Attorney fee transfer payment system is a very valuable and worthy of microwave (micro-blog) to promote legislation, according to the international practice and promote the social consensus "shears" problem. First of all for lawyers, legal fees to pay means the source expansion, originally is rational and to safeguard the rights and interests, but because of economic distress and concerns need prepaid fee, or due to negative rumors that the judicial unspoken rule of evidence, the facts and the objective facts not quite factors in favour and judicial justice is lack of confidence in those potential parties, will naturally because of eliminating any menace from the "rear" and confidence. While the lawyer assess specific details of the case, if full of confidence to win and is willing to cooperate to risk agency, can with minimal risk, to seek the high price. In addition, from the grasp of the ideas for the negotiation of the entrustment contract perspective to consider, along with the popularization of university education and the Internet, in the near future, even is now, a university college graduates and young people involved in a lawsuit, can automatically search or buy some law books will in the short term, a basic understanding of law the regulations and procedures on the Internet, not necessarily need to hire a lawyer. Therefore the future for lawyers professional requirements, will be more and more high. At the same time, the state if the attorney fee transfer payment system, so please help yourself to free professional nature is good will, What is there against it? Real ideas, but if the need to pay a service fee, so please don't ask not essential in the case, when things people will think this lawyer fees from the province. This is the bar every lawyer, attorney fee transfer payment system to promote the value and power. In fact, at least for the public nature of the lawyer's fees to pay the legal aid case handling expenses, "" the justice department joint notice of the Supreme People's Court on issues concerning the legal aid work in fact have clearly recognized civil notice of investigation fees, traffic fees, travel expenses, printing fees, litigation costs to pay [note 01], but in practice, since there has been little known and attention, so rarely see lawyers and the parties so that more little court according to this decision. So in an already "civil law of the people's Republic" "damages" under the premise of basic legal support [note 02], this is actually a political consciousness, combing the law concept, reforming, practice and further promote the legislation and the judicial interpretation refinement clear problem.

   In addition to the judges, attorneys fees transfer payment system is conducive to the promotion of the more popular lawyer agency and non self appearance in court, the lawyers involved in both professional proficiency or regulating the trial order, whether litigation materials ready to submit or with the mediation work, should be more helpful to judge and improve the efficiency (in judge not flicker to mislead the parties because of ignorance of the law, not OK and muddleheaded accept against themselves, the unfair judgment, especially under the premise of the mediation program). The faint, as judges are know.

   The most important is, of course, my views are not necessarily right, personal view is based on the perfect balance mechanism, legal fees to pay for and guarantee of "weak" and "rational person" can "afford a lawsuit", and through the actions to protect oneself legitimate rights and interests further, and the realization of social justice, and let the "default" and "irrational ruthless" fear rights entrusted more powerful professional lawyers to support output, find the debtor shall be investigated for illegal liability for breach of contract, and further to undertake to pay the lawyer's fees way, impose the appropriate punishment to concentrate. After all, compared to the litigation, litigation in many sports ", or pay attention to ability and skills, the best lawyers resources, are in fact for the powerful rich strong service, but really rational but weak faced controversy, but because of loathe to give up, do not know, lack of experience, there is also a possibility is to recover wages and other small adults, various lawsuit system caused spending even much higher than the lawsuit subject [note 03], and the more it is economic distress, before the case of inability to advance more lawyer fee, resulting in extremely practical, may be no chance of any assistance and could not get professional lawyer skills in order to safeguard their legitimate rights and interests. As for the small interests, for example, are owed thousands of yuan of salary but have bad luck to come, in order to avoid litigation to recover but expanded loss, white cheap those on illegal default. Sometimes the world actually, really is not equal, this unpleasant, but had to admit and face. Attorney fee transfer payment system, certainly can not be completely changed and solve the social problems, but at least, how much should be adjusted to correct some of these unfair phenomena and the tendency, of course premise is the specific system, refine the balance mechanism under the condition of. Rational plaintiffs to the legitimate rights and interests infringed take exercise all rights, had unreasonably defendants legal compliance, not harming others simply will not happen, is because of irrational told so wrong just happen, just "out" attorney's fees, this was not the truth, not in line with the principles of fairness and justice and compensation for loss the principle of. Good and evil, increasing illegal default punishment from the system root, and promote and encourage mutual legal assistance and everyone, and to guide and foster positive social significance and fresh air, this is my personal reason about this problem (I non lawyers).

   In addition to the legislative considerations and judicial administration, legal fees to be borne by the losing party to pay the prevailing party and lawyer fees, it is conducive to curb appeal, the technical procedure and malicious litigation. Under normal circumstances, the lawyer as a professional analysis of the case, if not at least forty or fifty per cent to grasp generally do not suggest the litigants, and promised to risk agency so as not to waste time and energy, "do nothing" also lost his reputation in the industry of the win rate. The parties will weigh more than fifty percent if no win grasp once the prosecution after losing, the other party if the counterclaim his take on each other's legal fees to pay, you but to do paid a sum of money, so the absolute will seriously charged off not indiscriminate lawsuit. But those of litigation, technical procedure and malicious prosecution, because the lawyer fee pay in practice and the uncertainty of the judge's discretion, so in fact is a barrier to the.

And supervision of the judicial administrative department of the State Council in the management of legal aid work, legal aid is a positive and encouraging behavior, social trend should guide the whole society to form a "good good, good security" view of the world, can not always make good money do sacrifice [note 04], get general social consciousness, the "good guys" like "fool" as a synonym. And so, subsidized by the state of legal aid case handling fees, the appropriation of hundreds of millions but funding is still shortage, so that the disabled, low income households the most vulnerable groups most in need of help to save most of the cases are still not aid, social security is not serious enough [note 05], at the same time the lawyer low to average case 644 yuan [note 06] handling subsidies and much lower than the normal legal fees, even may not be enough to pay the normal fee, as simply as Premier Li Keqiang has changed in the institutions of the State Council functions mobilization television telephone conference pointed out, "short plate", "Dou bottom line",Innovation management and fabric covers all the basic livelihood of the people, to provide social security "safety net" [note 07], I trace the origin of "the wool in the sheep", whose fault whose responsibility, let the system to protect the rights and interests of the weak, and reduce the levels of financial burden, and so Chinese lawyer groups have more "work" can be dry, and dry "work" both have the meaning of life and can guarantee the income. In fact, through the attorney fee transfer payment system "shears", the legal aid has become a kind of with the nature of public service and special form of risk agency in essence, but this approach "this is as unalterable principles" is precisely the person with social positive significance. Even from a certain sense, as a special form of maintenance and fight for the legitimate rights and interests of members, for the whole China lawyer industry's survival, development and prosperity for the appropriate planning, precedent case, to promote the attorney fee transfer payment system is the all China Lawyers Association as the industry organization duty [note 08]. To sum up, Ceng Xiangyi wrote that "in" Chinese lawyer, attorney fee transfer payment system is the "best point" Chinese judicial reform, and the individual "as long as we are together happy life must come to labor," "China dream" [note 09], "get to", make foreign things serve China. "Wool" at least "Chinese lawyers most valuable, and every practicing lawyers are related to the vital interests of the practice and legislation to promote" [note 10].

Note appended.
[note 01] "the Supreme People's court, the Ministry of justice on civil legal aid work of joint notification" (Division issued through [1999]032 number: Seven), the legal aid staff for legal aid cases required travel, printing costs, transportation and communication costs, investigation and evidence collection of fees, the necessary expenses, the recipient into the litigation claim, the people's court according to the specific situation judgment shall be borne by the losing party non recipient. Calculation method of legal aid staff handling costs: Calculation of travel standard travel according to legal aid institutions where the financial departments of public servants, printing fees, transportation fees and expenses are generally not more than 500 yuan; identification fee, investigation and evidence collection fees and witness fees by a people's court according to the relevant provisions of the state and the actual situation.
[note 02] "civil law of the people's Republic" (the people's Republic of China President Decree No. thirty-seventh) 134th: the main methods of bearing civil liability: (a) to stop the infringement; (two) to remove the obstacles; (three) to eliminate risk; (four) the return of property; (five) recovered; (six) repair, redoing, replacement; (seven) to compensate for the losses; (eight) pay breach of contract damages; (nine) removing effect, restore reputation; (ten) an. The above methods of bearing civil liability, be used separately, can also be applied in combination. Article 111st: if a party fails to perform the contract or its performance of the contractual obligations is not in conformity with the agreed conditions, the other party is entitled to perform or take remedial measures, and shall have the right to claim compensation for losses. Article 115th: the alteration or termination of a contract, the parties does not affect the right of claim for compensation. Article 117th: the occupation of the state, collective property or the property of another, shall return the property, not the return of property, it shall pay compensation at the market price. Damage to the state, collective property or the property of another, should be restitution or compensation for discount. If the victim suffers other serious losses, the infringer and shall compensate for the losses. Article 118th: citizens, legal person's Copyright (Ban Quan), patent, trademark, right of discovery, invention and other scientific and technological achievements entitled, tampering, counterfeiting, plagiarism violations, have the right to demand the cessation of the infringement, elimination of influence, compensate for the losses. Article 120th: citizen's name right, portrait right, reputation right, honor is infringed upon, have the right to demand the cessation of the infringement, rehabilitation of reputation, eliminate the effect, make an apology, and compensation for losses. Legal person's name right, right of reputation, honour is infringed upon, the provisions of the preceding paragraph. Article 122nd: causing property, personal injury due to substandard quality of products, the manufacturer, Seller shall bear civil liability according to law. Transport, storekeeper is responsible for the manufacturers, sellers, have the right to demand compensation for losses. Article eighty-third: real property adjacent to the parties, should be in accordance with the spirit of the production and convenient life, solidarity, fair and reasonable, correctly handle the relations between adjacent section water, drainage, access, ventilation, lighting and other aspects of the. Adjacent to the square to obstruct or loss, shall stop the infringement, eliminate the obstruction, compensate for the losses. Article eighteenth: the guardian does not fulfil his duties as guardian or infringes upon the legitimate rights and interests, should bear the responsibility; to be the guardian causes any property loss, it shall compensate for the losses. Article 116th: if a party due to a higher authority, can not fulfill the contract obligations, shall be in accordance with the contract to the other party to pay compensation for the losses or take other remedial measures, then the higher authority for the losses it sustained handle.
[note 03] according to the Beijing Youth Legal Aid and Research Center in 2003 "report" Chinese migrant workers rights cost survey, in order to ask for a salary less than 1000 yuan and complete all the procedures, migrant workers rights need to pay all costs at least 920 yuan, spend time at least 11-21 days, reduced the loss of 550-1050 element. While the state to pay government workers, judges, clerks and other personnel wages at least is 1950-3750 yuan, the comprehensive cost is in 3420-5720 yuan between. For example, the 68 people such as Guo Zengguang on the case, Guo Zengguang in order to recover the wages of 33000 yuan, 5 years has tried 40 times to the labor contractor, Supervision Brigade 14, district court 11 times, 3 times the intermediate court, and also and workers had visited City Hall, NPC, project Construction Committee, the labor bureau, the Ministry of agriculture, Ministry of labor and social security and so on more than 10 departments. Home from Hebei to Beijing, he traveled more than 100 times, each time only the ticket is 70 yuan. About 5 years later, 68 people finally got only 30000 yuan, is owed wages up to Guo Zengguang, took 639 yuan, and at least one person, only 174 yuan. Guo Zengguang himself just a account, for the recovery of their own 600 yuan in arrears, the direct expenses of transportation, accommodation and meals, the cumulative reached 7000 yuan, with the "Hangzhou City Intermediate People's court report ("Http://hznews.hangzhou.com.cn/xinzheng/tongzhi/content

/2011-02/02/content_3612479.htmRecent statistics) (January 26, 2011 eleventh session of the Hangzhou Municipal People's Congress sixth conference submitted for approval) is also able to corroborate: according to the nineteenth elements of "carry out 'winter sun' operations, annual report for 5045 new Hangzhou people recover wages 3784000 yuan", 3784000 yuan / person should be equal to 5045 748.71 yuan per person per case, apparently even "a cut instance a hold" four program execution costs and attorneys fees are far from enough, laborer is definitely on the court a loss, and loss of the amount of litigation also very scary, and the court every accepted a labor dispute case, in fact equal to is a waste of at least two thousand or three thousand yuan of social wealth, and that wealth also belong to the worker's hard-earned money (calculation, according to the report of the 5045 workers of the digital total a superior people's court for one year at least 10342250 yuan, according to estimates it actually should have the appointment, and does not include Department of justice judge, the court clerk salary, office space, office equipment costs trial resources expenses) . So Guo Zengguang told reporters: "workers, lawyers, government departments, courts, who is the winner? No. Only Qu Wenbo (Bao Gongtou) is the winner ", while the Hangzhou workers privately, even have" City Hall should have a sense of social responsibility of words, return true not explicitly issued prohibiting workers litigation labor dispute cases, courts at all levels simply does not accept the labor dispute cases, save harass the people and waste money "non constructive negative" advice".
[note 04] extreme cases may be very boring "thankless" and lead to "good", will not easily hand to help others, especially the weak. Such as Hunan Yongzhou Tang Hui and case several aid lawyer, Si Weijiang (Http://news.ifeng.com/opinion/zhuanlan/

Siweijiang/list_0/0.shtml), Xu Liping (micro-blog:Http://weibo.com/sqs2008), Gan Yuanchun (micro-blog:Http://weibo

Com/ganyuanchun), Hu Yihua (micro-blog:Http://weibo.com/dukehu), for they are facing pressure, frustration and embarrassment, my heart is very understanding, and understand and respect respect.
[note 05] it is not shown by the audit and 3-5 years ago to statistics, our country annually in recent years, the need for legal aid cases more than 700000 pieces, but by less than 1/4 of aid, as the main reason for this situation is a serious shortage of funds of legal aid. According to statistics, in 2003 the country legal aid funding is only 152000000 yuan, per capita the legal aid funds but ten cents, far below the average level of the developing countries. For example, a year in Zhejiang province Lishui city according to the statistics, a total of 113 lawyers, even if all the duties and in accordance with the provisions of the highest per person per year for 3 pieces of legal aid case calculation, the year also can only handle 339 pieces. But the city through the disabled, such as the number of low income families most in need of assistance is estimated, the demand for legal aid cases actually up to more than 1 pieces, that is to say, the vast majority of cases there is no assistance.
[note 06] according to the "2009 National" statistical analysis of the legal aid work, the 2009 annual national total legal aid fund income is 757603700 yuan, 629374100 yuan for the funding at the same level, case subsidy and disbursement of expenses amounted to 239836700 yuan, but the average to the case, average case subsidies or expenditure for social law making cases only 644 yuan.
[note 07] of the State Council in May 13, 2013 held a national teleconference, mobilization deployment of the State Council institutions function transformation work. The State Council Premier Li Keqiang, stressed the need to implement the party's eighteen plenary meeting of the State Council and the first plenary meeting spirit, handle the relationship between government and market, government and society, the discharge power off, the tube affairs well, stimulate the market to create vitality, enhance the economic development of endogenous power, the government work to create a favorable environment for development, providing quality public services, safeguard social fairness and justice. He pointed out that, to decentralization, change function, innovation management, the focus of the work of the government in the "basic", accelerate the fabric weave a universal coverage of social security "safety net", especially "fill short board", "Dou bottom line", to provide security for the basic livelihood of the people. Associated press is reportingHttp://news.sina.com.cn/c/2013

-05-15/174327132000.shTML andHttp://news.sina.com.cn/pc/2013-05-15/27/7861.html.
[note 08] related cases had occurred more frequently in the field of intellectual property, 10 years ago the typical relatively early example: 2003 June Xinjiang Qilin Electronics Co., Ltd. v. Urumqi Qianfeng information company limited case, Urumqi Saybagh District People's Court of First Instance judgement of the defendant to compensate the plaintiff attorney fee loss. In 2003 December He Qingkui, Gao Xiumin v. Liaoning TV, Liaoning TV and other audio-visual publishing houses four units of the copyright infringement, the Beijing second intermediate people's court reasonable costs of Liaoning TV and Liaoning radio and television audio-visual publishing houses bear the plaintiff in the case litigation expenses and attorney's fees. In 2003 September, the Beijing second intermediate people's Court of writer Liu Yuanju v. TV series "to the Republic", one of the writers China Youth Daily editor Zhang Jianwei suspected of plagiarism case verdict Zhang Jianwei compensation for economic losses and the litigation costs and attorneys fees 11581 yuan, and the Beijing Municipal Higher People's Court of final appeal upheld. In recent years, the relevant legislation in the field of intellectual property. This problem becomes more and more clear, specific cases are too numerous to mention.
[note 09] on the general secretary Xi Jinping put forward "China dream", in 2013 May two relatively important speech can see about the "dream world, only through honest labor to achieve; all kinds of problems in development, only through honest labor to crack; all the glory of life, only through honest labor to cast. "A frequently nothing in the world is difficult", the whole society should carry out the policy of labor respect, respect knowledge, respect talent, respect for creation, maintenance and development of the interests of workers, protect the rights of workers. To continue to promote social fairness and justice, removal of barriers to the laborer participation in development, share the achievements of development obstacles, to let workers achieve decent work, all-round development "of the" national model worker representatives in the same forum speech "(Http://

News.sina.com.cn/o/ 2013-04-29/025926983329.shtml) and put forward "power worship Weizhi, industry wide Wei qin. Studies such as crossbow, just as the arrow. Gou Rixin, each day, new life, never will follow the beaten track, satisfied with the status quo, never wait for nothing, reap the profits, but will be more opportunities for good and innovative. Dream in front, at the foot of the road. Strong self, self wins. Be dare to be the first of the spirit, the courage to emancipate the mind, keep pace with the times, dare to search up and down, pioneering and enterprising. We must have the courage to venture, dare enter dare work, efforts in reform and opening up to break a new path, creative industry, and constantly open up new horizons "career development" with all the outstanding young representatives of speech "(Http://news.sina.com.cn/o/2013-05-05/

065927028361.shtml).
[note 10] about the litigation costs to pay legal fees to pay and not limited to the analysis, comprehensive and detailed is actually one or two many thousands of words, but I was not doing academic research more no legislation, the legal basis and foreign legislation and cases related to a company must also have better information conditions, so just pick a few of his momentary thought, and not strictly "amateurish colloquial problem" is. Another way, traditional idea even limited legal thinking type may be, the judge sentenced the wrong case, there is no negligence said, do not assume liability to pay compensation. Be honest in personal views do not consider that judges to take economic loss responsibility for misjudged cases, the parties must very sincerely said, the judge sentenced the wrong case, resulting in the parties had to walk the appeal, especially the appeals process, will give the people bring lawyers fees, printing costs, communication costs, transportation costs travel and other economic losses, in fact, the objective reality of intangible loss of time, energy and emotional pain, psychological pressure, some parties also the considerate judge "men are not saints," or "no", but the judges themselves but also have self reflection and conscious awareness, not like many judges now practice the decision error, it still a kind of "case is wrong is wrong, wrong you appeal to, what is the relationship between" with my voice, and even that the wrong the wrong cases also deserved to be in the right and self-confident, and attitude and tone arrogant attitude, and know the actual situation of our country is "the complaint difficult", obviously misjudged cases most rational appeal could not be accepted and revision, but seemingly highfalutin actually "potentially malicious "The parties to inform to the superior court for appeal, to" kick "and the transfer of contradictions, that can make the bluff and deceive the past. Some things, not asking the judge to have compassion is not asking the judge to assume financial responsibility, but in the end there is no responsibility we should want to know, understand, not like a family man do not pay a single cent home, go home to eat but also posturing look down from a height to put on a long face, export into dirty bad attitude that food is not good enough, forcing his wife and the parties to "uprising". In addition to the foreign parties didn't bear the economic responsibility, the court system of internal evaluation, the corresponding restriction mechanism should be further perfected. Especially that the wrong, subjective intention and involuntary, difficult cases are to be treated differently, conscience, responsibility and moral responsibility should be practical, in the usual political study in priority to the Marx doctrine of Mao Zedong Thought Deng Xiaoping theory always instill.

"Wool" ("Click Go The Shears") English original:

"Wool" Asian Angel Choir Chinese version:

"Wool" ("Click Go The Shears") lyrics link:
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