|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
With a view to strengthening professional discipline on judges and lawyers in the litigation activities, regulating the correlation between judges and lawyers, and maintaining judicial justice, we hereby formulate the present Provisions in accordance with the Judge Law of the People's Republic of China, the Lawyer Law of the People's Republic of China and the relevant laws and regulations. Article 1. Judges and lawyers shall be loyal to the Constitution and laws in litigation activities, perform duties according to law, and maintain the dignity of law and authority of justice together. Article 2. Judges shall handle cases strictly in accordance with laws, be free from the interference made or influence imposed on the trial of cases by the parties and lawyers the parties entrusted by making use of various relations and by improper means. No lawyer shall, before acting as an attorney for a case and in the process of acting as an attorney, allege to the parties that he himself has any relation of relative or friend, schoolmate, teacher and student, or former colleague, etc. with the judges of the court that accepts the case, nor shall he interfere with or influence the trial of the case by making use of such relations or in any other form prohibited by law. Article 3. No judge may unilaterally meet any party or the lawyers they entrust in private. No lawyer shall unilaterally meet judges in violation of provisions. Article 4. Judges shall strictly implement withdrawal system, if they have any relation of relative or friend, schoolmate, teacher and student, former colleague, etc. with the lawyers entrusted by the parties of the instant case, which may influence the fair judgment of the case, they shall apply for withdrawal on their own initiatives, and the president of the court or the judicial committee shall determine whether they should withdraw or not. Where a lawyer is prohibited from acting as an agent ad litem or defender due to legal reasons or according to the relevant provisions, he or she shall refuse the entrustment of the parties or cancel the entrustment contract. Article 5. Judges shall strictly implement the open trial system, and inform the parties and the lawyers they engage according to law of the relevant information concerning the trial of the instant case, but shall not reveal the secret of the trial. No lawyer may inquire about the details of a case by various illegal means, or mislead the litigation act of any party in violation of law. Article 6. No judge shall recommend or introduce any lawyer to any party as an attorney or defender, or suggest that any party alter the lawyer who undertakes the case, or introduce such legal service business as agent or advocacy to any lawyer, nor shall he/she provide consultation opinions or legal opinions to any party or their lawyers. No lawyer may expressly suggest or give hint to any judge to ask him to introduce such legal service business as agent or advocacy etc. for him/her. Article 7. No judges shall ask for or accept gifts, money, or securities, etc., from any party or their lawyers£¬nor shall they ask for or accept gifts or money as gifts from lawyers in the name of events such as marriage or funeral, and attend the banquet given by any party or their lawyers, nor shall they ask for or accept the investment of any party or their lawyers in fitment of houses, purchasing commodities or carrying out of various entertainment or tourism activities, ask any party or their lawyers for reimbursement on any expenditure, and nor shall they borrow vehicles or communication facilities or other goods from any party or their lawyers. The attorney entrusted by any party shall not present gifts, money or securities to any judge or his/her close relatives by making use of events such as marriages or funerals, nor shall he give banquets or give presents, bribes to judges, incite or induce any party to present gifts or make bribery, nor shall they fit houses, purchase commodities for judges or invite judges to take part in entertainment or tourism activities, nor shall he reimburse any expenses of the judges, lend vehicles, communication facilities or other goods to judges. Article 8. No judges shall ask for property or other interests from any party by asking or making suggestions to the lawyer. The attorney entrusted by any party shall not ask for property or other interests from the parties in the name of any judge or by reason of contacting or thanking the judge. Article 9. Judges shall strictly observe the time limit for trial prescribed by laws, arrange for trial affairs properly, and abide by the time of the session. Lawyers shall strictly observe the time limit for submitting litigation documents required by law and other relevant procedural provisions, and abide by the time of the session. Neither judges nor lawyers may postpone the session by any excuse. Where a judge fails to hold a court on schedule due to justifiable reasons, or a lawyer is unable to appear in court on time with justifiable reasons, the people's court shall rearrange time for holding the court under the condition of not influencing the time limit for trial of the case, and notify the parties and their lawyers in time. Article 10. A judge shall, in the process of court hearing, carry out trial activities strictly in accordance with the legally prescribed litigation procedures, respect the practicing right of a lawyer, and hear the opinions of the two parties of the litigation earnestly. Lawyers shall abide by the court rules voluntarily, respect the authority of judges, and perform their duties of advocacy or an agent. Article 11. Judges and lawyers shall strictly abide by the judicial protocol in litigation activities, and keep favorable appearances, and behave politely. Article 12. Where a judge has any act in violation of the present Provisions, the lawyers may reflect it to the relevant people's court by himself or through the administrative department of justice or lawyers associations, or report with his name signed on, and propose opinions on prosecuting for the party discipline, political discipline or legal liabilities of the judge who disobeys the discipline. Where a lawyer has any act in violation of the present Provisions, the judge may reflect it to the relevant people's courts directly or through the relevant administrative departments of justice or lawyers associations, or report to them with his/her name signed on, or put forward judicial suggestions on imposing vocational punishment, administrative punishment or prosecuting for legal liabilities. Article 13. Where any party or any outsider finds out that any judge or lawyer has any act in violation of the present Provisions, he/she may reflect or report it with his/her name signed on to the relevant people's courts, administrative department of justice, disciplinary inspection and supervision departments or lawyers associations. Article 14. The people's courts, administrative departments of justice, and lawyers associations shall, for the acts of judges or lawyers in violation of the present Provisions, impose punishment in accordance with the relevant laws, regulations or provisions and in light of the circumstances. If a crime is constituted, they shall be prosecuted for criminal liabilities according to law. Article 15. The present Provisions shall be followed for discipline on judges and lawyers in their execution of cases. The relevant contents of the present Provisions shall be referred to for discipline on other staff members of the people's court and the auxiliary personnel of lawyers. Article 16. The Supreme People's Court and the Ministry of Justice shall be responsible for the interpretation of the present Provisions. Article 17. The present Provisions shall be implemented as of the date of promulgation. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|