On Lawyer's Civil Liability

Lawyer system aims to safeguard the legitimate rights and interests. For the aim, the entire legal system, focusing on lawyers and the legal relationship between the parties, by setting the appropriate code of conduct and accountability mechanisms to achieve the function of rights protection, lawyers civil liability system is its expression.In 1996, China promulgated the《Law of the People's Republic of China on Lawyers》for the first time established the civil liability of lawyers, can be described as a milestone in the history of the lawyer system. However, compared with other areas of civil law, civil liability of lawyers is far too fragmented, a lack of theoretical depth, the situation is not optimistic. In view of this, the basis of this theory based on civil law, civil liability of lawyers systematically discussed the major issues.Including the introduction and conclusion, the full text is of a total of six parts.Introduction describes some of the major background, research value, methods and research objects and related concepts on the definition and description.The first part focuses on the concept of civil liability of lawyers, character and legal nature. First, the definition of civil liability by analysts to clarify the concept of civil liability of lawyers, civil lawyers is that lawyers or law firms in the practice, in violation of civil obligations causing damage but should bear civil liability. Then, by describing the characteristics of lawyer's civil liability the author analyzes its particularity. Finally, by comparing the analysis of various properties of the theory of civil law, the perspective of the nature of civil law is more objective and rational from.The second part of the lawyer's civil liability analyses the doctrine of liability fixation, component and the burden of proof.Some combination of the responsibility principle, components, and the basic theory of the burden of proof, civil liability for lawyers how to identify the detailed study were compared. I believe that the civil law principle of fault liability shall be attributable to the implementation of the principle, the same time, the lawyer is a specialist civil liability, this particularity of civil liability in cases dealing with the lawyers, not only the burden of proof should be allocated for general rules, and lawyers determined whether the fault, the burden of proof should be the method used, that the first presumption of law is at fault, then the lawyer to prove himself through no fault of proof, the principal damage to the wrongful act does not exist with their causality, thus eliminating the civil liability. Elements of civil liability of lawyers, I believe that lawyers for the civil liability of the constituent elements:(a) illegal, (b) damage to the facts, (c) wrongful act and the causal relationship between damage results, (d), the perpetrator has a fault. Among them, the lawyers familiar with the law as an expert to counsel members of trade associations in the general level of attention is usually appropriate. If counsel failed to meet the kind of level of attention, it finds its fault, that is "medium standard". Secondary standards identified by law should take into account the fault of the special circumstances of the case, counsel's personal characteristics and the characteristics of the legal profession and the development and changes.The third part of the first and second part of generated and identified on the civil liability on the basis of the analysis, mainly on how to bear civil liability problems after the election. First of all, responsibility and recovery from the responsibility of external angles, summarized and comb the development of our law firm, partners and lawyers handling the main way of accountability. On this basis, of the Civil Liability lawyers that the theoretical basis of vicarious employer liability and joint and several liability, that the Civil Liability of the existing system inadequate counsel. Secondly, the analysis of the law the scope of civil liability, and called on lawyers to civil liability for the amount of damages should be certain restrictions.The fourth part of the first analysis of China's Legislation Law and civil liability system defects, pointed out that the shortage, and improve the lawyer explained the significance of civil liability system, and then combined with the Lawyers Law of the changes were made to improve the lawyer's civil liability system, concrete ideas.Conclusion of the various chapters of the full text of the key issues involved in the induction and consolidation, and the body of the main points were summarized and concluded.