我國(guó)律師民事訴訟代理收費(fèi)制度研究.pdf

1、湘潭大學(xué)碩士學(xué)位論文我國(guó)律師民事訴訟代理收費(fèi)制度研究姓名：李佳申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：訴訟法學(xué)指導(dǎo)教師：張立平20080603IIAbstract Along with China's Justice system reform in civil procedure, more and more litigation obligations and responsibilities were transferred to the

2、 parties from the judges. In order to recover, the demand for lawyer litigation legal services is increasing in Anti-mode system of litigation. Therefore, the agent fees system for civil lawyer will be close to justice.

3、To allow more ordinary people to afford lawyers, the Government Agents regulate the special regulatory document and implement Zhidao Jia. However, the nature of lawyer agent fees belongs to civil contract. The reasonable

4、 fee system should connect with “protecting the parties closer to justice”, “bar the ease of access”, “the nature of civil agency fees”, “the current situation of national income” and “state property”. Therefore, China&#

5、39;s current system of civil litigation agent fees exist a number of questions. Firstly, the norm-enacting authority is unconstitutional. Secondly, the implementation of the civil agent fees Zhidao Jia is unreasonable. T

6、hirdly, there exists contradiction between the unity of lawyers' qualification in regions and the differences of specific charges in regions. Finally, because the courts themselves are also the subjects of interests

7、in proceedings, so the controversy of litigation costs should not be judged by courts. It can perfect China's lawyer agent fee system from some aspects below. There are three main principles should be established, wh

8、ich are “paid services“, “unity of principle and flexibility“ and “reunification of charging“ in the system of agent fees. When we agree to the number of the agent fees, there are some elements we should refer to, such a

9、s “the time spent and paid workforce”, “the difficulty of legal affairs”, “the subject of litigation”, “trial results” and “l(fā)awyer's experience and reputation”. As for the method of the pricing charges, “time charges

10、”, “piece charges”, “proportion of charges” and “risk agency” should be all allowed in all civil litigations. “The nomination fees“ and “the intermediate cost“ are harmful to lawyers, so they need to be prohibited. Since

11、 China does not provide for “mandatory agent system” and “the system of losing party paying the agent fees for winning party”, so we need not establish the evaluation system of the agent fees. Moreover, in order to judge

12、 the dispute about the agent fees justly, the tribunal must include lawyer, judge and administrative officer. Finally, in order to make people close to justice, government should increase investment in legal aid, and est