Legal Regulation Of Lawyer Industry Competition

The modern legal system of our country originated in the earliest period of revision of the law in the late Qing Dynasty.The establishment of new China and the establishment of our socialist lawyer system solved the problem of our country’s lawyer system from scratch.Since the reform and opening up,China’s lawyer industry has ushered in new development.However,with the rapid development of China’s lawyer industry,problems such as the chaotic market competition order,uneven levels of legal services,and frequent acts of unfair competition have gradually arisen.The existence of these deficiencies prevents the social intermediary service function of China’s lawyer industry from being well exerted,the industry’s competitive environment is deteriorating,and it is unable to keep up with the rapidly changing international legal service market in a timely manner,which is not conducive to the implementation of China’s strategy of governing the country by law.Therefore,this article intends to start from the competition status,existing problems,causes,and the improvement of regulations in China’s lawyer industry.This article analyzes the phenomenon that China’s lawyer industry disrupts normal competition and draws on the relevant experience of foreign lawyer industry competition regulations.Suggestions on the improvement of the legal chaos in China’s lawyer industry to ensure the healthy,stable development and international competitiveness of China’s lawyer industry.The body of this article,except for the introduction and conclusion,is divided into four parts:The first part discusses the basic issues of China’s lawyer industry.Starting from the concept of a law firm,the non-profit nature of the law firm and its eligibility as the subject of economic law are discussed.At the same time,compare the development status of China’s lawyer industry with the development status of the United States and Britain’s lawyer industry,and find the deficiencies in the development of China’s lawyer industry.Lack of large multinational law firms and frequent disruption of the industry’s normal competition.This article demonstrates the necessity of competition regulation in China’s lawyer industry and sorts out and distinguishes different phenomena that disrupt normal competition.This article divides the irregular competition in the lawyer industry into three categories: restricted competition,unfair competition,and monopoly.The second part analyzes the problem of restricting competition in China’s lawyer industry.By enumerating the forms of restricting competition,it is concluded that the restricting competition in China’s lawyer industry is mainly concentrated in the government and its departments’ restricting competition,collusion in bidding and other aspects.At the same time,through case analysis to find out the reasons and harms of the phenomenon of restricting competition in China’s lawyer industry,and find out that the relevant regulations in China’s current law industry’s restricting competition are incomplete and the cost of illegal crimes is low.It explores to reduce the harm caused by the phenomenon of restricting competition to the development of China’s lawyer industry.The third part mainly analyzes the problem of unfair competition in China’s lawyer industry.This article summarizes the common forms of unfair competition in China’s lawyer industry and explores the reasons for it by sorting out the common unfair competition in the lawyer industry.After a comparative analysis of the legal regulations governing unfair competition in the legal professions in the United States,Germany,and China,this paper argues that it is necessary to improve the restrictions on the entry of legal personnel of departing judicial agencies,regulate the advertising practices of law firms and lawyers,and further protect conflicts of interest.The four aspects of the rights of the Chinese client and reducing the occurrence of vicious price competition in the industry are to regulate the unfair competition in China’s lawyer industry.The fourth part mainly analyzes the monopoly of China’s lawyer industry.This chapter first analyzes the relationship between monopoly and restricting competition.Starting from the existing monopoly phenomenon in China’s lawyer industry,it analyzes the branch system and the cross-border mergers of law firms in the legal industry monopoly,and discusses the legal monopoly of lawyers’ business.problem.It is suggested that the prevention and legislative improvement of the industry association’s self-regulatory and anti-monopoly law enforcement agencies should be carried out in advance,and the post-remedy methods such as the increase of civil compensation systems should be used to regulate the monopoly behavior of China’s lawyer industry.Compared with countries with more developed western rule of law,China ’s lawyer industry started late,the legal service market is still immature,and abnormal competition occurs from time to time.The legal regulations of the legal service market are still being explored and improved.Regarding the improvement of the system that disrupts the normal competition phenomenon in the legal service market,although foreign mature regulatory experience in this area can be used as a reference,in practice,it must be combined with China ’s actual national conditions in order to avoid consequences that deviate from the actual situation.