律师民事责任竞合探析

An Analysis of the Phenomenon of Co-existence & Conflict of Civil Liability of Attorneys

对律师民事责任竞合的认识与解决,直接影响到《律师法》的贯彻执行,也影响到当事人权利的救济。根据《律师法》的规定和民商法的法理基础,我国律师民事责任竞合的性质是以违约为基础和以侵权为补充的责任竞合,其构成应具备四个方面的要件,其解决应遵循合法、公平、有限的精神,并应在三大方面予以立法完善。

The understanding and settlement of the phenomenon of co-existence and conflict of civil hability of attorneys directly influence the implementation of the Attorney Law as well as the right protection of a litigant. According to the related law theory, the characteristic of this phenomenon is mainly violate an agreement and infringe one＇s right. The resolution to the phenomenon is to legislate in three aspects by abiding by the spirit of being lawful, fair and limited.