Research Of Chinese System In Responsibility To Expert Of Lawyer

As one of the experts, lawyer has played an increasingly obvious role in China’sjudicial process, which is the driving force to achieve legal freedom, fairness and order.In recent years, the party will first turn to lawyers for help in the event of a dispute,taking advantage of their specific expertise to answer questions and solve dispute,which has been highly praised. However, there are also some moments that lawyersmake mistakes. What kind of civil liability should the lawyer assume when lawyerscause losses to the interests of the party because of their practice faults? Whether couldthey both reduce the practice risk of lawyers and compensate for the loss of the party tosome extent through seeking social sharing mechanism? This paper seeks for solution toappealing issues by taking responsibility to expert of lawyer as a starting point.The thesis is divided into five chapters to research the responsibility to expert oflawyer. The first chapter describes the meaning, definition and legal basis ofresponsibility to expert of lawyer, and summarizes the legislative status quo and defectsof responsibility to expert of lawyer. The second chapter is to explore the nature ofresponsibility to expert of lawyer from the perspective of comparative law, and finallyput forward his point of view: responsibility to expert of lawyer is the concurrentliability of contracted liability and tortious liability. The third chapter researches thecriterion of responsibility to expert of lawyer, pointing out that it should belong to faultliability principle. Meanwhile, it combines with fault behavior which is usual in lawyerpractice to explore the fault criteria, and the distinction standard between intentionalityand fault, and culpable negligence and ordinary negligence. The fourth chapterdiscusses the behavioral subjects, main responsibility and the scope of damagecompensation of lawyer’s expert responsibility. At the end of the chapter, it leads thesocial sharing mechanism of responsibility to expert of lawyer, researching and pointingout the inadequacies from the perspective of comparative law. The fifth chapter presentslegislative proposals to improve lawyer’s expert responsibility in China. It put forwardthe author’s own innovation in the social sharing system which establishes andimproves responsibility to expert of lawyer in China.