法律服务分流制的构想——兼论法律服务市场的净化

Conceptive Thinking of Classification System of Legal Service——and on Depurate of Legal Service Market

从中国现实的情况出发 ,将法律服务分为有偿法律服务和无偿法律服务 ,并根据案件的复杂难易程度、处理该法律事务所需要的技能、技巧及可能承担的风险和责任 ,将有偿法律服务分别由律师和法律工作者承担则不失为行之有效的好办法。实行法律服务分流制既能使复杂疑难的法律事务由律师提供优质的法律服务 ,又能使一些律师无暇顾及的小案件也能获得专业人士的帮助 ,以满足社会各阶层对不同法律服务的需求。

Starting from the real state of China, it would be a good method to classify legal services into legal service with pay and legal service without pay,and leave legal services with pay to lawyers and legal workers separately in accordance with the complexity degree of cases, the skills needed to deal with the legal affairs in issue and the possibly resumed risks and responsibilities.Using the classification system of legal services not only enable lawyers to provide high quality legal services for those complicated and difficult cases,but also make the minor cases which lawyers have no time to deal with be settled with the help of experts to meet the different needs for legal services of different social levels.