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Article: Regulatory regimes for lawyers ethics in Japan and China: a comparative study

TitleRegulatory regimes for lawyers ethics in Japan and China: a comparative study
Authors
Issue Date2012
PublisherJoe Christensen, Inc. The Journal's web site is located at http://www.tsinghuachinalawreview.org/
Citation
Tsinghua China Law Review, 2012, v. 5 n. 1, p. 49-69 How to Cite?
AbstractChina and Japan are the two largest economies in Asia, and both countries are similar in their adoption of a civil law system. This article undertakes a comparative study of the regulatory frameworks for lawyers’ ethics in the two countries. This article first considers the development of legal profession, particularly their rapid growth in the past decade. It then analyses and compares the regulatory regimes on lawyers’ ethics in both countries, with reference to six ‘professional virtues’ of competence, independence, loyalty, confidentiality, responsibility and honourable conduct. It reveals that Japan adopts a model of self-regulation, while China implements a ‘hybrid’ mode, namely, both state and self-regulation. It also argues that China is improving in its growing recognition of such virtues as ‘competence’, and that it has room for improvement in such virtues as ‘independence’, ‘confidentiality’ and ‘honourable conduct.’
Persistent Identifierhttp://hdl.handle.net/10722/189592
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorWu, RWSen_US
dc.contributor.authorChan, KWen_US
dc.date.accessioned2013-09-17T14:48:54Z-
dc.date.available2013-09-17T14:48:54Z-
dc.date.issued2012en_US
dc.identifier.citationTsinghua China Law Review, 2012, v. 5 n. 1, p. 49-69en_US
dc.identifier.issn2151-8904-
dc.identifier.urihttp://hdl.handle.net/10722/189592-
dc.description.abstractChina and Japan are the two largest economies in Asia, and both countries are similar in their adoption of a civil law system. This article undertakes a comparative study of the regulatory frameworks for lawyers’ ethics in the two countries. This article first considers the development of legal profession, particularly their rapid growth in the past decade. It then analyses and compares the regulatory regimes on lawyers’ ethics in both countries, with reference to six ‘professional virtues’ of competence, independence, loyalty, confidentiality, responsibility and honourable conduct. It reveals that Japan adopts a model of self-regulation, while China implements a ‘hybrid’ mode, namely, both state and self-regulation. It also argues that China is improving in its growing recognition of such virtues as ‘competence’, and that it has room for improvement in such virtues as ‘independence’, ‘confidentiality’ and ‘honourable conduct.’-
dc.languageengen_US
dc.publisherJoe Christensen, Inc. The Journal's web site is located at http://www.tsinghuachinalawreview.org/en_US
dc.relation.ispartofTsinghua China Law Reviewen_US
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleRegulatory regimes for lawyers ethics in Japan and China: a comparative studyen_US
dc.typeArticleen_US
dc.identifier.emailWu, RWS: richwswu@hku.hken_US
dc.identifier.authorityWu, RWS=rp01290en_US
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros225161en_US
dc.identifier.volume5en_US
dc.identifier.issue1-
dc.identifier.spage49en_US
dc.identifier.epage69en_US
dc.publisher.placeUnited Statesen_US
dc.identifier.ssrn2677052-
dc.identifier.hkulrp2015/050-

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