A Lawyer's Practice Of Civil Liability Investigation Report

With the comprehensive implementation of the rule of law in an all-round way and the orderly advancement of the rule of law and social construction,people began to understand how to use the rule of law and the rule of law to deal with legal affairs and resolve disputes.People's demand for quality and efficient legal services is increasing,and the role of lawyers as a special force in the construction of the rule of law is growing.In the judicial practice,the vast majority of lawyers diligently,conscientiously and meticulously completed the commission matters,according to the law to protect the rights and interests of the parties to ensure the precise implementation of the law,but very few lawyers in the actual practice because of different reasons against the legitimate rights and interests of the parties.In the day-to-day management,the judicial administrative department has assumed the responsibility for the management of the practice of lawyers.There are often cases where the parties or third parties have complained and claimed the lawyer's problems in the course of practicing.Since 2012,lawyers have practiced lawyers every year in Nantong Complaints are about 30 cases.As the competent authorities of the lawyer industry,colleagues of the Judicial Bureau often suffer from the lack of specific legal basis and clear procedures to resolve the dispute.The lawyer system is an indispensable part of the national legal system.It stipulates the nature,duties,rights and obligations of lawyers and the standards of lawyers' activities,business areas,organizational structure,management mechanism,legal consequences and so on.Lawyer's civil liability system is also a key component of the lawyer's system.Lawyer practice civil liability is a special subject of civil liability,"Lawyer Law" Article 54 of the provisions of the principle of comparison,theorists and practitioners on this issue have some research and controversy,the judicial administration and lawyers Association of lawyers There are also different views and practical practices on the recognition of civil liability.This paper analyzes the civil liability disputes caused by lawyers 'practice complaints in recent years,and analyzes the lawyers' practice in violation of the laws and regulations,violates the professional ethics and practicing discipline,violates the professional service contract and does not conform to the basic practice The law firm,the lawyers of the lawyers of the lack of supervision and management to bear the civil liability of the five major types of practice,and from the lawyer's ability to practice,management system,social environment,disciplinary efforts to deepen four aspects of lawyers practice civil liability The causes of the prevention and reduction of the civil liability of lawyers to practice.The author uses the knowledge of civil law to analyze the concept and nature of the civil liability of lawyer's practice,and the responsibility of the principal and the third party,especially the lawyer's civil liability,the principal and the third person Of the constituent elements,the third person's scope of the special restrictions to be explored.Combined with the management functions of the judicial administrative departments from the perspective of the reduction and prevention of civil liability of lawyers practice,proposed to strengthen the professional ethics of lawyers,practice discipline,self-protection education,standardize the industry and the law firm's own management,prevention and improvement of lawyers practice civil liability risk transfer Mechanisms,with good disclaimers,the establishment and improvement of lawyers practice insurance and compensation fund mechanism and other aspects of the proposal.