Research On Lawyers' Practice Conflict Of Interest Rules In China

In the field of lawyers' practice discipline and professional ethics,lawyers' practice conflicts of interest have been the disciplinary offence which is always quite controversial,complicated and difficult to study and judge.Since China's lawyer system was set up more than 30 years ago,the lawyer team has been growing,and the scale of law firms has been developing rapidly,which results in that the lawyers and law firms practicing conflicts of interest risk rose accordingly.At the same time because the social public opinion and negative evaluation,both of which the conflicts of interest give rise to,have influenced the lawyers,law firms,the effect and even the whole lawyer industry a lot.Hence,how to reasonably regulate the behavior of a lawyers' practice to reduce the incidence of conflicts of interest has become a problem which needs to solve urgently in the lawyer profession and even the entire legal community in China.This paper makes a carding,comparison and analysis of the practice conflicts of interest rules of the current laws and regulations and industry rules,trying to find the important issues who have commonness but have been neglected between the laws and regulations and industry rules.At the same time,this paper makes an analysis and comparison of the definition of “a lawyer's practice conflict of interest" in the tier of theory,under the major premise that a lawyer's conflict of interest is defied based on the existing rules,balance theory in order to form the definition of the conflict of interest rules which could balance theory to the largest extent and fit into existing rules.On the basis of sufficient cognition of conflict of interest,this paper particularly expounds main content,which principles of conflict of interest should have,and the necessity to formulate principle provisions.