The Research Of The Risk Representation System

Scholars of jurisprudence rarely specialize in the research of attorney fees in China, let alone risk representation system, although clients attach great importance to them. Neither the Lawyers'Law nor the Interim Mearures on the Regulation of Attorney Fees devoted a line to risk representation system. The Code on the Conduct of Lawyers (Trial) enacted by the All China Lawyers Association generally stipulated it for the first time on 20th March, 2004. The articles stipulating the applicable scope and charging percentage of risk representation of the Measures on the Administration of Attorney Fees (soliciting opinions version) jointly drafted by the National Development and Reform Commission and the Ministry of Justice are subjected to widespread objection upon publication in October 2005. In sharp comparison with the laggard legislation, risk representation came into existence in practice long before the legislation,especially in cases covering personal injury, medical accidents, product liability and default debts collection. The lawyer governing body tacitly approves the practice of risk representation. The lack of legislations regulating the risk representation system rusults in the contradictions of verdicts among different jurisdictions. What is risk representation? What are the advantages and disadvantages of risk representation? How shall China legislations regulate it? All these questions require reation of theory and legislation concerning risk representation to them. The author of the thesis intends to offer some constructive proposals on the risk representation legislation through some comparative analyses of relevant legislations abroad. The thesis consists of five parts as follows:The first part outlines the risk representation, including the classifications and history of risk representation, as well as the similarities and diffrences of the diverse risk representation systems.The second part is the comparative introduction of diverse risk...