Analysis Of The Chinese Limited Liability Partnership Law Firm

Along with the socio-economic, cultural, democratic continuous development, the legal services market in China has also been promising developments. As a major professional service in the legal services market, law firm ushered in unprecedented opportunities. In order to avoid excessive risk of the partners and help the law firm goingtoscale, specialization, branding and international construction, our 2006 "Partnership Enterprise Law,"introduced Anglo-American system of limited partnership, the creation of the special general partner form of organization.2007 revised "Law on Lawyers" and the Justice Department issued the 2008 "Law Firm Management Measures" are the establishment of the special general partner of law firms to the provisions of the special general partnership of the law firms, to some extent cancel the joint and several liability of a general partnership. However, these provisions are too principled and supporting systems are not perfect, therefore, in practice, a special general partnership and not well achieve the desired effects.This paper describes the current organizational form of the major law firms and the legal services to our market-oriented trends, and draws a conclusion that the main focus point of the current legal services market is "promote development" section.Then,combining with the disadvantages of the other organizational forms and the advantages of limited liability partnership, proposing that in the " promoting development " legal services market, China may select the legal form of organization of law firms ---- limited liability partnership, and finally, summing up the useful experience of the foreign limited partnership and limited liability legislation partnership law firms to perfect our special general partnership. Specific chapter is structured as follows: Introduction is about the study background, related researches in this field, our history of the introduction of limited liability partnership and the significance of this study.Chapter I describes the main features and development status of the individuallaw firm, general partnership and limited liability partnership law firm law firm.Chapter II divides the legal services market of China into "livelihood security" section and "promoting development" section. After Describing and analyzing of the two sections, this chapter draws a conclusion that the main focus point of the current legal services market is "promote development" section, and combinating of the requirements of "promoting development" section, the disadvantadges of the other organizational forms and the advantages of limited liability partnership, this chapter derives the option of the "promoting development" section is limited liability partnership.Chapter III descripes the legislative status and problems of the special general partnership and suggests to learn the system of the foreign limited partnership and useful experience of the foreign limited liability partnership law firms to improve our system of special general partnership. Especially in the respects of the registration, responsibility, profits distribution, practice and occupational risk fund insurance system, internal management and bankruptcy liquidation system.In the conclusion of this paper, the author points out that our country needs to promote the limited liability partnership system law firm, fully exert its Legal Service Market active role in the development.