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Municipal Bureau of Justice’s Notice on Publishing and Issuing Opinions on Implementation of Education of Advancing the Rule of Law Comprehensively among Attorneys of the Whole Municipality

Publishing department: system administrator   |   Date published: 十二月 28, 2015   |   Hits:14,862

 

 

 

Shanghai Bureau of Justice

 

 

 

Shanghai Bureau of Justice2015Publication No. 46

 

                                       

 


 

 

 

Municipal Bureau of Justice’s Notice on Publishing and Issuing Opinions on Implementation of Education of Advancing the Rule of Law Comprehensively among Attorneys of the Whole Municipality

 

 

 

Bureau of Justice of all districts and counties, and Municipal Attorneys’ Association:

 

Opinions of Municipal Bureau of Justice on Implementation of Education of Advancing the Rule of Law Comprehensively among Attorneys of the Whole Municipality are hereby issued for implementation in compliance.

 

 

 

 

 

 

Shanghai Bureau of Justice

 

 

 


July 17, 2015

 

Opinions of Municipal Bureau of Justice on Implementation of Education of Advancing the Rule of Law Comprehensively among Attorneys of the Whole Municipality

 

In order to further implement the decisions made at the 18th National Congress of the Communist Party of China (CPC) and the Third and the Fourth Plenary Sessions of the 18th CPC Central Committee, to further strengthen the team of attorneys, and to take full advantage of attorneys’ important role in advancing the rule of law comprehensively, in accordance with the Opinions of Ministry of Justice on Implementation of Education of Advancing the Rule of Law Comprehensively among Attorneys around the Country, these implementation opinions are hereby formulated based on the actual situations of this municipality.

I. Overall Objectives

To implement education of advancing the rule of law comprehensively, it is required to hold high the banner of socialism with Chinese characteristics, to be guided by Deng Xiaoping Theory, the important thoughts contained in the Three Represents theory, and the Scientific Outlook on Development theory, to implement the decisions and requirements of the Third and the Fourth Plenary Sessions of the 18th CPC Central Committee, to implement in depth the basic principles put forward by Xi Jinping, General Secretary of the CPC Central Committee, in a series of major speeches, and his important instructions on the administration of justice, to center tightly on the overall objective of advancing the rule of law comprehensively, to educate and guide the mass of attorneys to support the leadership of the CPC and the socialistic rule of law, to firmly establish the concept of socialistic rule of law and favorable professional ethics, and to abide by the Constitution and the law. It is also required to adhere to practice in compliance with the law, integrity and the relevant standards, to strive to build a team of highly qualified attorneys that are qualified in politics, high in morality and excellent in business, and that can safeguard people’s legitimate rights and interests and promote judicial justice, and to provide high-quality and efficient legal services for building a prosperous society, deepening reform comprehensively, advancing the rule of law comprehensively and tightening Party discipline comprehensively.

 

II. Main Content

The main contents of implementing education of advancing the rule of law comprehensively in attorneys are as follows:

(I) Firmly support the leadership of the CPC

We should organize the mass of attorneys to learn the basic theories, lines, platforms, experiences and requirements of the CPC and carry out education concerning the history of China and the CPC, together with that of the situations of China and the world. The mass of attorneys should be fully aware that the CPC is the core of leadership of socialism with Chinese characteristics; support the leadership of the CPC is the requirement of China’s Constitution for every citizen; the CPC’s leadership is the fundamental guarantee for socialism rule of law; to uphold the CPC’s leadership is the fundamental feature and political advantage of China’s socialist judicial system. As important components of the workforce for socialistic rule of law, all attorneys shall support the leadership of the CPC firmly, be highly consistent with the CPC Central Committee, with Comrade Xi Jinping as General Secretary, ideologically, politically and in action, and implement the basic theories, lines, principles and policies of the CPC resolutely in practice.

(II) Firm support for the socialistic rule of law

We should organize the mass of attorneys to learn and implement in depth the decisions of the Third and the Fourth Plenary Sessions of the 18th CPC Central Committee and the discourse of Xi Jinping, General Secretary of the CPC Central Committee, on advancing the rule of law comprehensively, and to learn the theory of socialistic rule of law. We should also guide the mass of attorneys to adhere to socialistic rule of law with Chinese characteristics unswervingly, to establish the concept of socialistic rule of law firmly, to safeguard the dignity of the Constitution and laws consciously, to serve as models in respecting, abiding by and using the law, to take the lead in studying, grasping and abiding by the law, in defending the rule of law, in enforcing the rule of law rigorously and in handling affairs in accordance with the law. We should enhance attorneys’ consciousness of politics, responsibility and the overall situation in their practice, improve political perspicacity and discernment, resolutely resist adverse effects and erosion of the Western political systems, legal systems and concepts of rule of law that do not comply with the principles of China’s Constitution or situations, resolutely resist all kinds of erroneous ideas, consciously resist the penetration into and the use of attorneys by hostile forces inside and outside China, and ensure the correct direction of the work of attorneys.

(III) Adhere to practice in compliance with the law

We should guide the mass of attorneys to strictly enforce the Law of the People’s Republic of China on attorneys, Code of Practice for Attorneys as well as other laws and regulations and industry standards, to exercise professional rights according to the law, to perform duties and obligations, to standardize professional behavior, to defend the bottom line of lawful practice, and to strive to maintain the dignity of the Constitution and the law. In practice, the mass of attorneys shall focus on getting familiar with cases, researching on laws and improving professionality, always take facts as the basis and law as the criterion, comply with facts, evidence and laws strictly, use laws correctly to resolve various problems and achieve the organic unity of legal effects and social effects. Attorneys shall also perform proxy duties by strictly complying with the law, respecting the judicial authority, complying with procedural rules and court rules, standardizing interaction with judicial officers, establishing  a new, healthy, positive and interactive relationship with judicial officers and safeguard the correct implementation of the law.

(IV) Adhere to practice in compliance with integrity

We should guide the mass of attorneys to establish firm integrity-based service consciousness and a correct view of interests, to develop positive values, ethics and behavior styles, to abide by professional ethics and the code of practice consciously, to fulfill their duties strictly, honestly and diligently in providing legal services; to pay attention to good faith, to adhere to professional ethics, to fulfill contract obligations actively, to comply with restrictive provisions on conflict of interests in practice, to safeguard the legitimate rights and interests of clients, to keep State secrets, trade secrets and personal privacy that they get aware of during practice confidential, to resolutely resist profit-seeking tendency, misconduct, dishonesty and all other behavior that does not comply with professional ethics, to practice for the people and win the trust of the people wholeheartedly, and to set a good example for building social integrity.

(V) Adhere to practice in compliance with the relevant standards

We should guide the mass of attorneys to enhance the service consciousness and that of handling case according to the relevant norms. As for weak parts in administering the practice of attorneys, we should strengthen systems administering the practice of attorneys, renovate the order of legal services and build strong normative systems supervising, stimulating and restricting the practice of attorneys. We should also improve management systems of law firms concerning decision-making procedures, personnel management, risk control, quality control, revenue allocation, etc., establish and improve a mechanism for implementing the management responsibilities of law firms, clarify the management responsibilities of directors and partners of law firms, establish and improve the system for reminding directors of law firms via conversation and the mechanism for holding directors of law firms accountable, and urge directors of law firms to strengthen daily management and supervision of the practice of the attorneys in their respective law firms.

III. Main Steps

(I) Mobilizing and Deploying Phase (July 10 - July 31)

1. Holding a mobilization meeting. The Municipal Bureau of Justice should hold a mobilization meeting prior to July 20 to arrange for education of advancing rule of law comprehensively among attorneys of the whole municipality. District and county Bureaus of Justice should hold a mobilization meeting prior to July 31 to arrange for education of advancing rule of law comprehensively among attorneys of their respective districts and counties.

2. Developing implementation plans. According to these implementation opinions, District and county Bureaus of Justice should develop specific implementation opinions based on their own situations and submit them to the Attorney Management Office of Municipal Bureau of Justice prior to July 31.

3. Organizing all people to participate. All law firms and all the attorneys should be mobilized to participate in education of advancing rule of law comprehensively. We should effectively enhance the enthusiasm and initiative of the mass of attorneys for such education, give full play to the exemplary role of Party member attorneys, ensure that every attorney can have access to a comprehensive, systematic and profound education, make efforts to form ideological consensus and unite all the power in the industry.

(II) Study and Educating Phase (August 1 - October 30)

1. Main learning content. (1) The CPC’s basic theories, lines, platform, experience and requirements, as well as the history of China and the CPC, together with that of the situations of China and the world; (2) the report of the 18th National Congress of the Communist Party of China (CPC) and the decisions made at the Third and the Fourth Plenary Sessions of the 18th CPC Central Committee; (3) Reader of the Series of Important Speeches made by General Secretary Xi Jinping, in particular the important expositions on the rule of law and the strategic layout of “four comprehensives”; (4) China’s Constitution, the Law of the People’s Republic of China on attorneys, Code of Practice for Attorneys as well as other laws and regulations and industry standards.

2. Strengthening learning mainlines. We should participate in the education all the time. Through the education, the mass of attorneys should have a profound understanding of the significance of the strategic layout of “four comprehensives”, accurately grasp the objectives and tasks of advancing the rule of law comprehensively, and be more willing to and firmer in supporting the leadership of the CPC and the socialistic rule of law.

3. The forms and requirements of learning. Both massed learning and self-study will be employed. District and county Bureaus of Justice, Legal Work Committees and law firms shall provide the necessary materials for self-study attorneys. Websites, Wechat, weibo and other network platforms can be used to facilitate attorneys in self-study. Law firms should organize their respective attorneys to engage in massed learning through tutorial lectures, symposia, seminars, etc. District and county Bureaus of Justice and Legal Work Committees should also organize massed learning in proper forms to further the learning activities, e.g. lectures, seminars, forums, and competitions of study papers. Focusing on the main content of the education, every attorney should complete study notes of no less than 2000 words.

(III) Rectifying and Improving Phase (October 1 - November 30)

1. Screening the existing problems. Based on the study, in close combination with their own thoughts and practice, in comparison with China’s Constitution and laws, the Law of the People’s Republic of China on attorneys as well as related rules and regulations, all law firms and all the attorneys should screen whether they have any problem in supporting the leadership of the CPC, in supporting the socialistic rule of law, in upholding the law practice, in upholding integrity in practice, in adhering to standardized practice and other aspects.

2. Developing corrective measures. As for the existing problems, all law firms and all the attorneys should study and develop targeted corrective measures.

3. Implementing rectification. All the attorneys should submit their respective problems and corrective measures to their respective law firms. All law firms should submit their respective problems and corrective measures to bureau of justice of their respective districts or counties. District and county Bureaus of Justice should supervise all the law firms and attorneys strictly in implementing the corrective measures. Should any law firm or attorney fail in implementing the corrective measures, it shall be criticized seriously. If necessary, administrative measures and disciplinary measures shall be applied. We should strictly enforce disciplinary systems for any attorney violating any law or rule, seriously investigate and treat any act violating any law, regulation, rule or professional ethic, investigate and treat according to the law any person providing legal service as an attorney in disguise or in the name of an attorney after his attorney license is revoked. Those attorneys who have violated any law or rule seriously should be dealt with severity according to the law.

4. Consolidating the results of rectification. On the basis of the rectification, we should establish and improve a long-term mechanism for the management of attorneys, give full play to the role of administration of judicial and administrative organs and the role of self-discipline of Attorneys’ Association, strengthen the role of direct management of law firms, and establish sound rules and regulations for attorney affairs and the practice of attorneys. We should screen the existing rules and regulations comprehensively and carefully, adhere to perfect ones, improve defective ones and strive to standardize the management of the practice of attorneys.

IV. Organization and Leadership

(I) Implementing Work Responsibilities

District and County Bureaus of Justice should be responsible for organizing the education of advancing the rule of law comprehensively in attorneys in their respective districts or counties. They should research on, arrange for and implement such education strictly and effectively from a political and overall height. The directors of district and county Bureaus of Justice should manage the education in person and assume overall responsibility for the education. The leaders of various branches should implement related work carefully. The departments for political work, the departments for management of attorneys and Attorney Work Committees should cooperate with each other closely and carry out work solidly and effectively. Directors, partners and CPC secretaries of law firms should take the lead in participating in the education. The education should be connected with appraisal of law firms, so as to form an effective incentive and guiding mechanism.

(II) Strengthening Supervision and Inspection

The directors of district and county Bureaus of Justice should go deep into attorneys to carry out investigations and researches, to grasp the overall situation of the education in time, to strengthen guidance on work purposefully, and to discover and solve difficulties and problems timely. A system of contact point of leader should be established to expand the education point by point, to innovate working styles and methods and to implement work creatively. The Municipal Bureau of Justice should set up a steering group to inspect and guide the education of various districts and counties, in particular focusing on whether the plan for the education is feasible, whether the organization is effective, whether any highlighting problem has been resolved and whether people’s satisfaction has been improved.

(III) Promoting Work Development

The education of advancing the rule of law comprehensively should be connected with deepening the reform of system of attorneys. During the process of the education, we should implement the spirit of reform and guide and promote attorney-related work with the socialism concept of rule of law; the education should be connected with strengthening the practice of attorneys and professional ethics; we should adhere to strict management and management in compliance with the law, and further improve the overall quality of attorneys; the education should be connected with strengthening the construction of Party structure among attorneys; we should establish and improve the working mechanism that party organizations in law firms can play a role in decision-making and practice management, and rally as many attorneys as possible around the Party; the education should be connected with protecting the rights of attorneys and improving the working environment of attorneys; we should earnestly solve those institutional and mechanism barriers that constrain scientific development of attorneys, and create a favorable legal environment for the mass of attorneys so that they can give full play to their functions.

(IV) Doing Well in Summarizing and Publicity

Each law firm shall submit a written report on its education of advancing the rule of law comprehensively to district and county Bureaus of Justice prior to November 30. Bureau of Justice of each district or county shall submit a written report on its education of advancing the rule of law comprehensively to Municipal Bureau of Justice prior to December 5. Newspapers, websites, weibo, WeChat and other media should be applied fully to publicize various practices, experiences and results of the education, thus creating a strong atmosphere of public opinion. We should seek and establish a number of advanced figures who support the leadership of the CPC and the socialistic rule of law, and promote new trends and healthy atmosphere. At the same time, we should concentrate and expose a number of typical cases of illegal practice, carry out warning education and create a favorable social environment for the healthy development of attorneys.

 


Office of Shanghai Bureau of Justice               Published and Issued on July 20, 2015