论文部分内容阅读
在中国律师业中,合伙制已经发展多年并成为律师事务所的主流组织形式,但由于合伙人对风险的无限连带责任使律师事务所的发展受到一定程度的限制。根据新修订的《律师法》,今年6月1日以后,特殊的普通合伙制律师事务所将允许设立,这对目前规模化的合伙制律师事务所将产生重大影响。但是,“特殊的普通合伙”的内涵、责任风险承担方式、普通合伙向特殊普通合伙转变的条件、与普通合伙企业的异同等问题还有待明确。在2007年12月20日由中国律师杂志社和北京中伦金通律师事务所共同主办的“规模化合伙所发展的新契机”主题研讨会上。全国人大常委会法工委,司法部法制司、律师公证司,北京市司法局,中华全国律师协会以及北京、上海、山东等地大型规模化律师事务所的合伙人和有关学者各抒己见,对“特殊的普通合伙”这一新型律师事务所组织形式进行了探讨,表达了各自的见解。现将各位发言摘要辑录如下。
In China’s lawyer industry, the partnership system has been developed for many years and has become the mainstream organization of law firms. However, due to the unlimited joint and several liability of partners, the development of law firms is somewhat limited. Under the newly revised Lawyers Law, special general partnership law firms will be allowed to set up after June 1 this year, which will have a significant impact on the current large-scale partnership law firm. However, the issues such as the connotation of “special common partnership ”, the way of bearing responsibility and risk, the conditions of general partnership changing to special common partnership, and the similarities and differences between general partnership enterprises and other issues need to be clarified. On December 20, 2007, co-sponsored by China Lawyers Magazine and Beijing Zhong Lun Jin Tong Law Offices, held a seminar on “New Opportunities for the Development of Large-scale Partnerships”. Law Committee of the NPC Standing Committee, Legal Department of the Ministry of Justice, Department of Lawyers Notary, Beijing Municipal Bureau of Justice, All-China Lawyers Association and Beijing, Shanghai, Shandong and other large-scale law firms partners and scholars to express their views on “Special ordinary partnership ” This new type of law firm organization was discussed, expressed their own opinions. Let me now summarize your speeches as follows.