律师执业责任保险法律制度构建研究经济法学专业毕业论文.docxVIP

PAGE PAGE VI A Legislative Study on Lawyers Professional Liability Insurance Abstract With a long history, lawyers professional liability insurance is a traditional solution to effectively dispersing lawyers civil liability in western countries, and it is also an important sign indicating whether the a country’s legal system is well established. As lawyers professional liability insurance has not yet been legally regulated in China, it, on the other hand, lacks the most powerful support, leading to the reality that it cannot be able to effectively protect the interests of insurance-related parties. Therefore, it is quite necessary to have a further study on the legal construction of lawyers professional liability insurance in China. In the developed countries, the legislation of lawyers professional liability insurance dated back to an earlier time and grew rapidly, and up to date, most of these countries have well developed their own legal system of lawyers’ professional liability insurance. However, the practice of the lawyers professional liability insurance in China remains undeveloped, though it is almost twenty years ago when the lawyers liability was first introduced to China. This is shown by the facts that the insurance models of different insurance companies are substantially differentiated, that insurance market is not yet fully fostered, and that the insured are absent of risk awareness, etc. All of these are primarily attributable to the following facts. First, the practice of lawyers professional liability insurance in China is not legally regulated, and second, insurance policies are not reasonably tailored, resulting in its inability to satisfy the insureds need for effective and efficient resolution of practice disputes though the lawyers professional liability insurance. The establishment of the legal system of the lawyers professional liability insurance has its legitimacy. First of all, it conforms to the value of justice, i.e., it can achie