Chapter 8.1.

👉The table of contents so far is here.

Chapter 8: Overview of Legal Profession Law

8.1. Certified Lawyer and Notary Public

The administration of justice, which applies the law and resolves various disputes, requires the existence of legal professionals who specialize in legal affairs and judicial duties. As discussed later, the use of artificial intelligence in the judicial field is being promoted, but it is none other than human legal professionals who operate this technology.

While there is no unified law defining the qualifications and authority of legal professionals, this chapter will provide an overview of the various laws that provide for the legal profession, collectively referred to as "legal profession law."

With the exception of the area of ​​impeachment justice, the nature of the legal profession under a communist judicial system that does not rely on the traditional court system is significantly different from that under capitalist societies. Since there is basically no court system, the position of judge naturally does not exist, nor does the position of prosecutor, who represents the state in court, primarily in criminal cases.

Meanwhile, while lawyer specializing in legal affairs is indispensable in the private sector, its main duties will no longer be courtroom arguments, and so it will be reclassified as a new professional occupation known as certified lawyer rather than attorney.

In addition, the equity commissioner, truth commissioner, tribune, and other judicial positions we have seen so far will be appointed from among certified lawyers through prescribed procedures. In that sense, certified lawyers will become a unified source of human resources for all judicial positions.

On the other hand, the absence of a court system will make the duties of notary public, who specialize in official certification, important. Notary public has a long history of preparing notarized deeds attesting to contracts and other legal relationships, and because it play a crucial role in preventing legal disputes before they occur, it will be given a clear new position as a second legal profession alongside certified lawyer.

Training for certified lawyer and notary public is only available through the law school, which is one of the academies for highly skilled professionals. This means that only after graduating from law school and passing the certified lawyer or notary public qualification exam can one legally practice as a legal professional.

However, to ultimately become a certified lawyer, one must first pass the initial stage of the two-stage examination. The duties of an assistant certified lawyer are limited to supporting roles within the public legal sector, as well as within the private legal sector such as legal departments of corporations and other organizations, which will be discussed later. Those assistant certified lawyers cannot independently perform duties as a legal practitioner.

After gaining a required number of years of experience as an assistant certified lawyer and passing the final exam, one becomes a full-fledged certified lawyer. This reflects the fact that in communist societies, professionals are generally trained through an apprenticeship-like process, rather than being granted lifetime status through a single exam.

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 7.8.

👉The table of contents so far is here.

Chapter 7: The System of Litigation Law

7.8. Jurisprudence justice

The jurisprudence justice is a judicial branch that conducts legal review to resolve legal interpretation disputes that arise when each branch of the judiciary applies laws and regulations. Under the Commons' Convention system, interpretation of laws and regulations is exercised by the Commons' Convention itself, which enacts the laws and regulations, thereby ensuring thorough democracy.

Within the jurisprudence justice, a distinction is made between constitutional review, which concerns the interpretation of the Commons' Convention Charter (hereinafter simply referred to as the Charter), which serves as the highest law, and general legal review, which concerns the interpretation of general laws and regulations other than the Charter. Constitutional review is carried out by the Charter Committee established in each Zonal Commons' Convention, while general legal review is carried out by the Jurisprudence Committee established also in each Zonal Commons' Convention.

Both committees have the dual role of serving as standing committees of the Commons' Convention while also exercising judicial power of legal principles. Therefore, in addition to the general delegates who are involved in proposing amendments to the Charter itself, the Charter Committee also includes special delegates (judge committee members) appointed from among lawyers who are solely responsible for constitutional review, and the Jurisprudence Committee is made up entirely of special delegates (judge committee members) who are lawyers (see my article for details on the status of special delegates).

As we saw in the previous articles judicial bodies in each judicial field may be forced to interpret laws and regulations, including the Charter, when handling the cases they are responsible for. In such cases, they have the initial authority to issue their own legal interpretation. A party dissatisfied with a decision based on that legal interpretation can request a legal appeal from one of the committees mentioned above.

The committee that receives the request reviews the validity of the initial legal interpretation and decides whether to approve it. If not, it issues a decision on its own interpretation and remands the case. The judicial body that receives the remand must then proceed with the case again, based on the committee's interpretation.

Incidentally, because the Charter regards the World Commonwealth Charter as the ultimate unified source of law, if there is a suspicion that the interpretation of the Commons' Convention Charter Committee regarding a Zonal Charter violates the World Commonwealth Charter, the dissatisfied party can file an international appeal with the World Commonwealth Charter Council.

The Council is the final and sole judicial authority regarding the interpretation of the World Commonwealth Charter. The ruling will be a universal precedent that will equally bind all Zones that make up the World Commonwealth, and the jurisprudence justice of each Zone will be obliged to conduct their decisions based on this premise.

👉The papers published on this blog are meant to expand upon my On Communism.