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"败诉方该不该为胜诉方律师买单"之我见
引用本文:侯明. "败诉方该不该为胜诉方律师买单"之我见[J]. 三门峡职业技术学院学报, 2003, 2(4): 65-67
作者姓名:侯明
作者单位:西藏民族学院政法系,陕西,咸阳,712000
摘    要:败诉方为胜诉方律师买单在现代法治社会中有其存在的法律依据和现实必要性,但是,败诉方为胜诉方律师买单并不是适用于所有案件,而是适用于诉讼当中的一部分案件,以民事案件和刑事自诉案件为主,以原告胜诉的部分行政诉讼案件和宣告无罪的刑事公诉案件为补充。同时,对于败诉方为胜诉方律师买单的数额、方式等情况,在司法实践中还应注意到具体操作问题并妥善加以处理。

关 键 词:败诉方  胜诉方  买单
文章编号:1671-9123(2003)04-0065-67
修稿时间:2002-07-28

Should the Lawyer''''s Fee of the Winning Party Be Paid by the Losing Party?
Hou Ming. Should the Lawyer''''s Fee of the Winning Party Be Paid by the Losing Party?[J]. Journal of Sanmenxia Polytechnic, 2003, 2(4): 65-67
Authors:Hou Ming
Abstract:It is legitimate for the losing party to pay the lawyer's fee of the winning side in modern society. However, the author of the article doesn't think all kinds of cases should be dealt with like this in the legal process and practice. Only part of the lawsuit cases are fitt for the situation, most of which are civil and criminal appeal cases. For some administrative and criminal cases, if the accusers are winners or the defendants are announced innocent after the trial, the winning party lawyers may get payment from the losing party. What's more, how much and in what way the losing party should pay to the winning party's lawyer is still a question that needs to be dealt with carefully and prudently in practice.
Keywords:the winning party the losing party pay a lawyer's fee  
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