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Study on Lawyer’s Civil Liability

Author: WangQingXian
Tutor: ZhangLiHong
School: East China University of Political Science
Course: Legal
Keywords: Lawyer civil liability Professional Liability The burden of proof is inverted The lawyer Experts liability compensation fund Lawyer liability insurance
CLC: D926.5
Type: Master's thesis
Year: 2008
Downloads: 154
Quote: 3
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Abstract


Lawyer civil liability is a lawyer system. Practicing lawyers in providing legal services to the process, resulting in the loss of the consequences of the parties, the lawyers should be held accountable corresponding responsibilities. The establishment and improvement of the lawyer civil liability regime for the protection of the rights of the parties, lawyers functions embody the spirit of the law highlight both ensure functional system for sound law legal system, to promote the prosperity and development of the lawyer industry should not be overlooked significance. Our lawyers civil liability provisions in the Lawyers Law, enacted in 1996, for the first time, but compared with other areas of civil law, lawyer civil liability study too fragmented, lack of theoretical depth, their situation is not optimistic. Lawyer civil liability as the main special class of civil liability, the commonality of both general civil liability, but also reflects its own characteristics. These problems requires a combination of the basic theories of civil liability, learn from foreign advanced legislation and theory, research and explore carefully in accordance with the laws and regulations of our country. For this reason, this article is based on the basis of civil law theory, focusing on the special status of lawyers, carried out a systematic exposition of the basic questions of the lawyer expert responsibility system. This article discusses five aspects. Chapter Law Professional Liability Overview. Through the analysis of the definition and characteristics of the experts, drawn lawyer civil liability expert responsibility. Defined as: practicing lawyer with legal expertise, and qualified as a solicitor in accordance with the law, to provide legal services to the client or the public in the course of their practice, due to the fault to harm the interests of his client or a third person should bear civil liability for . Then introduced the current foreign lawyers expert overview of the civil liability system, and pointed out the inadequacies of the Lawyers Professional Liability regime. Chapter Two lawyers Professional Liability legal characteristics and nature. In character, I think, five characteristics different from the general civil liability lawyer Professional Liability. For all kinds of theories about the nature of the lawyer Professional Liability, the author believes, lawyers competing for liability for breach of contract and tort liability, victim identified its principal civil liability should choose an environment conducive to their own rights advocate. The civil liability of lawyers belonging to an infringing nature of the legal nature of the third party civil liability. Lawyers undertaking legal aid cases, based on \Chapter lawyer experts civil liability. First of all the main parties are divided into three categories: (a) the right to claim damages. (B) harm actors. (C) responsible for the main. Law firm lawyer Civil Liability main. Then discusses the lawyer expert Liability under the principle of fault liability should belong to. This paper argues that the lawyer Essential Elements:, illegal acts, and second, prejudice to the fact that three and a causal link between the violations and the injury results, four, the actor has fault. The fault is the core concept of the Lawyers Professional Liability want to complete, correct grasp lawyers expert responsibility, it is necessary for lawyers fault problem in-depth, detailed exploration research, so this fault and the fault of the lawyers criteria were analyzed. Victims and lawyers litigation contest, the parties asymmetric information, the paper argues that the burden of proof in order to balance the two sides, the pros and cons. Chapter Law Professional Liability limitations and defenses. To protect the interests of the victim at the same time, in order to ensure the healthy development of the legal profession, I believe that the response to the lawyer responsibility appropriate to be limited and require defense. Chapter lawyers civil liability for the implementation of the mechanism and the community to share. I believe that should be the establishment of an independent, professional \Whether it is from the development of the legal profession, or damage to obtaining compensation from the parties concerned, and even the establishment and deepening of the rule of law, social philosophy, the appropriate lawyer expert responsibility shared by the community, are necessary. Lawyer expert community to share the responsibility of two ways: Lawyers Professional Liability Compensation Fund and lawyers liability insurance.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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