Discussion On Lawyer's Tort Civil Liability

Being a more practical problems, Lawyer's civil liability at present have not yet received enough attention in the legal research.Lawyer's civil liability is lawyer who provide legal services in the process, due to illegal practice caused a loss to his client or a third stakeholder, and shall bear the corresponding civil consequences of the system.Lawyer system started late in China,so the Lawyer's civil liability of lawyer's law in our country is too principle,and lack of maneuverability. Even the loopholes and the contradiction is existing in the law.The lawyer's law can't regulate the act,the corresponding rights,obligations and responsibilities relations of lawyers completely。This is't good to defending victim rights and to supervision and restraint lawyer behavior.Duing to the above imperfections, this paper, based on the basic theory of civil reference and the related theory of foreign lawyer's civil liability,research the problem of the lawyer's civil liability systematicallyThis paper have divided into five parts:The first part mainly analyses the three questions.In order to analysising the lawyer's civil liability,first of all,we shall know lawyer's connotation. So the first questions is lawyer's connotation.The second problem is analysising the social status of the lawyer system,and the change of the lawyers position in legislation in the thirty years.Then combining the expert system, that should be the status of lawyer experts lawyer.The third question mainly about the lawyer the concept and characteristic of civil liability.The second part analyzes the domestic and foreign lawyer's civil liability in related legislation status.lawyers in U.S.A who have damaged the civil rights of the client or a third party, would solve the problem with tort liability.Now Britain also mainly solve the problem with tort lawyer civil liability. In Germany,they resolve the question mainly on contract liability,but the tort theory is exsiting in narrow world.France with a special path,use the concept of "professional responsibility" for lawyer's civil liability Japan is the same to Germany on this question.Finally analyzes the relevantchinese legislation and puts forward some problems.The third part is about the nature of civil liability lawyers belonged to contractual obligations or tort liability.In this issue, mainly introduces and analyzes the two theories, finally choosing tort liability.After choosing tort liability for lawyer's liability, mainly discusses the cognizance of the tort liability.The fourth part mainly analyses the lawyer liability's types, including the tort liability to the client and to the third party.To addition,analysising a lawyer for tort liability subject of liability defenses, scope and the three areas of responsibility.The fifth part mainly discusses the perfect suggestion of our country's lawyer tort civil liability. Suggesting establish China's scattered lawyer risk lawyer professional insurance and lawyers compensation fund system.