Traditional Culture Encyclopedia - Traditional stories - What is the difference between a litigator and a lawyer?
What is the difference between a litigator and a lawyer?
The difference between a litigator and a lawyer is:
Firstly, the cultural background is different, the values are very different. Lawyers and litigators, although only a word difference, but the appearance of God, the values on which it is based is also very different. Among them, how people perceive order, how to evaluate the law and how to view their role in litigation activities, will be directly related to their value and status in their respective judicial traditions, is one of the first need to identify the problem.
Secondly, the power structure of the litigation in the place is different. The so-called power structure refers to the litigation model in a country, which people enjoy the status of the main rights in the activities of the litigation. In terms of the history of China and Britain, although litigators and lawyers are involved in litigation activities at the same time, but their status in their respective judicial traditions are not the same.
Lawyers have always lived in the dark side of society, and could not be the back-up of the main body of trial activities - the scholarly men. The help of the litigators to the parties was only a kind of help to the litigants in the classical Chinese judicial tradition, not an essential element in the judicial process.
Third, the litigation mechanism is different. In China's Song Dynasty, although the impact of the commodity economy, the judicial model is quietly undergoing changes, but the scholar as a case officer, its central position in the litigation is still unshakeable, criminal trials, the operation of the litigation mechanism are to punish crime, social control as the center, so the defense can not become a criminal case since the link needless to say.
Because of the litigant for the parties to provide services is only a kind of help activities, and no legitimate legal status, so its help litigation will inevitably not change the "inquisitorial" trial under the judge's tradition of authoritarianism, this mechanism of litigation activities will not be for the growth of the litigant, and the development of the play of their talents to provide how broad the space.
Fourth
Fourth, different historical destinies. What kind of litigation model a country's judicial system adopts is of course closely related to its cultural tradition, political system, geographical environment and social structure.
But at the same time can not be ignored is: the legal profession group in the litigation power structure, especially in the operation of the litigation mechanism whether to recognize those who have a certain degree of legal knowledge, familiar with litigation skills of the legal status, but also on a nation's judicial tradition will play a pivotal role.
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