美国律师业MDP问题及职业社会学分析
发布时间：2018-08-19 17:40
【摘要】： 律师业MDP问题在美国已经得以广泛讨论,本文详尽介绍了律师业MDP问题的背景、概念、结构类型以及有关MDP问题争论的主要观点,在此基础上,运用职业社会学的“市场控制论”及“职业系统论”对此进行了分析,通过分析阐明了MDP现象产生的原因以及未来的发展趋势。本文共分为四部分,主要内容如下: 第一部分详细梳理了MDP现象在美国律师业的相关背景、分析了美国律师协会对MDP的定义及分类,具体包括合作模式、支配与控制模式、商业辅助性模式、协议模式、完全结合模式共五种,并对美国当前有关MDP规制的规则进行了逐一分析,较全面地概括了MDP问题在美国的现状。 第二部分着重介绍了MDP赞成者及反对者双方在律师职业独立性、保密性、利益冲突及规制等方面的争论意见,进一步将MDP问题的分析引向深入。MDP反对者们认为,律师在非律师职业人员监管之下工作无疑会影响其职业判断,律师独立性的程度与非律师职业人员对合伙组织控制的严密程度成反比。在MDP环境中,由于不同行业对于委托人信息的保密性要求不同,委托人的保密性信息会处于更为危险的境地。基于在MDP中各种资源的共享关系,不同成员之间可能会彼此施加各种影响,这就容易造成一职业成员对客户义务与对其他职业成员义务的紧张与冲突。他们进而认为并不存在统一的MDP规制标准,甚至对其进行有效管理也是不可能的。而MDP的赞成者则从客户需求、提高服务效率、减少服务费用及捍卫行业领域方面提出了支持意见。 第三部分分别运用了“市场控制论”及“职业系统论”对MDP问题进行了理论层面的分析,前一理论着重从法律职业对产品的生产、职业追求“社会封闭”(social closure)的努力、“集体性流动”(collective mobility)、对生产者行为控制、创造需求五个方面进行了分析,得出MDP问题的出现是律师业内生应激性的一种反应。后一理论从系统紊乱及职业区域争夺的角度进行了分析,交代了律师业外部其他行业的刺激性,两方面的分析较为完整的剖析了MDP问题背后的深层原因,将问题的争论深入至职业范式本质层面。 第四部分总结了前文的分析,并对中国律师业的现状及问题做出了审慎展望,指出采纳适合中国国情的职业范式将会促进中国律师业的发展。
[Abstract]:The MDP problem of lawyer industry has been extensively discussed in the United States. This paper introduces the background, concept, structure type and main viewpoints of the MDP problem in detail. In this paper, the market cybernetics and the occupational system theory of vocational sociology are used to analyze the causes of MDP phenomenon and the development trend in the future. This paper is divided into four parts. The main contents are as follows: the first part analyzes the background of MDP phenomenon in American lawyers industry, and analyzes the definition and classification of MDP by American Bar Association, including the cooperation mode. There are five modes of domination and control, commercial auxiliary mode, agreement mode and complete combination mode. The current MDP regulation rules in the United States are analyzed one by one, and the present situation of MDP problem in the United States is summarized comprehensively. In the second part, the author mainly introduces the opinions of the pros and cons of the MDP on the independence, confidentiality, conflict of interest and regulation of the lawyer profession, and further leads the analysis of the MDP problem to the opinion of the opponents of .MDP. The degree of lawyers' independence is inversely proportional to the degree of non-lawyer 's strict control of the partnership organization. In MDP environment, due to the different requirements for the confidentiality of client information in different industries, the confidential information of the client will be in a more dangerous situation. Based on the sharing of various resources in MDP, different members may exert various influences on each other, which can easily lead to the tension and conflict between the obligations of one professional member to the customer and the obligation to other professional members. They think that there is no uniform standard of MDP regulation, and it is impossible to manage it effectively. The proponents of MDP offer support opinions on customer demand, improving service efficiency, reducing service costs and defending the industry. In the third part, the author analyzes the problem of MDP from the perspective of "market cybernetics" and "occupational system theory" respectively. The former theory focuses on the production of products in the legal profession and the pursuit of "social closed" (social closure) in the profession. "Collective flow" (collective mobility),) analyzes five aspects of producer behavior control and demand creation. It is concluded that the emergence of MDP problem is a response to endogenous stress in the legal profession. The latter theory makes an analysis from the angle of system disorder and occupation area competition, explains the stimulation of other industries outside the lawyer industry, and the deep reasons behind the MDP problem are analyzed completely in two aspects. The debate goes deep into the essential level of the career paradigm. The fourth part summarizes the previous analysis, and makes a prudent outlook on the current situation and problems of China's lawyer industry, and points out that adopting the professional paradigm suitable for China's national conditions will promote the development of China's lawyer industry.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D971.2;DD916.5
本文编号：2192353
[Abstract]:The MDP problem of lawyer industry has been extensively discussed in the United States. This paper introduces the background, concept, structure type and main viewpoints of the MDP problem in detail. In this paper, the market cybernetics and the occupational system theory of vocational sociology are used to analyze the causes of MDP phenomenon and the development trend in the future. This paper is divided into four parts. The main contents are as follows: the first part analyzes the background of MDP phenomenon in American lawyers industry, and analyzes the definition and classification of MDP by American Bar Association, including the cooperation mode. There are five modes of domination and control, commercial auxiliary mode, agreement mode and complete combination mode. The current MDP regulation rules in the United States are analyzed one by one, and the present situation of MDP problem in the United States is summarized comprehensively. In the second part, the author mainly introduces the opinions of the pros and cons of the MDP on the independence, confidentiality, conflict of interest and regulation of the lawyer profession, and further leads the analysis of the MDP problem to the opinion of the opponents of .MDP. The degree of lawyers' independence is inversely proportional to the degree of non-lawyer 's strict control of the partnership organization. In MDP environment, due to the different requirements for the confidentiality of client information in different industries, the confidential information of the client will be in a more dangerous situation. Based on the sharing of various resources in MDP, different members may exert various influences on each other, which can easily lead to the tension and conflict between the obligations of one professional member to the customer and the obligation to other professional members. They think that there is no uniform standard of MDP regulation, and it is impossible to manage it effectively. The proponents of MDP offer support opinions on customer demand, improving service efficiency, reducing service costs and defending the industry. In the third part, the author analyzes the problem of MDP from the perspective of "market cybernetics" and "occupational system theory" respectively. The former theory focuses on the production of products in the legal profession and the pursuit of "social closed" (social closure) in the profession. "Collective flow" (collective mobility),) analyzes five aspects of producer behavior control and demand creation. It is concluded that the emergence of MDP problem is a response to endogenous stress in the legal profession. The latter theory makes an analysis from the angle of system disorder and occupation area competition, explains the stimulation of other industries outside the lawyer industry, and the deep reasons behind the MDP problem are analyzed completely in two aspects. The debate goes deep into the essential level of the career paradigm. The fourth part summarizes the previous analysis, and makes a prudent outlook on the current situation and problems of China's lawyer industry, and points out that adopting the professional paradigm suitable for China's national conditions will promote the development of China's lawyer industry.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D971.2;DD916.5
【引证文献】
相关硕士学位论文 前1条
1 梁良;试论英国新型律师事务所及对我国的借鉴意义[D];中国政法大学;2011年
，本文编号：2192353
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