论特殊的普通合伙律师事务所组织形式
发布时间：2019-01-05 03:35
【摘要】：我国律师制度恢复至今30年来,律师业有了较大的发展,但同时存在律师事务所规模小、专业化程度不高、国际业务竞争力不强、结构性人才短缺与人才过剩等问题,制约了律师行业下一阶段的继续前进。我国2006年修订的《合伙企业法》、2007年修订的《律师法》规定我国律师事务所可以采用新的组织形式--特殊的普通合伙。特殊的普通合伙企业是我国商事主体对源于美国的有限责任合伙制度的移值。特殊的普通合伙制度的移植,为我国律师律师事务所提供更多的组织形式选择,以促进律师事务所的规模化发展。律师事务所的规模化,同时对解决专业化、国际化、品牌化、人才结构不合理等律师业目前存在的问题有一定帮助。但是,由于我国目前对特殊的普通合伙制度制定相对粗糙,实践中也存在一些不足之处,需要不断予以修订与完善。 本文第一章简要回顾了从1979年我国律师制度恢复以来,律师事务所先后经历的五种组织形式:国办所、合作所、合伙所、个人所、特殊的普通合伙所;律师事务所的不同组织形式,在不同时期对律师业发展起到的积极作用和存在的问题;分析我国律师业目前面临的困境、以及特殊的普通合伙制度对促进律师业发展、律师事务所的规模化建设的积极影响;分别探讨特殊的普通合伙组织形式在法理层面、实务层面的制度价值。 特殊的普通合伙制度对律师事务所的规模化发展提供了强有力的制度保障。第二章简单扼要地分析了有限责任合伙制度的起源以及法律特点;分析我国特殊的普通合伙制度的移值、特殊的普通合伙律师事务所的相关规定,并与国外有限责任合伙制度进行对比;研究特殊的普通合伙组织形式的律师事务所的优势,以及该种组织形式的律师事务所在国外的发展。 由于我国对特殊的普通合伙这一组织形式的制度规定尚不成熟,第三章预测了特殊的普通合伙在律师事务所适用过程中可能出现的情况,特别就债权人保护、合伙人有限责任保护、有限债务承担、设立条件四个方面进行了深入的分析与探讨,并提出相应的完善立法建议。
[Abstract]:Since the restoration of the lawyer system in China 30 years ago, the lawyer industry has developed greatly, but at the same time, there are some problems such as the small scale of law firms, the low degree of specialization, the weak competitiveness of international business, the shortage of structural talents and the surplus of talents, etc. Restricted the next stage of the lawyers industry to move forward. The Law on Partnership Enterprises, revised in 2006, and the Law on lawyers, amended in 2007, stipulate that our law firms may adopt a new form of organization, a special common partnership. The special ordinary partnership is the value shift of the commercial subject of our country to the limited liability partnership system originated from the United States. The transplant of the special common partnership system provides more choice of organization form for the law firm of our country, in order to promote the development of the law firm on a large scale. At the same time, it is helpful to solve the problems existing in the legal profession, such as specialization, internationalization, brand and unreasonable talent structure. However, due to the relatively rough formulation of the special common partnership system in our country, there are some deficiencies in practice, which need to be revised and perfected constantly. The first chapter of this paper briefly reviews the five forms of organization that law firms have experienced since the restoration of the law system in China in 1979: state offices, cooperative institutions, partnerships, individual institutions, and special general partnerships; The different organization forms of the law firm, the positive function and the existing problems to the development of the lawyer industry in different periods; This paper analyzes the difficulties faced by the legal profession in our country, and the positive influence of the special common partnership system on the development of the lawyer industry and the construction of the law firm on a large scale. This paper discusses the system value of special common partnership organization at the level of legal theory and practice. The special common partnership system provides a strong institutional guarantee for the development of law firms. The second chapter briefly analyzes the origin and legal characteristics of the limited liability partnership system. This paper analyzes the value shift of the special common partnership system in our country, the relevant regulations of the special general partnership law firm, and compares it with the limited liability partnership system in foreign countries. To study the advantages of special common partnership law firms and the development of law firms in foreign countries. Because the system of special ordinary partnership is not mature in our country, the third chapter predicts the possible situation of special common partnership in the process of law firm application, especially the protection of creditors. Four aspects of partner limited liability protection, limited debt commitment and establishment conditions are analyzed and discussed in depth, and corresponding legislative suggestions are put forward.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.291.91;D926.5
本文编号：2401210
[Abstract]:Since the restoration of the lawyer system in China 30 years ago, the lawyer industry has developed greatly, but at the same time, there are some problems such as the small scale of law firms, the low degree of specialization, the weak competitiveness of international business, the shortage of structural talents and the surplus of talents, etc. Restricted the next stage of the lawyers industry to move forward. The Law on Partnership Enterprises, revised in 2006, and the Law on lawyers, amended in 2007, stipulate that our law firms may adopt a new form of organization, a special common partnership. The special ordinary partnership is the value shift of the commercial subject of our country to the limited liability partnership system originated from the United States. The transplant of the special common partnership system provides more choice of organization form for the law firm of our country, in order to promote the development of the law firm on a large scale. At the same time, it is helpful to solve the problems existing in the legal profession, such as specialization, internationalization, brand and unreasonable talent structure. However, due to the relatively rough formulation of the special common partnership system in our country, there are some deficiencies in practice, which need to be revised and perfected constantly. The first chapter of this paper briefly reviews the five forms of organization that law firms have experienced since the restoration of the law system in China in 1979: state offices, cooperative institutions, partnerships, individual institutions, and special general partnerships; The different organization forms of the law firm, the positive function and the existing problems to the development of the lawyer industry in different periods; This paper analyzes the difficulties faced by the legal profession in our country, and the positive influence of the special common partnership system on the development of the lawyer industry and the construction of the law firm on a large scale. This paper discusses the system value of special common partnership organization at the level of legal theory and practice. The special common partnership system provides a strong institutional guarantee for the development of law firms. The second chapter briefly analyzes the origin and legal characteristics of the limited liability partnership system. This paper analyzes the value shift of the special common partnership system in our country, the relevant regulations of the special general partnership law firm, and compares it with the limited liability partnership system in foreign countries. To study the advantages of special common partnership law firms and the development of law firms in foreign countries. Because the system of special ordinary partnership is not mature in our country, the third chapter predicts the possible situation of special common partnership in the process of law firm application, especially the protection of creditors. Four aspects of partner limited liability protection, limited debt commitment and establishment conditions are analyzed and discussed in depth, and corresponding legislative suggestions are put forward.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.291.91;D926.5
【引证文献】
相关会议论文 前1条
1 王瀚;;特殊的普通合伙制度初探[A];发展知识产权服务业，，支撑创新型国家建设-2012年中华全国专利代理人协会年会第三届知识产权论坛论文选编(第一部分)[C];2011年
本文编号：2401210
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