The Difficult Position And Breakthrough Of The Contingent Fee Of Criminal Lawyer

As a general and hidden existence after the marketization of the legal practice,the contingent fee of criminal lawyers conflicts with the attitude of strict prohibition in the legislation.The attitude of the Chinese and foreign legislation to prohibit the risk agent fee of criminal lawyers has not changed for a long time,but the attitude of the academic circles to prohibit the risk agent fee of criminal lawyers is not uniform,and there are a few different voices.The current legislation and the mainstream academic point of view that the widespread existence of risk charges in practice,although the use of “Hanging sheep to sell dog meat” to deal with the technical form of illegal issues,but the underlying moral hazard remains unresolved.In my opinion,the legislation and the mainstream academic opinions have some rationality to the consideration of the risk-agent fee of criminal lawyers,but the practice of completely forbidding criminal lawyers to conduct risk-agent fee has deviated from the reality of criminal-agent fee.Firstly,the widespread phenomenon of criminal risk contingent fee practice proves that there is a market demand for risk contingent fees of criminal lawyers,secondly,the long-term stagnation of academic development can not keep up with the changes in practice;Third,the moderate opening of the risk agent fees of criminal lawyers can ease the contradiction between legislation and practice.The analysis of the reasons why the legislation forbids criminal lawyers to charge risk contingent fees can make up for the lack of theoretical research in academic circles,but from the existing fee system to seek a moderate breakthrough in the risk of criminal lawyers agent fee can solve the legislative prohibition brought about by the reality of the plight.In addition to the introduction and the remainder,this thesis is divided into three chapters:The second chapter combs the domestic and foreign laws and regulations of prohibiting the risk agent fee,based on the practical experience of risk agent,summarizes the typical types of risk agent.The third chapter discusses the value of legislation to prohibit the risk of criminal lawyers contingent fees,explaining the urgent need to liberalize the practical significance of the risk of criminal lawyers contingent fees.The fourth chapter analyzes the necessity of the moderate breakthrough of the risk-agent fee,defines the scope of the risk-agent,and constructs the normative mechanism of the value conflict of the risk-agent fee.Firstly,it analyzes the realistic need and positive effect of the moderate breakthrough,and then defines the applicable boundary of the risk contingent fee for criminal lawyers,and then provides the practice guidance for the application of the risk contingent fee for criminal lawyers.Maintaining the legal rights and interests of criminal suspects and defendants is the most important part of criminal defense,and the construction of the charge system of criminal lawyers in our country is still in the primary stage,neither the theoretical nor the practical circles pay much attention to the standard of criminal lawyers’ contingent fees,let alone the possibility of the application of criminal lawyers’ risk contingent fees.However,the construction of a country ruled by law and the development of entrustment defense in practice can not be separated from the construction of the lawyer fee system.Therefore,in the last part,the author also emphasizes the importance of making clear the reasons for prohibiting the risk of criminal lawyers,and the need to break through the risk of criminal lawyers.In addition,it also explains the topics that are not detailed in this paper and the problems that the author has not solved in this paper.I hope this article can play a positive role in protecting the rights and interests of criminal attorney,and also provide some reference value for the study of criminal attorney’s risk contingent fee.