👉The table of contents so far is here.
Chapter 8: Overview of Legal Profession Law
8.2. Independence of the legal profession
Communist social governance structures move away from the classic separation of powers, consolidating all power in the Commons' Convention, the people's representative body. Therefore, judicial power cannot be separated from the the Commons' Convention, and classical concepts such as "judicial independence" are invalid.
However, it is a universal rule of the judiciary that judicial power must not be subject to external interference or be biased in favor of the interests of any particular individual, organization, or social group, and must maintain a high degree of neutrality. To realize this rule, the communist judicial system guarantees the independence of the legal profession.
"Legal independence" refers to the ability of the two types of legal profession we looked at last time, certified lawyer and notary public, to make independent decisions in the performance of their duties without external interference. Certified lawyers also serve as a source of human resources for various judicial positions, and their independence is guaranteed not only while they hold judicial positions, but also while they are engaged in private legal practice in the private sector.
For example, even a certified lawyer working in a corporation's legal department is not subject to interference from other internal organizations or departments in the performance of his or her duties. This guaranteed independence prevents corporate-wide fraud, such as in-house legal advisors attempting to legally cover up wrongdoing at the direction of management.
Furthermore, certified lawyers are not permitted to serve exclusively as legal advisors to specific individuals, companies, or other organizations. This is because such exclusive legal work would require a continuous, reciprocal relationship with the client, making it impossible to maintain the independence of the legal profession. Individuals, companies, and other organizations will have to consult and request legal advice whenever they need it.
On the other hand, law offices privately run by certified lawyers and notary public offices staffed by notaries are guaranteed the right to be free from casual searches and seizures by investigative agencies and other law enforcement agencies. Searches and seizures at such locations for investigative purposes require a special authorization warrant issued by the Tribune for Habeas Corpus.
Furthermore, legal professionals enjoy special treatment in terms of job security. While in various judicial positions, dismissal and other disciplinary action must be based on a ruling by the Commons' Convention Impeachment Court is. Even while in the private sector, disciplinary action against certified lawyers and notaries public can only be taken by their professional association.
Professional associations of the legal profession are guaranteed a high degree of autonomy by law, and their internal operations are not subject to external supervision or interference, including from the Commons' Convention. However, as quasi-public organizations, they may be subject to audits by the General Tribune of the Commons' Convention.
👉The papers published on this blog are meant to expand upon my On Communism.
