Article 4 Advertisements shall not contain false or misleading contents, and shall not deceive or mislead consumers. Advertisers should be responsible for the authenticity of advertising content.
Article 9 An advertisement shall not have the following circumstances: (1) Use or disguise National Flag of the People's Republic of China, national anthem, national emblem, military flag, military song or military emblem; (2) using or using in disguised form the name or image of a state organ or a functionary of a state organ; (3) using terms such as "national level", "highest level" and "best"; (four) damage the dignity or interests of the state, revealing state secrets; (5) Obstructing social stability and harming public interests; (6) endangering personal and property safety and revealing personal privacy; (7) Obstructing public order or violating good social customs; (8) Containing obscenity, pornography, gambling, superstition, terror and violence; (9) Contents containing ethnic, racial, religious and gender discrimination; (ten) hinder the protection of the environment, natural resources or cultural heritage; (eleven) other circumstances prohibited by laws and administrative regulations.
Article 13 Advertisements shall not belittle the goods or services of other producers or operators.
Article 31 Advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities.
Two. Measures for the Administration of Law Firms (revised on 20 18)
Article 45 A law firm shall compete fairly with other law firms, and shall not engage in business by such improper means as slandering other law firms and lawyers or paying referral fees.
Article 50 A law firm shall perform its management duties according to law, educate and manage lawyers to undertake business according to law and standardize, strengthen the supervision and management of lawyers' practice activities, and shall not allow or condone lawyers to engage in the following acts:
(1) Inciting, instigating, organizing parties or other personnel to sit in the judicial organs or other state organs, holding placards, banners, shouting slogans, supporting, watching and other illegal means to disturb public order, endanger public safety, gather people to make trouble, create influence, and put pressure on relevant departments;
(2) making distorted and misleading propaganda and comments on the case that he or other lawyers are handling, and maliciously speculating on the case;
(3) creating pressure from public opinion, attacking and slandering the judicial organs and the judicial system by organizing a group in series, signing a joint name, publishing an open letter, organizing an online meeting, expressing solidarity, etc. Or in the name of case study;
(4) After being notified by the people's court, refusing to appear in court to participate in the proceedings without justifiable reasons, or violating the rules of the court and withdrawing from court without authorization;
(5) Gathering people to make trouble, storming the court, insulting, slandering, threatening or beating judicial personnel or participants in litigation, denying the nature of a cult organization recognized by the state, or committing other acts that seriously disrupt the court order;
(6) publishing and disseminating remarks that negate the fundamental political system and basic principles established by the Constitution and endanger national security, using the Internet and media to incite dissatisfaction with the party and the government, initiating or participating in organizations that endanger national security, or supporting, participating in or implementing activities that endanger national security; By distorting the truth, it obviously violates social public order and good customs. , make malicious remarks to slander others, or make remarks that seriously disturb the order of the court.
Three. People's Republic of China (PRC) Lawyers Law (revised on 20 12)
Article 26 Law firms and lawyers shall not engage in business by slandering other law firms and lawyers or paying referral fees.
Article 27 A law firm shall not engage in business activities other than legal services.
Article 50 If a law firm commits any of the following acts, it shall be given a warning by the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and be suspended for rectification for more than one month and less than six months, and may also be fined less than 100,000 yuan. Illegal income, confiscate the illegal income; If the circumstances are particularly serious, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the practice certificate of the law firm:
(1) Accepting entrustment or charging fees in violation of regulations; (two) in violation of legal procedures to change the name, person in charge, articles of association, partnership agreement, domicile, partners and other major issues; (3)
Engaged in business activities other than legal services.
; (4)
Defaming other law firms and lawyers or paying referral fees to undertake business;
(5) Accepting cases with conflicts of interest in violation of regulations; (6) Refusing to perform the obligation of legal aid; (7)
Providing false materials to the judicial administrative department or committing other fraudulent acts;
(eight) dereliction of duty in the management of lawyers in this firm, resulting in serious consequences.
If a law firm is punished for the illegal acts mentioned in the preceding paragraph, it shall give a warning or a fine of less than 20,000 yuan to the person in charge, depending on the seriousness of the case.
Four. Measures for the Administration of Lawyers' Practice (revised on 20 16)
Article 38 Lawyers shall perform their duties in accordance with legal procedures, and shall not affect the handling of cases according to law in the following improper ways:
(a) without the entrustment of the parties or the assignment of legal aid agencies, providing legal services to the parties in the name of lawyers, interfering with cases and interfering with handling cases according to law;
(2) making distorted and misleading propaganda and comments on the case that he or other lawyers are handling, and maliciously speculating on the case;
(3) creating pressure from public opinion, attacking and slandering the judicial organs and the judicial system by organizing a group in series, signing a joint name, publishing an open letter, organizing an online meeting, expressing solidarity, etc. Or in the name of case study;
(four) in violation of the provisions of the disclosure, dissemination of information, materials or I, other lawyers in the process of handling the case obtained important information and evidence related to the case.
Verb (short for verb) "
Professional ethics and practice discipline of lawyers
》
(Revised in 2002)
Article 21 A lawyer shall not publicize to his clients that he has relatives and friends with law enforcement officers and related personnel who have jurisdiction, and shall not use this relationship to solicit business.
Article 43 Lawyers and law firms may introduce their business fields and professional expertise in the following ways:
1. Laws can be popularized through written works, seminars, briefings, etc. , publicize your professional field and recommend your professional expertise;
2 advocate and encourage lawyers and law firms to participate in social welfare activities.
Article 44 Lawyers shall not engage in unfair competition in the following ways:
1. Do not solicit business by belittling the professional ability and level of peers;
2. Do not provide or promise to provide kickbacks to undertake business;
3. Do not use news media or other means to provide false information or exaggerate their professional ability;
4. It is not allowed to print various academic, academic and non-lawyer titles, social positions and honors on business cards;
5. Don't compete for legal affairs at a cost level significantly lower than that of peers.
Code of conduct for lawyers with intransitive verbs (for Trial Implementation) Article 6 Lawyers shall be loyal to the Constitution and laws, and strictly abide by lawyers' professional ethics and practice discipline.
Lawyers shall not use their status as lawyers or in the name of law firms to speculate on cases, attack the socialist system, engage in activities that endanger national security, incite, instigate or organize relevant interest groups, interfere with or disrupt normal social order, or instigate or instigate parties to collude with each other to forge evidence and interfere with normal judicial activities.
Eighteenth lawyers and law firms can publicize lawyers and law firms and their business fields and professional expertise through advertisements according to law.
Nineteenth lawyers and law firms can publicize their professional fields by publishing academic papers, case analysis, answering special topics, holding lectures, popularizing law and other activities.
Twentieth lawyers and law firms can publicize their professional expertise by holding or participating in various forms of special topics and professional seminars.
Twenty-first lawyers can participate in various public welfare activities in the name of individuals or their law firms.
Article 22 Lawyers and law firms shall not engage in unfair competition in business promotion.
Article 26 Lawyers' advertisements may be published in the name of lawyers or law firms. An advertisement for a lawyer published in the name of a lawyer shall indicate the name of the practice institution where the lawyer is located and the lawyer's practice license number.
Twenty-seventh in any of the following circumstances, lawyers and law firms shall not publish lawyers' advertisements:
(1) Failing the annual assessment;
(2) Being in the punishment period of stopping practicing or suspending business for rectification;
(3) It has been publicized in informed criticism for less than one year. (3) It has been publicized in informed criticism for less than one year.
Article 28 The content of a lawyer's personal advertisement shall be limited to the lawyer's name, portrait, age, sex, education background, degree, major, date of lawyer's practice license, name of the law firm where he works, and practice period of the law firm where he works; Charging standard and contact information; The business scope of legal services that can be provided to the society according to law; Practice acting.
Article 29 The contents of the advertisement of a law firm shall be limited to the name, domicile, telephone number, fax number, postal code, e-mail address and website of the law firm; Bar Association; Brief introduction of practicing lawyers in the law firm and the scope of legal services that can be provided to the society according to law; Practice acting.
Thirtieth lawyers and law firms shall not publish advertisements in a way that violates the lawyer's mission and damages the lawyer's image, and shall not use the artistic exaggeration of general commercial advertisements to publish advertisements.
Article 31 A lawyer's advertisement shall not contain any content that violates the Provisions of the Lawyers Association on the Administration of Lawyers' Advertisements.
Article 32 Lawyers and law firms shall not conduct propaganda that distorts facts and laws or may make the public have unreasonable expectations of lawyers.
Article 33 Lawyers and law firms may publicize a certain professional legal service field they are engaged in, but they shall not declare or imply that they are recognized or proved to be authorities or experts in a certain professional field.
Article 34 Lawyers and law firms shall not conduct comparative publicity among lawyers or law firms.
Article 79 Any of the following circumstances is an act of unfair competition in the practice of lawyers:
(1) Defaming or defaming the reputation and reputation of other lawyers or law firms;
(two) without justifiable reasons, to compete for business on the condition that it is lower than the charging standard of the same industry in the region, or to compete for business by promising kickbacks, gifts of money, property or other benefits to customers, intermediaries and referees;
(3) Deliberately creating disputes between clients and their agents;
(4) Express or imply to the client that he or her law firm has a special relationship with judicial organs, government organs, social organizations and their staff;
(5) making false promises about legal services or litigation results;
(six) express or implied can help the client to achieve improper purposes, or by improper means to achieve the purpose of the client.
Article 84 Lawyers and law firms shall not use social proper names or well-known names without authorization or illegally, as well as signs, graphic characters and codes representing their names, to confuse and mislead clients.
Social proper names and well-known names mentioned in this specification refer to:
(1) Names of relevant political parties, judicial organs, administrative organs and trade associations;
(two) the name of the law school or scientific research institution with high social visibility;
(3) Names of public figures who are not lawyers and are well known to the public;
(4) Names of well-known lawyers and law firms.
Article 85 Lawyers and law firms shall not forge or falsely use the honorary title of legal service. If the honorary title of legal service of lawyers and law firms has been used, the time and time limit for obtaining it shall be indicated. Lawyers and law firms shall not change the honorary titles they have obtained for advertising. If a law firm is revoked, its original honorary title may not be used any more.
Seven. Code of Conduct for the Promotion of Lawyers' Business in all china lawyers association (for Trial Implementation) Article 2 The promotion of lawyers' business mentioned in this Code refers to the behavior of lawyers and law firms to release legal service information to the society by themselves or by entrusting others in order to expand their influence, undertake business and establish their brands.
Lawyer business promotion mainly includes the following ways:
(1) Publishing personal advertisements of lawyers and advertisements of law firms;
(2) Establishing, registering and using Internet media such as websites, blogs, WeChat official accounts and LinkedIn;
(three) printing and using business cards, brochures and other text or audio-visual materials with the nature of business promotion;
(4) publishing books and articles;
(5) Organizing, participating in and funding meetings, appraisals and selection activities;
(six) other business promotion methods that can be spread to the public.
Article 4 Lawyers' service advertisements refer to legal service information published by lawyers and law firms through advertising agents.
Company lawyers, public lawyers and public law firms shall not publish advertisements for lawyer services.
Part-time lawyers who publish advertisements for lawyer services shall state their status as part-time lawyers.
Article 5 Lawyers and law firms shall not publish advertisements for lawyer services under any of the following circumstances:
(a) did not participate in the annual assessment or the annual assessment is unqualified;
(2) During the period of suspension of membership, suspension of practice or suspension of business for rectification, and the expiration of the period is less than one year;
(3) It has been made public in informed criticism for less than one year;
(4) Other circumstances in which advertising is not allowed.
Article 6 The business publicity information released by a lawyer shall clearly indicate the lawyer's name, lawyer's practice license number and the name of the law firm where he works, and may also include the lawyer's portrait, age, sex, education, degree, years of practice, lawyer's professional title, honorary title, law firm's charging standard, contact information, business scope, professional field and professional qualification of legal services that can be provided to the society according to law.
Article 7 The business publicity information released by a law firm shall clearly indicate the name and practice license number of the law firm, and may also include the address, telephone number, fax number, e-mail address, website address, official WeChat account number and other contact information of the law firm, as well as a brief introduction of the honorary title of the law firm, the charging standards of its affiliated lawyers association and law firm, and the business scope of legal services that can be provided to the society according to law.
If the business promotion information of a law firm contains personal information of lawyers, it shall comply with the provisions of Article 6 of these Rules.
Article 8 Where the business publicity information of lawyers and law firms contains honorary titles, the time and institution for awarding honorary titles shall be specified.
Article 9 Lawyers and law firms may publicize their professional legal services, but they may not claim or imply that they are recognized experts or expert units in a certain professional field.
Article 10 Lawyers and law firms shall not commit any of the following acts when conducting business:
(a) false, misleading or exaggerated publicity;
(2) It is inconsistent with the registered information;
(3) having a special relationship with judicial organs, government organs, social organizations, intermediary institutions and their staff, either explicitly or implicitly;
(four) demeaning other law firms or lawyers; Or conduct comparative publicity with other law firms and other lawyers;
(5) The result of handling the case;
(six) the announcement of the winning rate, the amount of compensation and the target amount. It may make the public have unreasonable expectations for lawyers and law firms;
(seven) express or implied to provide kickbacks or other benefits;
(eight) no fees or reduced fees (except legal aid cases);
(9) Publishing customer information without the customer's permission;
(ten) words, patterns, pictures and audio-visual materials that are not commensurate with the profession of lawyers;
(eleven) using the position of the Bar Association to engage in activities that do not perform the duties of the Bar Association;
(12) using the names of China, China, China and foreign countries, or using the names of international organizations, state organs, government organizations and trade associations without consent;
(thirteen) other prohibited contents stipulated by laws, regulations, rules and industry norms.
Eleventh it is forbidden to publish business promotion information in the following ways:
(1) Making and publishing business promotion information in an artistic exaggeration way;
(two) posting and distributing commercial promotional information in public places;
(three) through telephone, letter, SMS, email and other means to promote business. ;
(4) Publishing business promotion information in the form of billboards, mobile advertisements and electronic information display boards near courts, procuratorates, detention centers, public security organs, prisons and arbitration committees;
(five) other business promotion methods that are detrimental to the professional image of lawyers and the overall interests of the lawyer industry.
Eight. Rules of all china lawyers association Municipality on Cases of Prohibiting Illegal Speculation (Trial) Article 4 Lawyers and their law firms shall perform their duties according to law, and shall not speculate cases in violation of regulations in the following ways:
(a) by signing, publishing an open letter, organizing online meetings, solidarity and other means. , or in the name of case study, create pressure from public opinion and affect the handling of cases according to law;
(two) through the media, from the media and other platforms for distorted and misleading publicity and comments on the case, through forwarding, comments and other ways to speculate on misleading, false and speculative information;
(3) Insulting or slandering the case-handling personnel, the opposing party and other participants in the proceedings, or distorting or vilifying the image of the case-handling personnel, the parties and other participants in the proceedings through improper means such as revealing the privacy of the case-handling personnel, the parties and other interested parties;
(4) Illegally disclosing personal information of minors involved in juvenile cases, or propagating, inciting public opinion and creating influence in non-juvenile cases with juvenile cases as a gimmick;
(five) inciting or instructing the parties or other personnel to make improper comments on the case through the Internet and other media, creating influence and putting pressure on the case-handling organ;
(six) other illegal speculation in an improper way.
Article 8 Lawyers and law firms shall make comments on major decision-making arrangements, public events and law-related issues of the Party and the state in accordance with the law, objectively, fairly and prudently, and shall not engage in illegal speculation in the following ways:
(1) Spreading remarks that violate the Party's line, principles and policies, denying the leadership of the Producers' Party in China, denying the rule of law in Socialism with Chinese characteristics, and attacking and slandering the major decision-making arrangements of the Party and the state;
(two) to create public opinion, incite dissatisfaction with the party and the government, and intensify social contradictions;
(3) Obviously violating social public order and good customs;
(4) making statements inconsistent with the professional status of lawyers, which seriously damages the professional image of lawyers.
Article 9 When lawyers and law firms express their opinions in the form of words, audio and video on the media, self-media and other platforms, they shall check the authenticity of the information, ensure that the opinions are professional and legal, and shall not damage the professional dignity and professional image of lawyers.