Research The System Reform Of Our Country Lawyer Charge

The system of lawyer charge involves both lawyer's industry development and the maintenance of litigant's rights and interests. How to establish the system of lawyer charge which can adapt at the socialist market economy system, at present it still lacks the thorough system research.. Since the founding of the nation, our country have successively made the means or the standards concerned lawyer charge, which once play the positive role in administering the lawyer charge behaviors. Along with our country democratic legal system development and the law service market opening, the system of our country lawyer charge still has many problems, which mainly show like the following: firstly, at present, our country releases the lawyer charge standard formulation authority to each province, the autonomous region or the municipality and mainly implements the government guided price to the lawsuit case charge. In this way, administration factors are still too many to conform to the rule of lawyer charge. Secondly, regarding our country lawsuit charge systems, the court charge adopts the authority principle charge pattern while the lawyer lawsuit charge introduces the litigant principle charge pattern. The litigants have to bear both the high court charge and the soaring lawyer lawsuit expense so that the lawyer lawsuit charge and the litigant lawsuit cost are asymmetrical and litigants'rights of can't obtain the effective safeguard. Thirdly, among the ways of our country lawyer charge, the consultative charge way and the risk charge way stipulation scope are excessively narrow and the time charge way stipulation is also difficulty to be accepted by the multitudinous litigants, appearing that"it is unaccustomed to the climate". Moreover, the safeguard of lawyer charge does not have the corresponding stipulation. The article firstly analyzes the characteristics and basics of lawyer charge, then make the introduction and evaluation to our country lawyer system's change. At the base of inspecting the systems of the West main countries lawyer charge's characteristics, as well as our country the special details, it proposes to establish the charge mechanism that the market regulations take primarily work with government auxiliary macro-adjusting. To the mechanism concrete establishment, author suggests that the lawyer charge standards should be formulated by the bar association, the scope of the consult charge and the risk charge both should cover all the legal service domain without involving the community policies, and it should establish the pay systems that those who lose the lawsuit should bear the lawyer lawsuit expenses, additionally build the safeguard procedure provisions of lawyer charge, and set up the lawyer charge dispute processing committee and award it the corresponding authority.