to be precise, it is a quasi-institution that is maintained by self-supporting. In this regard, we judge and interpret from the following aspects. First, from the historical evolution, it is a public institution. After the founding of the People's Republic of China in New China, the management of lawyers has been compiled by institutions affiliated to state organs. At that time, it was called the Legal Advisory Office. From the Ministry of Justice to local judicial bureaus and offices, there are several legal advisory offices. Lawyers are all national civil servants. After the reform and opening up in the 198s, the lawyers were drastically reformed, and the legal advisory office was renamed as a law firm, and then the law firm was further reformed into a self-supporting autonomous organization. And began to have the following characteristics.
1. The State-run office was completely abolished and changed into a cooperative law firm. The state is no longer managed through the establishment and salary maintenance, but through the Law Association and the Law Office. 2. Partnership law firms have mushroomed everywhere and moved towards the road of freelancing. 3, a large number of national lawyers quit the establishment, no longer enjoy the national salary and its subsidies, and earn money on their own. 4. Lawyers no longer hold the lawyer's license with the characteristics of civil servants to engage in lawyer work in the name of government agencies, and the cooperation of other departments or individuals in lawyer work has also been greatly weakened, and even discriminated against in many aspects. 5. Obtaining the lawyer's practice license depends on the fact that the lawyer has passed the lawyer's qualification examination and the law firm has accepted cooperation or partnership.
second, the state's management of lawyers is also a career management model. The management of lawyers is not only subject to the administrative management of the Judicial Bureau, but also to the autonomous management of the Lawyers Association. However, the former Industrial and Commercial Bureau or the current Market Management Supervision Bureau has never been responsible for the management of the lawyer industry. 1- The source of lawyers is certified through special judicial examination channels, and it is not certified through business administration. 2- Law firms are also licensed by the Bureau of Justice, not the Industrial and Commercial Bureau. 3- Tax management is also based on the income of public institutions (of course, it has been unified to value-added tax in recent years). 4- Law firms and lawyers violate laws and regulations, which are also handled by the Disciplinary Committee of the Lawyers Association, and the industrial and commercial departments have no right to handle them.
third, the characteristics of lawyer's work show that it is not for profit. 1- Lawyers' participation in criminal defense has become a corner of both the prosecution and the defense in a trial-centered system, and a corner of the trial triangle structure, with a special position. It is not subject to the restriction or obedience of any party in the trial or complaint, nor to the entrusted arrangement of the client, and it is independent. If you only focus on how to maximize your own interests, you may lose your independence and become a corner. 2- Civil agency and legal advisory work are also not allowed for profit. The essence of principal-agent lies in people's entrustment and loyalty to others. If the purpose is to make profits, it should be understood as market behavior, which may be formed by squeezing the principal at all stages of agency and bargaining at all stages of legal consultation, resulting in all kinds of extortion and disappointing the trust between people. 3- Law firms aiming at profit may lead to capital control law firms and gradually form corporatized law firms. Capital is profit-seeking. On the one hand, it can make the law firm bigger and stronger, but on the surface, it may instill a sense of market competition in a large number of lawyers, or it may form a market monopoly in one place or region and destroy the ecology of the lawyer industry.