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On the lawyer civil liability

Author: ZhangGuangLei
Tutor: FangLiuFang
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Lawyer Civil obligations Civil liability
CLC: D926.5
Type: Master's thesis
Year: 2008
Downloads: 127
Quote: 2
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Abstract

Lawyer civil liability is a practical and strong, yet attracted sufficient attention in China's Legal Studies. Meaning clarify lawyer civil liability on the basis of the characteristics and laws of nature, in accordance with the civil obligations of lawyers, how to determine the idea of ??the lawyer in violation of civil obligations, lawyers in violation of civil obligations bear responsibility argument, layers of lawyer civil liability designed to play a valuable role for research in the field of lawyer civil liability in China, but also to improve the lawyer civil liability system provides a valuable reference for. The full text including the preface and conclusion, including a total of six parts. The preamble describes the research background, research value, research methods and research objects and related concepts are identified and described. The first chapter of the Law on Civil Liability for the meaning, character and legal nature. First of all, by the definition of civil liability analysis expert to clarify the civil liability lawyer of meaning, namely civil liability lawyer is a lawyer or law firm in the course of their practice in violation of the civil obligation to cause others to suffer damage should bear civil liability. Then on the special nature of lawyer civil liability. Finally, through the analysis of the nature of lawyer civil liability, noting that a lawyer civil liability of the complexity of the studied lawyer civil liability should not be using the traditional responsibilities elements analysis method, but rather to law civil obligations to the main line, by studying the law of civil obligations, lawyer civil obligations, in violation of how to take responsibility after the judgment and breach of civil obligations, to ascertain the civil liability lawyer core problem. The second chapter a detailed analysis of the civil obligations of the lawyer, the lawyer who bears the civil obligations and responsibility which civil obligations. Depending on the rights of people, the civil obligations of lawyers into the client's obligations and the obligations of a third person. The obligations of the lawyer on the client, the focus of discourse obligation to truthfully inform the obligations of duty of loyalty, diligence, confidentiality obligations and custody obligations. On the lawyer's obligation to a third party, through the analysis and discussion of the theory and practice of the USA and France on the lawyer thing obligations of the Third People more reasonable judgment of the lawyer whether the third person bear the standard of civil obligations, combined with our specific case is analyzed and demonstrated. Come to the civil obligations of the two lawyers on the third person: the case has civil obligations according to lawyers on the third person, to accurately determine the obligations and faithfully the obligations of the statement. On the basis of clear law civil obligations, and the third chapter discusses how to judge a lawyer in violation of civil obligations. Summary of the standards and methods of our current judgment lawyer breach of civil obligations, pointing out the deficiencies of the existing system. Then describes the criteria and methods of the United States on this issue, the Bar Code of Conduct and expert witnesses to determine lawyers' role in the civil obligations, and thus China should adopt the standards and methods, the existing theory and system based on the legal profession norms as the judge lawyers violation of the civil obligations of the reference, while the experts into law liability cases. In the second and third chapters on the civil liability and identified on the basis of analyzing the fourth chapter described the problem of how to bear civil liability to produce. First of all, from two angles of the external liability and recovery responsibilities, summarized and combing the responsibility of development of the main body of the law on law firms, lawyers and other partners and managers. On this basis, the commitment by the Law on Civil Liability for the theoretical basis - the employer vicarious liability and joint and several liability, pointing out that China's current lawyer civil liability bear the deficiencies of the system and put forward relevant proposals. The concluding section summarizes the key issues involved in the various chapters of the full text and organize the main points and the body of the Summary and Conclusion.

On the lawyer civil liability

Abstract

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