论我国律师费转付制度的构建

On the Building of The Payment System of Transferring Attorney Fees in China

从理论支撑、立法精神及实践操作层面来说,我国具备建立律师费转付制度的现实可行性。律师费转付应当坚持有限适用、实际代理、公平补偿等原则,明确适用转付的具体条件,界定有限适用的案件范围,对一审、二审及再审程序中转付的具体确定方式通过立法明确加以规定,完善配套的争议解决机制解决因律师费转付而发生的财产纠纷,通过完善律师过失赔偿责任保险制度来降低律师执业风险,提高律师执业积极性,能够合理解决诉讼中的律师费用负担问题。

It is feasible for our country to establish the Payment System of Transferring Attorney Fees in terms of theoretical foundation, legislative spirits and practical operation. As far as the author considered, this system has some specific points. First, the principle of this system is limited application, actual agency and fair compensation. Meanwhile, we must make clear its actual application conditions and define the scope of cases which is limited and applicable. Moreover, how to transfer the attorney fees in first, second instance and retrial procedure needs to be provided clearly in the legislation. Additionally, improving the correlative dispute settlement mechanism aims to solve property disputes which are caused by attorney fees transfer. We could reduce attorneys' practice risk and improve their practice enthusiasm by consummating attorneys'fault liability insurance system. In conclusion, all of these means are reasonable solutions to attorney fee problems in lawsuit.