Concepts and differences between ancient litigation lawyers and modern lawyers

First, different cultural backgrounds have different values. Although there is only one word difference between lawyers and litigators, they are very different in appearance and spirit, and they rely on very different values. Among them, how people view order, how to evaluate the law and how to view their role in litigation activities will directly affect their value and status in their respective judicial traditions, which is the first problem to be determined.

Second, the litigation power structure is different. The so-called power structure refers to who enjoys the status of subject rights in litigation activities in a country's litigation mode. As far as the history of China and Britain is concerned, although litigators and lawyers participate in litigation activities at the same time, their positions in their respective judicial traditions are not the same. As far as China is concerned, although litigants were very active in civil life around 12 century, their legal status was never formally recognized by the decrees and government of the Song Dynasty, and litigants not only could not enter the trial court in an open way, but also did not have the subject qualification and legal rights in the litigation system of the Song Dynasty. Because in the litigation at that time, agency and defense were not legal links, litigants always lived in the dark side of society and could not become the reserve force of literati engaged in judicial activities. The litigant's help to the litigant is only a kind of litigation assistance activity in China's classical judicial tradition, and it is not an essential element in the judicial process.

Third, the litigation mechanism is different. In the Song Dynasty in China, although the judicial mode under the impact of commodity economy was quietly changing, the central position of the scholar-officials as judges in the litigation remained unshakable. The operation mechanism of criminal trial and litigation is centered on punishing crimes and controlling society, so it goes without saying that defense cannot be a link in criminal cases. It is a civil lawsuit, because the service provided by litigation lawyers to the parties is only a kind of litigation assistance activity, which does not have legal status, so its litigation assistance will certainly not change the tradition of judge's authority under the "inquisitive" trial, and the litigation activities under this mechanism will naturally not provide broad space for the growth, development and display of talents of litigation lawyers.

Fourth, historical destiny is different. What kind of litigation mode a country's judicial system adopts is closely related to its cultural tradition, political system, geographical environment and social structure, but at the same time, we can't ignore whether legal professional groups can occupy a place in the power structure of litigation, especially whether the legal status of people with certain legal knowledge and familiar with litigation skills is recognized in the litigation operation mechanism, which will also play a decisive role in a nation's judicial tradition.