On Lawyer's Professional Liability Insurance Structure In China: Issues And Thoughts

LLI(Lawyer's Liability Insurance) is 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 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.The paper was to illustrate the liability insurance for lawyers of the legal issues related to specialized research on the basis of lawyer's liability insurance,the meaning of development and the development at home and abroad.The paper contents the following parts:The first part is to analysis the characteristics of lawyer's liability insurance on the basis of the definition.The second part is to analysis the relationship between the lawyer's liability insurance and the civil liability according to the theories of insurance and the civil liability insurance system.The third part of the paper is to analysis the fitness body of lawyer's insurance liability and improves the existing liability and insurance exclusions according to the circumstance.