Thesis About The Lawyer Reparation System In Taking Charge Of Job

The lawyer taking charge of job reparation system is a important component of the lawyer system in our country .It refers one kind of civil liability that a lawyer ought to carry out paying for because fault brings about loss for interested party in taking charge of job process. There exists various different viewpoint in educational circles about lawyer liability for damages of Character , formation and imputation. This thesis has been expounded the necessity of founding a lawyer reparation system in taking charge of job. And it has been tentatived plan from that how perfect aspect comply with. The thesis is seven chapters together mark.The first chapters are summaries. The author thinks that the character of the system is one kind of expert type increasing weight damages liability by analysing academic circles's different viewpoint. It has three characteristics:the premise of the system is the entrusting contract between consignor and law office, the entrusted lawyer broughts about loss to the interested party in taking charge of job, the law office is the main liability body for damages duty.The second chapters are the introduction of this system abroad, including USA , France , United Kingdom , Germany , Japan and Hong Kong area ,about its evolution and current situation and characteristic.The third chapters have discussed the necessity building this system in our country. The first cause is the objective requirement developing our country lawyer system. The secong cause is the benefit need defending interested party. The third cause is the benefit need promoting lawyer job all-round development. The forth cause is the benefit need consummatesing our country legal system. The fifth cause is the benefit need accelerating our country lawyer system to receive a track between nations.The fourth chapters have been discussed its formation. Its main body includes the duty main body and a subject of right. It has four composing element: the lawyer who has beeing holding job,there exists fault in lawyer's behavior,the existence of damage fact,there exists cause and effect concerns between lawyer's behavior and loss of the interested party.The fifth chapters have been explained its applicability. The first is the behavior exceeding self s power acting for. The second is the behavior exceeding limitation of legal proceedings. The third is the lawyer hasent collected the evidence ought to collect. The forth is the lawyer has losed and damaged important evidence. The fifth is a lawyer refuses to do self's duty for no reason. The sixth is a lawyer has disclosed a secret or private interests.The sixth chapters have explained the escape clause. It mainly includs the following circumstance: act of providence, consignor's fault and the third people' fault.The seventh chapters have given an account of the idea perfecting this system. The first is the current situation about this system in our country. The second is the tentative plan perfecting legislation aspect. The third is the tentative plan perfecting the fund and insurance system aspect. The last is the tentative plan to keep watch the machine-made free from risk.