Discussion On Imputation And Burden Of Lawyer's Civil Liability

On basis of the concept, nature and worthiness of lawyer, the author analyses imputation and burden of lawyer's civil liability and points out that a civil liabilities' claim concurrence system , which is "the contractual liability as general principle, the tort liability as sub-principle " .should be established. On imputation of lawyer's civil liability,this paper puts forward that the conversion of the burden of proof in the civil procedure should not be undertaken and the general principle is appropriate .Meanwhile , under some special circumstances, it should be put forward that the client's relatives have the right to authorize the lawyer to settle the relating legal affairs . Lawyer's civil liability in the legal aid system should be burdened by the government. In the meantime , lawyer's liability insurance system should be set up so as to avoiding the high risks of lawyer's responsibility.