Our Country Law Office Organization Form And Responsibility System Reform And Consummation

Has restored the barrister system since 1979, our country attorneys already cross from restored, reconstruct to reform, the development 25 years. Attorney in provided the legal service to the society, maintains the litigant legitimate rights and interests aspect to play the vital role, already became our country democratic legislative work essential and the substitution strength. But in the law service market, not impossible to work out the law contract of service by an attorney's form same law service demand, this is on the one hand because single attorney is possibly unable to fulfill the contract of service, on the other hand provides the service transaction cost according to this way too to be high, does not favor the legal service expense economy, furthermore legal service multi-level and the multiplicity had decided forms one kind of cooperation inevitably between attorney. Thus it can be seen, because the law office the reason that composition certain form, is the law office is implements effective management, the safeguard law grade of service basic management unit, this also is serves by the law face society's nature decision.In 1979 restored the barrister system initial period we only then the country to manage the institute, in order to meet the law service market need, our country has carried on the reform to the barrister system. Our country Law office organization form in the present stage is by the national capital, the cooperation, forms a partnership the institute and individual four kind of organization system coexisting, looked from the present law service industry, forms a partnership the institute is without doubt the effective one kind of organization type, at present newly supposes the law office basically all is forms a partnership the institute, but the original cooperation institute also gradually to forms a partnership to transform. From a global perspective, forms a partnership the institute also is the law office model organization form which the various countries adopt generally. Along with the modern market economy development, China joins WTO, Chinese attorney industry faces the new challenge, the law office urgent is needing to reform. Our country Law office scale small, small and entire, accumulates few, the competitive power difference condition urgently awaits to be solved. But forms a partnership as a result of the benefit mechanism, the management mechanism restriction, very forms a partnership to have the varying degree the contradiction. This article is precisely based on this kind of kind of realistic condition, the model overseas developed country mature law office organization form experience, proposed establishes the limited liability in our country to form a partnership to make the law office the theory.The article altogether divides into four parts, the first part for the correlation elementary theory elaboration, mainly elaborated two questions: First, Our country Law office Organization form and the responsibility system outline, mainly elaborated our country barrister system origin, the development, established from new China starts our country's barrister system to experience a winding development phase, was connected the legal rule introduction from our country, proposed our country's barrister system and the law office development condition gradually; Second, Our country Present stage Law office organization form and responsibility system present situation.The present stage in our country main law office organization form is three kinds, the law office which the national investment sets up (national capital), the cooperation (system) the institute and forms a partnership to make the law office, looked from the present situation, the country basically already withdrew from the historical arena, its primary cause was the control system is backward, does not have the competitive power in the market economy, but cooperated in the history once the positive function, but its malpractice was more and more obvious, also was not suitable modern the steep competition.At present the law office main existence form for forms a partnership the institute, from law institute quantity, control system and public's aspects and so on receptivity all fully explained this spot. Its most receives the reason which welcome is the partner to forms a partnership to make the law office the debt to undertake is the infinite joint and several liability, this point regarding the customer is very advantageous. However regarding the law institute partner is actually very disadvantageous one side, because under the condition which the partner increases, requests one which any has not communicated even is simply is not acquainted with one another to form a partnership artificial other people to undertake the unlimited liability, to the undertaker is absolute unfair. This system very much suits the scale young law office, but regarding the previous hundred human of over a thousand human of laws, such system has even limited law office growing strong.