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Research On The Structure Of Corporate Governance Mechanism Of Chinese Law Firms

Posted on:2021-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y F YangFull Text:PDF
GTID:2506306113958999Subject:Science of Law
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The professional role and functional orientation of lawyers are directly related to the degree of civilization of the rule of law in the country,which is widely recognized by the international community.In the context of internationalization,with the intensification and escalation of International Trade Friction,the international environment is facing the change from global economic integration to de-globalization and decentralization,how to improve the international competitiveness of China’s law firms is an extremely urgent issue.In the context of China’s rule of law,China’s lawyer system is an important part of China’s judicial system,the lawyer team is an important force in China’s rule of law,how to deepen the reform of the lawyer system and strengthen the construction of the lawyer team is one of the key contents of the judicial reform in China.In recent years,the phenomenon of the law firm suffering from compensation frequently appears,which causes the law firm to be destroyed.This kind of phenomenon proves that the unlimited liability of law firm and lawyer in our country aggravates the lawyer’s practice risk.Through a comparative study of the Organizational Forms of law firms at home and abroad,the author finds that China has not set up the corporate system of law firms,so the corporate law firms in China are still vacant,as a result,the organization form of our country’s law firms is not perfect and perfect,and can’t be fully integrated with the international practice.In order to break through the bottleneck of the system of our country’s law firms,and in order to improve the international competitiveness of our country’s law firms,the author advocates that the corporate governance of our country’s law firms,namely,under the mechanism and framework of the corporate system,adopt the modern company’s management pattern to carry on the management.The author demonstrates that the limited liability company is the ideal model of China’s corporate law firms,and puts forward constructive ideas on its mechanism structure and governance approach.Based on the above ideas,the paper is divided into five parts in content and structure,including introduction:The first part is the introduction,combined with the trend of international competition of law firms,taking the comparison of the organizational forms of law firms at home and abroad as the starting point,it puts forward the mechanism structure of China’s corporate law firms,and combs the literature,lay a foundation for the research of the paper.The second part is the comparison of the organization forms of domestic and foreign law firms.Through a comparative study of the Organizational Forms of law firms at home and abroad,this paper makes clear the diversified development trend of the organizational forms of law firms,and points out the loopholes in the organizational forms of law firms in China on the company system.The third part is the corporate system reform of China’s law firms under the new situation.Under the international context of de-globalization and the background of rule of law in our country,this paper analyzes the necessity of establishing corporate law firms in our country from the current situation of the development of law firms in our country and the phenomenon of law firms being sued repeatedly.The fourth part is the theoretical basis and institutional advantages of corporate law firms.Mainly taking the natural mobility of capital and the limited liability system of the company as the internal cause,and taking the impetus of the MDP model of the legal profession as the external cause,to explore the theoretical basis of corporate law firms,then from the practice experience and effectiveness of foreign corporate law firms,analyze the institutional advantages of corporate law firms.The fifth part is the basic conception of China’s corporate law firms.Following closely the relevant provisions of the "Hainan Special Economic Zone Lawyers Regulation" on the proposed corporate law firms,it is demonstrated that the ideal model of corporate law firms in China is a limited liability company,and put forward the concrete conception to its system design and management way,advocate to use the modern company’s management mode,introduce the professional manager management system,at the same time use the internet,artificial intelligence and law science and technology,building an intelligent and platform-based international institute.On the basis of previous studies,the author,standing in the capital dimension,demonstrates the positive significance of the diversification of investment subject to the internationalization development of China’s law firms from the "two-combination" of the company and the "three-dimensional" of the capital,as a little bit of an innovation.The significance of this paper is to put forward constructive ideas for the establishment of corporate law firms in China.
Keywords/Search Tags:A law firm, Corporate governance mechanism, Diversification of investors, Internationalization
PDF Full Text Request
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