论律师的专家民事责任
发布时间：2018-10-05 09:35
【摘要】：在现代社会,知识结构越来越趋于专业化,进入任何一个专业领域都需要掌握特有的知识和技能。基于自己的知识、能力的有限性及专业化分工的密切性,人们在处理事务时对专家的信赖和期望值提高,专家滥用信赖的可能性加大,随之专家责任产生了。律师专家民事责任是专家民事责任的一种表现,我国目前已基本具备了律师专家责任制度的雏形,但相关规定仍存在着一定的缺陷:立法规定的不一致,部分问题尚未明确界定,相关的一般理论未能得到充分彻底地阐述和论证,实践中出现不少问题。委托人或第三人的利益保护问题在当下信息不对称的背景下显得尤为突出,各国通过各种形式对其损害予以救济,取得了很不错的成效,值得我国借鉴。特别是对风险加以限制和转移的做法,从而既保护了当事人的合法权益,又维系了律师的执业热情,促进律师行业的整体发展,达到各方利益的最佳状态。本文借鉴两大法系的立法司法经验和相关的基本理论,立足于前辈的研究成果,对这一问题作更为细致的研究和分析,以期待对我国律师专家民事责任制度的建立和完善有所裨益。
[Abstract]:In modern society, knowledge structure is becoming more and more specialized. Based on their own knowledge, limited ability and the close specialization of division of labor, the trust and expectation of experts in dealing with affairs have been improved, the possibility of abuse of trust by experts has been increased, and the responsibility of experts has come into being. The civil liability of lawyer expert is a kind of manifestation of expert civil liability. At present, our country has basically possessed the rudiments of lawyer expert liability system, but there are still some defects in the relevant provisions: the legislative provisions are inconsistent. Some problems have not been clearly defined, the related general theory has not been fully and thoroughly expounded and demonstrated, and there are many problems in practice. The protection of the interests of the principal or the third party is particularly prominent under the background of the information asymmetry at present. Various countries have made good results to remedy the damage through various forms, which is worthy of our country to learn from. Especially, the practice of limiting and transferring risks not only protects the legitimate rights and interests of the parties, but also maintains the lawyer's practice enthusiasm, promotes the overall development of the lawyer industry, and achieves the best state of the interests of all parties. This paper draws lessons from the legislative and judicial experience of the two legal systems and relevant basic theories, based on the research results of the predecessors, and makes a more detailed study and analysis of this issue. It is beneficial to the establishment and perfection of the civil liability system of lawyers and experts in China.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923;D926.5
本文编号：2252882
[Abstract]:In modern society, knowledge structure is becoming more and more specialized. Based on their own knowledge, limited ability and the close specialization of division of labor, the trust and expectation of experts in dealing with affairs have been improved, the possibility of abuse of trust by experts has been increased, and the responsibility of experts has come into being. The civil liability of lawyer expert is a kind of manifestation of expert civil liability. At present, our country has basically possessed the rudiments of lawyer expert liability system, but there are still some defects in the relevant provisions: the legislative provisions are inconsistent. Some problems have not been clearly defined, the related general theory has not been fully and thoroughly expounded and demonstrated, and there are many problems in practice. The protection of the interests of the principal or the third party is particularly prominent under the background of the information asymmetry at present. Various countries have made good results to remedy the damage through various forms, which is worthy of our country to learn from. Especially, the practice of limiting and transferring risks not only protects the legitimate rights and interests of the parties, but also maintains the lawyer's practice enthusiasm, promotes the overall development of the lawyer industry, and achieves the best state of the interests of all parties. This paper draws lessons from the legislative and judicial experience of the two legal systems and relevant basic theories, based on the research results of the predecessors, and makes a more detailed study and analysis of this issue. It is beneficial to the establishment and perfection of the civil liability system of lawyers and experts in China.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923;D926.5
【参考文献】
相关硕士学位论文 前1条
1 姚锋;律师专家责任研究[D];湖南大学;2005年
，本文编号：2252882
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