On The Unfair Competition Regulation In China's Legal Service Market

China's legal service market has been in deep end of disorder, insufficient ruled etc., which is worse now. The disordered competition caused by the diversified kinds of subjects, policy barriers and divided market made by multiple managing authority and low-leveled legal service that could not fit the market economy development are the main problems in China's legal service market. The mentioned deficiencies of the legal service in China, make not only the competition in the market unfair and lawyers' due function in legal service unaffected, but also breed corruption and affect the intercourse between the legal service markets in China and in international community. Analyzing the unfair competition situation and its causes in China's legal service market on the basis of investigation and research, the thesis proposes ways regulating the unfair competition in China's legal service market with the comparison analysis and dialectic.The first part of the thesis introduces the basic theory of regulating unfair competition in legal service market. First of all, the dual character of legal service—character of both service industry and legal profession is analyzed. Then the theoretical basis, the asymmetric information theory, the economic people theory and the public choice theory, of unfair competition regulation is elaborated. Third, the principles of unfair competition, namely the adaptive government intervention, fair competition protection and social welfare, are recommended. Finally, subject and behavior regulation of the legal service market, which is called the contents of the market, is studied.The present situation and its causes of unfair competition in China's legal service market are analyzed in the second part of the thesis. The diversified market subject, the unlawful competition between lawyers and between lawyers and non-lawyers are the manifestation of unfair competition in China's legal service market. And the deficiency of the market, some historical reasons, the unsound legal system and the management problems are factors that cause the unfair competition of the market.The third part draws the experience sound from the practices in Hong Kong, Taiwan and foreign countries; however, for lawyers make a monopoly of the legal service in the mentioned districts and countries, the thesis introduces the management experiences of lawyers only. Researching the practices, the thesis summarizes the following enlightenments: strict market access mechanism; sound profession rights of the market subject; self-ruling by subject association and feasible disciplinary procedure.The last part proposes some suggestions perfecting the situation of China's legal service. Analyzing the unfair competition and its causes, the thesis studies the unfair competition regulating with the theory of market regulation. Taking consideration of the practice of China's legal service and the experiences abroad in the same market, the unfair competition in China's legal service market could be regulating by the following: systematic market regulations, reasonable legal service classification, satisfying legal service by lawyers, approving service by grass-roots and professional legal service intermediate organizations.