Research Of Lawyers' Civil Liability To A Third Party

Development of scientific technology and more and more careful social division of labor make people lack of professional knowledge in many areas and depend on specialists who has strong professional knowledge and skill in these areas more and more to remedy their own disadvantage. As everyone knows, it always related to the third party's interest in economic and social communication, so how to define specialist's liability when they make damage to the third party as they dealt with business is an important problem.The specialist's liability to the third party has suffered a process from renounce to admit and at last, it was defined as tort's liability in countries under common law system. In countries under civil law system, it analyzes relationship between specialists and the third party from point of contract. Generally speaking, the research on specialist's liability to the third party started late and it has a great research value. There is no special legislation for specialist's liability in domestic, but there are some cases on specialist's liability to the third party in practice.There are nearly 40,000 characters about this article, mainly divides into four parts:The first part is to attorney the third human of responsibility outline. Attorney the third human of responsibility is attorney important content in the civil liability system, this part mainly the third human of responsibility carries on the outline from three aspects to attorney. First is attorney the third human of responsibility nature, the author thought it is one kind of expert responsibility. Afterwards, the author the third human of responsibility has carried on the elaboration to attorney in two big legal system development and the rationale. Each stage protection key point and the protection scope all differed from, has manifested that time development request, at that time legislator's manner and the legislation policy then.The second part elaborates in specially the third human of responsibility the third human of scope. The third human of limits are clear about attorney to the third human of civil liability premise, the third human of scope size relates attorney's civil liability compensation scope, relates attorney directly the occupation the social localization. the author to believe, attorney to the third human of responsibility scope size, was in the final analysis will lose how in attorney and the social public carries on the share the question. Stemming from must cause the similar loss to unlimited liability worrying as well as in the reasonable scope to receive the similar treatment principle as far as possible the consideration, the third human of limit was"already the third person which foresaw"more reasonable.The third part elaborates attorney specifically the third human of responsibility constitution important document and turns over to then principle. Turns over to the responsibility principle is the civil liability system core, it refers according to by determined the civil liability the reason, the standard or the final decisive basic essential factor which undertakes by the author. Turns over to the responsibility principle is the civil liability system core, it refers according to by determined the civil liability the reason, the standard or the final decisive basic essential factor which undertakes by the author. Attorney third human of responsibility constitution important document including four: Attorney not when the behavior, attorney on subjective have the mistake, the harm fact existence as well as the harm fact and attorney between the mistake have the causal relation.The fourth part is about attorney third human of responsibility undertaking with the share. Therefore, must establish reasonable attorney the responsibility risk guard the system, shares attorney's risk reasonably. In this part, the author mainly elaborated the responsibility has carried on the limit to attorney several ways. The main way has two: Attorney undertakes to the third human of compensation responsibility by the law office; Establishes attorney the professional liability insurance. Next is compensates the responsibility to attorney to carry on the limit.