On Lawyer's Liability Insurance Systems Of China

LLI(Lawyer's Libility Insurance) is a branch of LI(Lawyer's Insurance), LLI take the production of lawyer's liability systems (LLS) as premise, at the same time LLI has make up the shortcomings of LLS. Lawyer's liability insurance (LLI) can disperse the damage compensation out of negligence in the legal process, so the establishment of lawyer's liability insurance systems (LLIS) can maintain, on a large scale, the normal operation of the legal services.LLI compares with other LI, has own characteristics, including the special way to suitable the harm fill principle; the time of the insurance accident is the time of Insured requests the compensation; the responsibility of break contract is the main contain of LL, the responsibility of tort for auxiliary. LLI has own characteristics which different from the ordinary principle of LI, but LLI be a part of LI which system design must conforms to the basic theory of LI. Between policy holder and insurance sign must has benefit relation, the scope of LLI's insured must acts according to LI's general theory, including other employees who work for the benefit of policy holder. The scope of our country' insurance responsibility is narrow, should model the mature experience of overseas under the support of basic theory, include the third person responsibility and spirit damage compensate, at the same time, according to the actual situation of the development of our country's law profession, should introduction the exception responsibility caused by connection relation. According to the characteristic of insurance claim dispute, may model the way which solute the dispute of medical service, conceive establishing a special organization which is composed by the representatives of Law association, Insurance company and Judicature administration institute, and use a special procedure to deal with the dispute fairy and efficiency .