Chinese lawyers individual business issues

The opening of individual lawyers are lawyers one of the basic economic freedom, but in the world, lawyers in the practice of the organization in the form of lack of individual lawyers opened this form, although we can not say that China is unique, but can also confirm that China a very small number of countries. When the Chinese legal profession is in the scale of the noisy and restless time, the overwhelming majority of people have forgotten the rational development of its own lawyers to explore the inherent laws, opening the voice of the individual lawyers were flooded in the scale of the wave. Based on the study countries in the world body form of lawyers, on the basis of individual lawyers to explore the root causes of business in China and the need for lawyers at the same time opening the possibility of individual attention, hoping to hasten the opening of Chinese lawyers individual legislation And the birth of the system.







First, the individual lawyers in the business world and with the status quo in the existence of the root causes

Bar is open from individual solicitor of the natural or solicitor licensed lawyers in their personal investment in the establishment of a separate, independent accounting, self-financing, and all personal property to its commitment to unlimited liability lawyers institutions. Individual business lawyer is a lawyer practising forms of organized original state, is a lawyer system has produced since the spontaneous formation of a existence. Despite the various countries or regions of the Law Society of the conditions of individual business requirements vary, but this practice is to form the overwhelming majority of countries and regions recognized by lawyers and generally adopted. However, human development has produced many of the achievements of civilization is not rational from the pre-designed, but depends on evolution of human society in the course of the spontaneous formation of the natural order. Individual lawyers forms of business organization formed in a variety of factors working together and spontaneously formed, and these include both external factors such as freedom of tradition, political system framework, the rule of law and market economy development and so on, as well as individual lawyers This form of opening their own inherent attributes and personality traits. We might not be entirely sure way to the superiority of this practice, but also no reason to deny the existence of reasonable, the most important thing is that this form adapted to the practice in their countries and regions, social development and progress of civilization needs. Well, lawyers opened the rationality of the individual that is the root of its existence in what is »

First, individual lawyers opened in the presence of lawyers from their own independent work patterns.

I have "the freedom of lawyers" a paper, summed up as the independence of lawyers, lawyers attribute the decision and the rule of law for the performance required by the spirit of independence, independent thinking, independent, independent of the characteristics of responsibility . This is a lawyer with the characteristics of the whole, regardless of the form of individual lawyers or business partner organizations, resulting in this paper, the independent counsel's work patterns have close ties and have significantly different. Contact the independent counsel's work pattern is established on the basis of the independence of lawyers, and the difference is the work of independent lawyers is a form of the working methods of the external appearance, that is an individual lawyers can rely on the law given itself the right abilities and capacities Complete independence of the legal services needs of the community, and in the name of the individual able to bear the legal responsibility of an independent state, while the independence of a personal, disposable, not affiliated with any of earning the economic or social organizations. If an individual lawyers have such a state of individual lawyers with the opening on the premise that this is the main lawyer individual operating conditions of the request.

Secondly, the individual lawyers opened in the presence of lawyers from the legal services provided personalized products.

In real life, lawyers for the community to provide legal services in almost every one product with all the obvious characteristics of personality, especially when the individual lawyers formed a unique personality characteristics, services provided by lawyers on the product is no longer a Not the type of personality, but as of the existence of specific social needs are often looking for is a specific provision of legal services lawyers, even the partnership of lawyers or a higher form of the practice bodies can not shake off the individual services lawyers This brand products. Lawyers to provide legal services to the personality of the product caused a direct result of the formation of the legal services market segmentation and refinement, while lawyers for the individual to create the possibility of opening. The world does not exist almost no personality of legal services products, even if a lawyer is incompetent, incapable This is also the characteristics of lawyers, legal services only to the specific needs of the ultimate decision-making power, the right to choose a legal services market and the market Consumer groups. It can be said that, although the characteristics of individual lawyers are not the essence of nature, the nature of individual lawyers are born, is innate.

Third, opening the existence of individual lawyers from the Law Society in market demand and the individual services to meet market demand between the mutual fit.

This should be a relatively simple reason, if the community on the legal existence of the demand for services, not just a lawyer is completed, then the individual lawyers opened on the basis of lost there. However, the development of history and reality of the demand for legal services is not the case. From a historical point of view, countries in the world early in the form of practising lawyers are lawyers personal business in the United States, the late 19th century, with the non-litigation legal services to promote the development of the lawyer's portfolio, and since ancient times so far, the vast majority of The law needs to rely on individual lawyers are able to complete the independent This shows the development of history facts have proven that the individual business lawyers have profound social basis.

Finally, opening the existence of individual lawyers also derived from individual lawyers to meet the market demand for the type of stability.

On the one hand, society does not have to be completed by the Law Society of the individual and independent legal services needs of individual practitioners will not have the space, on the other hand, if this can be completed by the independent counsel individual needs of a chance the state, then Individual lawyers can not be sustained opening time of it. However, since the existence of its own lawyers, in a long historical period, at least in the 19th century before the time, the individual needs of the legal services lawyer is the stability, partnership and even the form of higher institutions have lawyers , The legal services market demand due to the complexity of the multilevel nature of the role of lawyers individual business remain strong vitality.

Through the above analysis, we can find, lawyers opened the root cause of the individual from the above four links up of mutual relations between the intrinsic logic, Central interlocking, one can not do. Analysis of individual lawyers and streamline the root cause of the purpose of opening there is a lawyer in order to develop their own understanding of some of the laws, lawyers for the individual business in China to promote a comprehensive search for a theoretical basis, so that the development of Chinese lawyers more in line with historical logic.

Second, the opening of individual lawyers in the necessity and significance of China

In my opinion, and the corresponding need to be in real life is urgently needed to solve the problem, otherwise we will lose the necessity of the foundation. There's a reason why things are the things to solve the existence of a reasonable question, but in real life by the urgent need to resolve the issue of the need to belong to the problem, which is why in this paper the author will be the opening of individual lawyers with the causes of individual lawyers opened On the need for separate reasons. Well, Chinese lawyers Where the need for individual business in » Chinese lawyers to open individual solution to the current lawyer system in the process of running what it »

First, individual lawyers can be opened from the fundamental solution to the question of attribution lawyers.

The so-called lawyers refers to the attribution of practising lawyers and their bodies to confirm their relationship. This practice regardless of the organizational form of how lawyers are practising lawyers should always be to work on behalf of institutions, this is all lawyers in the system of general practice. I come to open individual lawyers can fundamentally solve the problem of the ownership of lawyers this conclusion is derived from the existing system of lawyers in the course of running a situation may arise in the assumptions, although this situation will be defined as a hypothetical, but such assumptions The situation has always exist in reality.

Assume that a lawyer was all the law firms employed or do not want the door for any one firm, then that the way out where lawyers » Of course, in the current activities of lawyers from the practice of geographical constraints, the possibility of this happening very small, but highly unlikely does not mean that necessarily will not happen. In this case, lawyers on the individual business to provide the final means of relief. Lawyers are lawyers the right to life, if not individual lawyers to practise as a lawyer opened the final protection, it is deprived of a lawyer's right to exist. Individual lawyers and the current lack of form of business organization of the system design is not self-serving disadvantaged people, the lawyers economic freedom deprivation. Individual lawyers operating system can be established to fundamentally eliminate contradictions in the existing system so that lawyers must be owned.

Secondly, the opening of individual lawyers can effectively address some of the economic underdevelopment and remote areas, not lawyers or the lack of the status quo.

August 25, 2005, the NPC Standing Committee Gu Xiulian, vice chairman of the 10th to the 17th meeting of the NPC Standing Committee for the report, for law enforcement inspection team of the NPC Standing Committee inspection of the implementation of the Law Society pointed out that with the world Compared to other countries, China's small number of lawyers, more than half of the lawyers concentrated in major cities and coastal areas in the east, Guangdong, Beijing in the number of lawyers around 000 people, and the 12 western provinces, autonomous regions, but the total number of Bar of the City of 24,000 people At present there are 206 counties nationwide without a lawyer. If the lawyers to resolve individual lawyers opened the question of attribution is based on a logical assumption, then the individual lawyers can solve some of the economic opening in underdeveloped and remote areas, not lawyers or the lack of an iron Zheng-Zheng is based on reality. The author in 2000 in one county of Heyuan in Guangdong for a second trial in criminal cases, the first trial defence lawyers in order to understand the case, visit a law firm in which they are, in this county that they only one firm, a total of four lawyers , Then set up a law firm in order to comply with the law before the number of combinations together, the parties have the same case can only went to the other Representative Is Appointed to the county, city commission to lawyers, lawyers not only affect their business income, but also greatly increase The burden of the parties. By 2005 if we check the "Guangdong law firms, lawyers notice Manual", we can still find this county in the absence of any change. If the legal provisions of the Law Society of individual business forms of organization, then this situation will not happen, still this county as an example, this county can have up to four law firms, all problems can be solved by. I hope that the Chinese rejection of individual lawyers opened an early end to the history.

Third, individual lawyers can resolve the current business partner in the law firm of the issue and realize the true sense of partnership, improvement and development of partnership law firm forms of organization and operation mechanism.

A few even most of the law firm partnership is not built on the establishment of a person on the basis of the legal profession is not out of the areas of complementarity and mutual support, but due to the establishment of a partnership by the laws and regulations, rules and regulations of the department Partnership to reduce the number of limited practice and the reality of the cost pressure from the combination together. This partnership is entitled to go it alone situation, a Chinese lawyers sector is a major landscape "Bianluan," the firm Cixiaobichang forces, the balance of forces once they are broken, the situation will inevitably collapse, rising star They Jieganerqi, transform the first king of the city flag. After a new round of the portfolio again, in the absence of common values of the inhuman circumstances of the partners of law firms will inevitably follow the pre-Zhe, many in this partnership is a sub-sub-a vicious circle In the cycle. I had witnessed and experienced several times this process, experience Poshen. But if we can allow the individual lawyers in the form of business, then this situation will not Fenfenhege extinct, but they can certainly be greatly reduced, the individual experience of the portfolio after the opening partnership is possible only by a common values The combination, a combination of common interests, a business, professional complementary mix, because when a partner is no longer under the legal provisions on the mandatory number of partners, and really become a voluntary Mutual choice, which is opening in order to avoid defects and shortcomings of individual choice. Only on this premise, the true sense of partnership can continue to appear, by the scale can also emerged.

Finally, lawyers also the necessity of opening the individual is, can effectively solve the lawyers and legal services market in the conflict between supply and demand. Legal services market for legal services and social needs of the final decision of the lawyers practising forms of organization, the author in this respect fully agree with Professor Wu Sheng chapter on the opening of individual lawyers to meet the community at various levels, many of the demand for legal services lawyers point of view. Market and the demand is the ultimate determining factor, and the prohibition of individual lawyers opened, in fact artificially fragmented market of lawyers and direct contact, do not meet the law of market economy, but also with the international situation prevailing on the contrary. If I said before, the three discussed by the need to resolve the contradictions within the legal profession, lawyers and legal services to resolve the conflict between supply and demand market is in coordinating the relationship between lawyers and the outside world, a lawyer and social harmony, this is a lawyer Individual business need for many the starting point and destination.

Lawyer is a lawyer's opening individual economic freedom, I believe that Chinese lawyers economic freedom first and foremost task is to allow individual lawyers opened their own decision if the lawyers can not practice their own form of the structure, then the economic freedom of lawyers is impossible, but "not Economic freedom, personal and political freedom must not exist. " It is no exaggeration to say that opening to allow lawyers to practise forms of individual existence, Chinese lawyers should be resumed so far the most important one the most far-reaching reforms, will enable the Chinese lawyers in the economic liberation, Chinese lawyers will open a new chapter in history, It will, as the 1980s, the reform of China's rural areas Baochandaohu as far-reaching significance, lawyers sector caused a series of profound changes, such as the management system of lawyers, lawyers geographical imbalance in development, the blind lawyer mobility, and so on, the most important Will be greatly mobilize the enthusiasm of the broad masses of lawyers so that lawyers can Baigezhengliu, 1000-fan competing.

Wrote here, let us pause to look back on my section of the rule of law in the process of the past.

May 19, 1983 the Ministry of Justice had "lawyers can serve as the legal adviser of individual industrial and commercial households" to the Hubei Provincial Department of Justice a reply, which reads as follows, "Towns individual industrial and commercial economy is a socialist economy an integral part of the Law Society Candidates as the legal adviser of individual industrial and commercial households, according to the law to resolve individual industrial and commercial economy and individual industrial and commercial economy and the whole people of economic, legal issues between the collectively owned economy, individual industrial and commercial households to protect the legitimate rights and interests, this is in line with the Constitution, 'the protection of individual countries The legitimate economic rights and interests' requirements. Therefore, the trial lawyers for the Legal Adviser of the individual industrial and commercial households, but not to promote this area and that summed up the experience but in the "Interim Regulations on the lawyers" not to add, edit before And should not be open propaganda. "This is already the dust-laden memory, but this text is read the impression that heavy, depressed, and even people Pusu tears. The human rights are not natural for all, the concept of equality is not inborn, constitutional rights sometimes need to be approved, but the Castle Peak Zhebu Zhu, after all, east to today when lawyers would like to do individual practitioners, the author This is to review the events of the past with us, is to give us more attention to our own, because it is our freedom and our rights.

Third, lawyers and individual operating the existing system of the China Law Society of conflict and balance

Individual lawyers operating system there are lawyers decided by the development of this form has been missing in China's own development of Chinese lawyers are not suited to the needs and the requirements of the rule of law, therefore, modify the "lawyer" and its supporting laws and regulations , Departmental regulations, established by law in the form of individual lawyers practising lawyers opened this form of organization it is imperative. However, this system will establish the structure, concepts, management systems and other aspects of the current lawyer system caused unprecedented impact, thereby, including legislators, the managers of the legal profession, the existing system in the different legal status The lawyers, they should do a good job in terms of ideology, system and management of preparation, in order to obtain individual lawyers after the opening of Chinese lawyers and the existing institutional conflict in the balance.

First, we should update their concepts, individual lawyers will be opened as a lawyer practising in the organizational form of an equal, not in terms of opening additional unnecessary restrictions, the lawyers organizations form the type of discrimination.

As early as May 9, 1995 Eighth Guangdong Provincial People's Congress Standing Committee passed the 15th session of the "practice of the Law Society of Guangdong Province," he provisions of Article 7 of the opening of an individual can make an application to establish firm, Did not raise any additional restrictions on June 27, 1996 the first session of Hainan Provincial People's Congress Standing Committee adopted 23 meeting of the "Hainan Special Economic Zone lawyers of the" Article 15, Article 16 also stipulates that the individual can set up Law firms, in addition to apply to set up individual lawyers should have more than three years of practice experience this condition limitations, and no other additional conditions. Tan Zhi 10 years, then look at these requirements, yet still a good system, but such a system was no continuation.

By contrast, in 2002 the Beijing Municipal Bureau of Justice's "personal business law firm in Beijing pilot approach", opened on the conditions of individual lawyers has increased the number of unreasonable restrictions to be improved and perfected.

The second is to revise Lawyer Law established practice of opening the form of individual lawyers legal status on the basis of the establishment and improvement of individual lawyers opened the establishment, management laws and regulations, the department regulations.

Individual lawyers opening of the current organizational structure of the impact of lawyers, the most serious I am afraid I must count on the existing partnership law firms impact. Most likely the case is that the liberation of the lawyers have an independent business, the partnership will be sharp drop in the number of lawyers, some of the partners may also be disintegrated, and the size of this bubble may burst. If such a situation is that the existing system is unstable, is not consistent with human nature, the system is imposed on the lawyers. But at the same time I believe that the current quality of lawyers, legal services to meet the needs of the target market, avoid the impact of partnership law firms, and other factors to consider too large, individual lawyers should be opened gradually liberalized, as the United States, as solicitor in Hong Kong Individual practitioners in China can not work. The original "Hainan Special Economic Zone of the lawyers" and "personal business law firm in Beijing pilot approach" of some of the provisions can be used as reference. Such as by providing counsel in a certain period of practice before opening to allow individuals to steadily promote the development of the individual, this partnership can be avoided in the law firm plunged, the most fundamental is to ensure that individual lawyers after the opening to the community to provide legal The quality of services. Also in Beijing to pilot the operation of individual provisions of the law firm applicants should have a local household registration and have a fixed residence is also worthy of reference on the grounds that lawyers individual business needs of all personal property to assume unlimited liability, Protect the vital interests of clients and the China Law Society of Professional Ethics of the status quo, at this stage that similar provisions are very necessary. In addition, I think it could be in for another three ways on certain individual lawyers try to alleviate the opening partnership law firms on the impact.

One way is to establish a restricted partnership law firms in the partnership lawyer for individual practitioners into the operating mechanism, so as to strengthen the existing partnership structure of law firms, some partners to avoid the disintegration of law firms. Another way is to amend the existing "partnership law firm management approach" to reduce the establishment of partnership law firms in terms of the number of partners for at least three of the restrictions, three were revised to 2; reduce the required law firms to set up The amount of assets, more than 10 yuan RMB will be revised to 30,000 yuan, so the one hand, promote individual practitioners to the partnership system into the law firm, on the other hand can also reduce the partnership law firms disintegration of the risk. At the same time can also access the international law firm partnership on the number of the provisions and corporate assets in the form of a partnership on the number of the requirements of the assets of coordination. The third way is for lawyers individual business start-up in the seat of the opening practice time have a clear minimum age limit. In short, all these methods are designed to lawyers after the opening of individual and partnership firms to reach a balance, so as to help Chinese lawyers to the healthy development of the cause.

The third is to change the current management thinking of lawyers and management models.

Over the years, individual lawyers have been obstructed opening a major reason is that lawyers do not manage individual business. From the fact itself is the case. Permit a lawyer to the individual business has increased the complexity of management, not only management but also to the three-dimensional depth development, the existing management structure of the impact lawyers can well be imagined. Since the whole business of the individual lawyers practising forms still in the exploratory stage, the pilot of the individual law firms are more subject to the unreasonable restrictions the situation, and thus the true sense of individual and business lawyers will inevitably there are gaps in the pilot summed up in the individual Bar management experience is questionable. But I believe that the maturity of the management of lawyers through the individual lawyers to complete the self-discipline, the autonomy of the legal profession, lawyers should be the autonomy of the individual lawyers after opening the form of general counsel management of the theme, the management should also be the focus for change Ensure that the practice of environmental lawyers, and in the actual management of the narrow space management, so as to ensure that lawyers, regardless of a partnership or individual, company or the public, free and independent to carry out their duties and realize the value of its own lawyers .