律师行业发展之制度瓶颈——论我国律师事务所的组织形式

The System Bottleneck in the Development of Lawyer——on the Organization Form of Law Office in China

我国律师事务所的组织形式是按照所有制划分的:国有、集体和私人所有。律师事务所作为法治社会不可或缺的中介专业机构,其现代组织形式多种多样,而《律师法》却只向律师们提供了国有所、合作所和合伙所三种形式。作者通过对国外一些律师事务所组织形式的考察评介,联系我国其他中介专业机构的组织形式,认为立法应该为执业律师提供更多的选择。

The organization form of law office in China is classified in the respect of ownership, namely state-run, collective and private ownership. The law office, which is a kind of professional and intermediary organization is indispensable to legal society, so its organization form should be varied. But the law of lawyers only stipulates state-run, partnership and cooperative law office. The author studies and reviews the organization form of foreign law office and refers to the form of other professional and intermediary organization, and holds that the legislation should provide the lawyer with more choice.