律师分级执业的制度分析

An Institutional Analysis of the Lawyer's Practicing Law by Ranking

酝酿中的律师等级评定和分级执业,将"规范律师服务市场"和"提高律师执业能力"定为目标。但制度分析表明,该措施很有可能混淆市场竞争与政府管制的长处和短处,将会干扰法律服务市场中的资源配置,阻碍律师的职业上升通道,扭曲"以质论价"的价格形成机制,并且在很大程度上加重了在高级别法院进行诉讼的当事人的经济负担,甚至还会导致其因此而无法获得原本有机会得到的法律服务质量。

Lawyer rating and practicing law by ranking that are under discussion aim at ＂regulating the market of the lawyer service＂and ＂improving the practicing ability of the lawyer＂. However,an institutional analysis reveals that this policy may confuse advantages and disadvantages of both market competition and government regulation. While interfering with resource allocation in the market of law service and hindering the approaches to the lawyer＇s career promotion,it will also distort the price-forming mechanism of ＂pricing by quality＂. To a large extent,it increases the economic burden of the litigants who sue in the higher courts,and even causes them to lose the law service quality that they should have had the opportunities to acquire.