Research On Legal System Of Lawyer's Professional Liability Insurance

Because of its nature,the professional risk in practicing in legal area is relatively high compared with other industries.Sometimes,only a slight negligence during a lawyer's practice may lead to a material loss and damage to the client or a third person.At the same time,since the reform and opening up our country has changed the industries in all walks of life,the lawyer industry is no exception,the team of lawyer is expanding,business scope is expanding.However,as our legal service practicing enters the international realm,tons of new Legal service areas were created.The contingent compensation liability a lawyer shall bear during practicing becomes higher and higher,this is why Chinese lawyers and professors should make no effort to analyze this kind of issue.This article will introduce the legal system of lawyer's liability insurance from 4aspects and find out the reasonable solution to further develop our lawyer's liability insurance system by referring to the successful legislative practice in the overseas countries.The first chapter introduces the lawyer liability insurance system in detail from the angle of insurance law theory.Through the analysis of the definition,nature,type and characteristics of lawyer's liability insurance,the reader will have a preliminary understanding of the lawyer's liability insurance.The second chapter displays the implement background and pattern of China's lawyer liability insurance through the data and forms intuitively,preparing for the following study of the deficiencies and improvement of China's lawyer liability insurance.The third chapter discusses the deficiency of lawyer's liability insurance in our country,pointing out 2 problems of China's current lawyer liability insurance system.The first one is the failure to form a complete legislative system,and the second is the popularity of mandatory insurance is not in line with our current lawyer system,which would be further analyzed in the following content.The last chapter proposes solutions to the above problems,trying to find a solution suitable for our national conditions by comparing the practice of overseas outstanding legislation.For example,China should marketize the lawyer's liability insurance,abolish the out-of-date law,establish a complete lawyer's liability insurance system and so on.