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Elementary Discussion About Limited Liability Of Partners Or Members In Lawyer-practicing Institutions

Posted on:2005-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiuFull Text:PDF
GTID:2156360122499557Subject:Procedural Law
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As a member of WTO, China is gradually undergoing an opening in lawyer industry. So far Chinese authorization has approved 150 deputy offices of foreign lawyer firms from USA, Britain and France and other countries to practice in Shanghai and Beijing. According to promise of 45 members of Uruguay, law service will entirely open freely. Due to the history and politics, our lawyers hang behind of foreign lawyers not only in ability but also in concept, and our lawyer-practicing institutions cannot compete with international lawyer institutions. Our lawyers face real challenges after China's accession to the WTO. Let us read the foreign lawyer firms lists publicized by Judiciary of China, many of foreign lawyer firms is Limited Liability Partnership, or Limited Liability Limited Partnership, or Limited Liability Company. Limited liability keep foreign lawyers away from infinite liability, while under infinite joint and several individual liabilities our lawyer is strained from stepping forward rapidly. It's time for us to remodel lawyer's liability-bear manner.We call the Lawyer-practicing institutions lawyer firm. Article 16,17 and 18 of the people of public of china lawyer law confirm that the lawyer firm should be set up by state, by cooperation or lawyer partnership. Besides, there is a lawyer firm which can be invested by individual person. In our country, local law service chamber and deputy of foreign lawyer firm can serve for the customers. These are the main point of chapter one.Chapter two mainly state that Other than lawyers in Shanghai and Beijing have right to set up an individual lawyer firm, lawyer in the other cities can only choose to found partnership because the other forms could not confirmed by Authorization. Nowadays in China, the main form of lawyer practicing institutions is individual partnership. Partners should undertake infinite joint and several liabilities. One unjustified situation inevitably appears under infinite joint and several individual liabilities, the partner has to carry the can with his own property, who hasn't partaken in the action arising debt of partnership and has no fault. It makes law offices hold cautious attitude on expansion. In t America, it is t Texas that first bestows lawyer right of limited liability, and is followed by the other stats and makes a hit. Members of limited Liability Company can enjoy the protection of limited Liability. And lawyers need not pay out painful cost for other's fault or corrupt practice. It removes the future anxiety in a large extent. Under the infinite liability, our lawyers are in a dilemma. Reconstructing our system of partnership and cooperation becomes a big problem which needs to be solved immediately. The main contents of Chapter three is about the theory background of the introduction of the limited liability. Lawyer is the professional confirmed by state and serves the society。Clear definition of the lawyer helps to disclose the essence of the lawyer. The characters of lawyer firm can be understood as the market principal part, and this is helpful to lawyer development.In order to introduce the system of limited liability, we can design tree model for lawyer institutions: limited liability partner, limited liability limited partner and professional company. In limited liability partner, partnership organization undertakes debt liability with its entire property. And members of partnership undertake infinite liabilities for the consequences of their own action. As long as partners have no direct liabilities of partnership duties, they can enjoy the protection of limited liability. And between partners, they need not undertake joint and several liabilities. Limited liability limited partner is organized by two kinds of partners. Hereinto, limited partner undertakes the partnership debt within the limit of his investment; and common partner undertakes limited liability for the partnership debt and infinite liability for the consequence of his own action. Member of professional company can entirely...
Keywords/Search Tags:Lawyer-practicing
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