2007年英格兰和威尔士法律服务市场监管改革作为一项制度试验

Michał Masior, Zbigniew Staniek
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摘要

摘要本文提出了一项改革,为法律服务市场提供了一个监管框架,作为2007年在英格兰和威尔士实施的法律服务法。改革的目的是使该市场的体制系统系统化,增加其透明度,增加竞争的作用,并以牺牲目前的法律自律机构为代价,提高客户的地位。改革涉及发展多层次的机构管理结构,这些机构监督或代表律师处理不同的细分市场。向律师提供了一种新的职能形式,以便于获得资本和专门知识。一套新的监督措施已开始实施,并适用于律师及其公司的业务。本案例研究的目的是试图对上述改革进行评价,并为法律服务市场的模式运作得出结论。为了实现这一目标,制度变革是根据监管机构的职能的当前数据来描述的,这些数据来自他们的网站。这篇文章还提到了与法律职业的规定和英语-威尔士语境有关的文献。得出的结论证明了其实施的合理性。为了对应用解决方案的结果进行经济和社会评估,分析了描述市场运作(供应,价格,需求,消费者选择)的利率的动态。据介绍,自2008年改革实施以来,法律援助的可及性不断提高,法律服务质量和市场竞争力不断提高。然而,改革的起草者对提供给法律公司的新发展形式、对持牌律师的创新以及法律服务价格的进一步提高缺乏兴趣感到失望。还遇到了需求障碍。尽管有这些事实,英格兰和威尔士的法律服务市场的价值有所增加,法律服务的出口和持牌律师的数量也有所增长。此外,改革已经在其他国家找到了追随者。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The reform of 2007 on regulation of the market of legal services in England and Wales as an institutional experiment
Abstract The article presents a reform that provides a regulatory framework for the legal services market, implemented as the Legal Services Act of 2007 in England and Wales. The reform was intended to systematise the institutional system of that market, to increase its transparency, to increase the role of competition and to enhance the position taken by customers at the expense of the current legal self-regulatory bodies. The reform involved development of a multi-level management structure for institutions–organisations that supervise or represent lawyers handling various market segments. A new form of functioning was provided to lawyers in order to facilitate acquisition of capital and know-how. A new package of supervisory measures was initiated and applied to operations undertaken by lawyers and their companies. The aim of this case study is an attempt at evaluating the above-mentioned reform and drawing conclusions for model operation of the legal services market. In order to achieve such an aim, the institutional change is described based on the current data about the functioning of regulators, taken from their websites. The article also refers to literature related to regulation of legal professions and the English-Welsh context. The conclusions that have been drawn prove the advisability of its implementation. For the sake of economic and social evaluation of the outcomes of the applied solutions, the dynamics of the rates describing market operation (supply, prices, demand, consumer choice) has been analysed. It has been stated that since the implementation of the reform in 2008, the accessibility of legal assistance has been increased along with the quality of legal services and market competitiveness. However, the authors of the reform have been disappointed with the scarce interest in new forms of development provided to legal companies, innovation for licensed lawyers and further increase in prices of legal services. A demand barrier has been also encountered. Despite all those facts, the value of the legal services market in England and Wales has been increased and export of legal services and the number of licensed lawyers have also grown. Furthermore, the reform has already found its followers in other countries.
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