lawyers to read files to cover the materials in the sub-volume, at the same time, standardize lawyers’ duty of confidentiality, and give them the right to object and set up a review system of the court’s sub-volume, to establish a set of lawyers to supervise the functioning of the court’s sub-volume system mechanism. This mechanism, based on the internal oversight of the legal profession, can provide an effective guarantee of the legitimacy of the sub-volume.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-22
Abstract： The general counsel system is an indispensable part of modern corporate governance and an inevitable requirement for the promotion of the rule of law and the rule of enterprises in accordance with the law. The promulgation of the Measures for the Administration of Legal Counsels of State-owned Enterprises has made clear the key position of the general counsel of state-owned enterprises as the senior manager in charge of the overall legal affairs of the enterprise. However, in reality, due to the unreasonable selection and recruitment system, unscientific role positioning, talent reserve is not sufficient, many enterprises did not meet the ‘State-owned Enterprises Legal Counsel Management Measures’ relevant requirements, making the independence of the general counsel of state-owned enterprises is lacking. General Counsel of state-owned enterprises in the performance of their duties in the process of presenting the status of restricted, insufficient authority, unreasonable organisational structure, imperfect management system, unclear scope of responsibility, unclear role positioning phenomenon, can not give full play to its prevention of enterprise legal risks, safeguard enterprise compliance, safeguard the legitimate rights and interests of the role of the enterprise. Therefore, it is necessary to strengthen the independence of the general counsel of state-owned enterprises, and study and explore the direction of improvement to meet the needs of enterprise development.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-22
Abstract： A defense attorney has always been a crucial figure in criminal proceedings, playing a key role in upholding justice and fairness. In the practice of law, how to resolve the dilemma of defense attorneys fulfilling their confidentiality obligations and reconciling their confidentiality obligations with their duty to tell the truth is a problem of universal concern in the practice of law. The root cause of this conflict is mainly the dual role of defense attorneys and the different values reflected by the two obligations. Most scholars have explored the issue from the perspective of theoretical foundations and institutional construction by clarifying the boundaries between the two, thus seeking solutions to the conflict. However, there has been less discussion on specific ethical dilemmas and their resolution strategies in practical situations. Based on the analysis of the causes, this paper, drawing on the solutions adopted by Germany and the United States for the conflict between the two obligations, attempts to find measures for conflict resolution through empowerment and scenario analysis, taking into account China’s national conditions. Defense attorneys should fulfill their confidentiality obligations based on their primary role as the defense counsel of the suspect or accused person. More importantly, the law needs to provide rights guarantees for the risks faced by defense attorneys in fulfilling their confidentiality obligations, so that they can better balance the values based on specific facts and circumstances.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-22
Abstract： The professional ethics of lawyers are managed by the "combination of two" legal management of the Bar Association and the judicial administrative authorities. However, in practice, other institutions also manage the professional ethics of lawyers, among which the court has the greatest influence in the litigation process. The intervention and management of lawyers’ professional ethics by the court have their legitimacy, and at the same time, to ensure the effectiveness of lawyers’ litigation rights, the intervention of the court on lawyers’ professional ethics should adhere to the necessary limits. Lawyers’ litigation rights originate from the authorization of the client, so when the court regulates the practice of lawyers, it should consider the client’s wishes. The court has the right to regulate the professional ethics of lawyers within the scope allowed by the principle of proportionality, and correspondingly, the court should also provide procedural protection for lawyers’ litigation rights.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-21
Abstract：
The law is the important weapon of the state, and lawyers are precisely the unique social position to hold the important weapon - the law, into the social development and the flood of the times. Lawyer profession in the role position in the country, profession and individual in the triple identity of the interactive competition, due to the role position of the lawyer profession is ambiguous, in the total number of lawyers in our country will soon enter the 750,000 mark of the key node, the next stage of the need to control the scale of lawyers, how to control the scale of lawyers is also the lack of corresponding theoretical support. Therefore, on the basis of clarifying the basic relationship between the role of lawyers and the control of the scale of lawyers, we analyse the dispute between ‘more’ and ‘less’ lawyers in China, and compare the role of Chinese and foreign lawyers under the theory of role by means of comparative research. Under the challenge of digital technology, there are new problems such as the lack of identity and the subversive change of the competitive pattern of the profession in contemporary Chinese lawyers. In order to solve the dilemmas faced by the profession, we can think of countermeasures from three angles: re-examining the role positioning of lawyers, improving the scale control mechanism of lawyers that combines the government’s macro-control and the self-management of lawyers’ profession, and creating a “small and precise” professional education for lawyers.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-21
Abstract： Under the impetus of globalization and commercialization, Multidisciplinary Practices (MDPs), as an emerging model of legal services, have attracted widespread attention and intense debate worldwide. MDPs, by integrating knowledge and resources from different professions, can provide comprehensive services to clients, reduce costs, and increase consumer welfare. However, this model has also sparked controversy, particularly regarding its potential to undermine the independence and confidentiality of the legal profession, as well as increasing the likelihood of conflicts of interest. Attitudes and policies towards MDPs vary across different countries and regions, reflecting different responses to these challenges in practice. This article, based on an analysis of the definition, characteristics, and operational models of MDPs, combined with specific domestic and international practice cases, assesses the economic benefits and potential risks of MDPs, aiming to provide a useful reference for the development of the MDP model in China’s legal services market.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-20
Abstract： The number of lawyers in China has shown an exponential growth trend since the resumption of the lawyer system, with more than 700,000 practicing lawyers in 2024. Second, in the context of economic globalization, China’s lawyers and law firms are in line with international standards, providing foreign-related legal services and participating in international competition. At the same time, the development of artificial intelligence technology has also had a certain impact on the lawyer industry, putting forward new requirements for the competence of lawyers in terms of technology. The new era requires law firms to innovate in management models to meet the development needs of scale, specialization and internationalization. The purpose of this paper is to clarify the connotation of corporatized management by combing the research results at home and abroad, and on this basis, analyze the advantages of corporatized management, analyze the difficulties in the implementation of this management model in China’s practice, and put forward some countermeasures based on this.
Peer Review Status:Awaiting Review
Subjects: Law >> Legal professional ethics submitted time 2024-11-19
Abstract： Under the guidance of the concept of digital rule of law, the artificial intelligence-assisted sentencing system, as an important component of the intelligent rule of law project, is being gradually piloted in various places across the country, demonstrating significant potential in enhancing judicial efficiency and precision. However, as artificial intelligence technology continues to penetrate the judicial field, technical risks and ethical challenges arise accordingly. Against the backdrop of the digital rule of law era, members of the legal profession, especially judges and prosecutors, need to use intelligent sentencing systems reasonably to ensure the dual realization of judicial fairness and professional ethics. Based on the theories of risk society and actor-network theory, a systematic framework for preventing technological risks can be constructed, reshaping the system from the dimensions of classification and grading, responsibility allocation, and technological ethics, to ensure the ethics and safety of the artificial intelligence-assisted sentencing system. This provides theoretical guidance and support for building a more just, transparent, and reliable judicial environment under the concept of digital rule of law.
Peer Review Status:Awaiting Review
Subjects: Law >> Network Law submitted time 2024-11-17
Abstract： The emergence of algorithm recommendations has brought considerable impact to the field of copyright infringement. The introduction of algorithms by the platform for work review and recommendation has made it increasingly difficult for the platform to identify the subjective fault elements of copyright infringement as "known" and "should have known". Moreover, with the integration of algorithm recommendation and targeted advertising delivery into the business model, the platform has gradually lost its original technical neutrality position. All of this, with the flourishing development of self media and the enhancement of public copyright awareness, has caused new problems in the actual operation of the "notice and take down " safe harbor, and has also had a certain impact on the theoretical basis of the "notice delete" safe harbor due to the change in the liability form of copyright infringement platforms. In this situation, China should introduce technology havens to guide platforms to actively fulfill their copyright filtering obligations without hindering their independent operation, promote the application and improvement of copyright filtering technology, and achieve a balance between the efficiency value of platform operation and the fair value of copyright protection.
Peer Review Status:Awaiting Review
Subjects: Law >> Economic Law submitted time 2024-11-04
Abstract： With the development of big data and intelligence, it has become a mission of the era for courts to safeguard ‘fairness and efficiency’ with digital justice and accelerate the construction of digital courts. Based on the characteristics of contracts and contract-like disputes related to personal information protection, and there are relatively few studies related to big data and the Internet, it is hard to respond to the trend of “building digital courts”.The social network analysis method is introduced to analyze the effective judgments on personal information protection in credit card disputes in Beijing from 2022 to 2024, establishing a database. Through the analysis of the relationship network indicators of applicable laws and regulations, showing the applicable laws and regulations and their connections in substantive and procedural aspects of the disputes in China, which provides a methodology to make up for the deficiencies of the current classification system of the digital court, improve the status quo of the weak relevance of the cases, and assist the judges in the trial. It has practical significance for improving the efficiency of judicial decision-making, constructing a search database of classified cases, and constructing the holistic system of the digital courts.
Peer Review Status:Awaiting Review
Subjects: Law >> Economic Law submitted time 2024-10-20
Abstract： Credit card has become an important part of today’s economic life, and among the many credit card disputes, the number of contractual and contract-like disputes related to the protection of personal information is huge, which is closely related to the property rights and interests of the parties as well as the right to privacy. Existing academic research is mostly theoretical, with less research related to big data and the Internet, making it difficult to respond to the trend of ‘building digital courts’. We introduce social network analysis method to analyse 49 effective judgments on personal information protection in credit card disputes from 2022 to 2024 in Beijing, and set up a database with 48 judgments collected and screened. Through the analysis of relational network indexes, centrality and intermediation of applicable laws and regulations, we are able to clearly show the applicable laws and regulations and connections of credit card disputes related to personal information protection in terms of substantive and procedural issues, and provide a clear picture for the development of a digital court. The applicable laws and regulations and connections provide a methodology to make up for the defects of the current digital court classification system, enhancing the current situation of weak case linkages, and reducing the judge’s search procedure, which is of practical significance in promoting the specialisation and refinement of the classification of cases, improving the efficiency of judicial adjudication, strengthening the supervision and management of the quality of trials, and promoting the construction of digital courts.
Peer Review Status:Awaiting Review
Subjects: Law >> Theoretical jurisprudence submitted time 2024-09-09
Abstract： Abstract：The concept of rights has its origins in ancient Rome, and throughout history, scholars have engaged in ongoing debates regarding the nature, ontology, operation, and value of rights, with no definitive conclusions reached to date. In modern times, these discussions have manifested as a profound entanglement between the theories of will and interest, grounded in a fundamental philosophical dichotomy between direct consciousness and material ontology. This has resulted in a theoretical and practical impasse regarding the logic of rights. The latest theoretical achievements of the Sinicization and modernization of Marxism, specifically Xi Jinping’s Thought on the Rule of Law, critique this binary opposition and seek to reconstruct the theory of rights through the lens of social relations and social interaction. It posits a theory of rights that emphasizes the positive elements of social relations, thereby providing a holistic renewal of rights theory aimed at bridging the philosophical divide inherent in the binary opposition.
Peer Review Status:Awaiting Review
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