Civil Compulsory Lawyer Agency System Research

At present, our country in the process of judicial reform in the requirements in the whole process of operation procedure to further enhance the level of participation of the parties, to better protect the legitimate rights and interests of the parties. Therefore, with the further deepening of the reform of civil trial, timely in China into civil compulsory lawyer agency system, in some important fields of ordinary procedure, gradually the lawyer’s compulsory intervention, agents of the parties’ litigation activity, to safeguard the legitimate rights and interests of the parties in the litigation process, improve judicial efficiency and Realization of justice are of great benefit.This paper takes the civil compulsory lawyer agency system as the research object, first carries on the basis of theory research, comparison of similar concepts, clarify the connotation of the related system. The concept of the system is defined as "in the common procedure of the civil legal field, the litigants of litigation activities, not their litigation nor non commissioned lawyers as agents ad litem must be to entrust a lawyer litigation system."Then from the theory of protecting the right of action, civil entrust agent system and procedural justice, substantive requirements three aspects for based on the related theory, describes the compulsory lawyer agency has the protection of the right of litigants, adapt to the judicial procedures of standardization requirements and improve trial efficiency and safeguard judicial authority of system function.Through a comparative study of the law, the foreign civil compulsory lawyer agency system for comparative analysis and reference, listed respectively compared to Germany, France and Japan as the representative of the civil law countries, as well as to Britain and the United States system on behalf of the common law countries, the relevant provisions of the and operation status. Then elaborated on the system, our country in the trial court level, distinguish the applicable scope of the case distinction and Lawyers liability limited rights three aspects can be used for reference.The core content of the article is from to expand the scope of application of system and establish and perfect the relevant auxiliary system, supporting measures. Furthermore, the effects of current in our country implemented the system already has the social background, the law service consumption status and profession construction of realistic conditions. The civil compulsory lawyer agency system in China’s construction of the idea. Due to the civil compulsory lawyer agency system has not yet introduced in our country, in terms of the judicial authorities and the general public is a kind of new system, taking into account the judicial reform, the progressive and the whole society of the new system the ability to accept, the compulsory lawyer agency system in the scope of divided into early establishment and operation is relatively mature period to differentiate the provisions. At the same time, in order to meet the civil compulsory lawyer agency system in the nationwide implementation of, parallel and improve related, and discusses how to gradually establish and perfect attorney fee transfer payment system, litigation insurance system and legal aid public lawyer system, and expand the civil legal aid help scope and strengthen the construction of lawyers and other issues.