Civil Compulsory Lawyer Agency System Research

The system of lawyer's compulsory agency is a system in which the litigant must entrust the lawyer as the agent in the specific field of civil action.The system has promoted the efficiency of lawsuit,promote the lawsuit weapons equality,avoid lawsuit abuse,and protect the parties litigation right,easing the burden on the judge's interpretation of the Ming,and other functions,but at the same time it still exist some disputes,mainly focused on whether against autonomy,whether impact the legal service market order and whether to limit the parties litigation right.The three aspects of.However,this does not prevent the system has been adopted by many countries and regions in the world.Under the civil law system,the system has become one of the basic systems of civil litigation in some countries,such as Germany,France and Japan.In common law countries,although the law has no express provisions or only a few words,but in practice it still implemented the lawyer's compulsory agency.The system of lawyers' forced agency not only increases the economic burden of the parties,but also puts forward higher requirements for various supporting measures.Compared with the successful experience abroad,China can share the litigation costs of the parties by improving the legal aid system,establishing litigation financing and litigation insurance.Our country has not yet established the compulsory agency system for lawyers in civil litigation.There are different opinions and disputes in various aspects,and the relevant measures are not perfect.However,the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Promotion of Ruling the Country by Law,adopted at the 4th Plenary Session of the 18 th Session in 2014,puts forward that "the system of lawyer's agency should be gradually implemented for appeals against effective judgments and decisions of judicial organs",which shows that the state has taken a tentative step towards establishing the system of compulsory Moreover,the mode of civil litigation in our country is changing from authoritarianism to litigation,so the change of agency system from arbitrary agency to compulsory lawyer agency is also a historical necessity.