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Provisions of all china lawyers association Municipality on Prohibiting Cases of Illegal Speculation (for Trial Implementation)

20211KLOC-0/5 The second (enlarged) meeting of the 10th Standing Committee of the National Lawyers Association was considered and adopted.

Article 1 In order to further strengthen the construction of lawyers' professional ethics and practice discipline, prevent lawyers from influencing the handling of cases according to law through illegal speculation, maintain a good practice environment of honesty and justice, maintain the image of the industry and safeguard judicial justice, these Rules are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) and the Articles of Association of all china lawyers association.

Article 2 The right of lawyers handling cases to express their opinions on agency and defense in the course of litigation is protected by law, except those that endanger national security, maliciously slander others, and seriously disturb the order of litigation and court.

Article 3 If a lawyer's right to express his opinions on agency and defense is improperly hindered or violated by law, he has the right to ask the case-handling organ to correct it. If the case-handling organ fails to correct it, the lawyer may apply to the Lawyers Association for safeguarding the right to practice, or complain to the case-handling organ or its superior organ. The lawyers association shall, on the basis of investigation and verification, coordinate the relevant departments to deal with it according to the law and regulations, and inform the lawyers of the results in time. In view of the situation that hinders lawyers from exercising their right to practice according to law, lawyers may also file a complaint with the people's procuratorate responsible for legal supervision in accordance with relevant regulations.

Article 4 Lawyers and their law firms shall perform their duties according to law, and shall not speculate on 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 5 When hearing a case in public, the lawyer in charge shall not disclose or disseminate important information and evidence materials obtained through interviews, marking papers, investigation and evidence collection and other professional activities that may affect the handling of cases according to law. Unless permitted by law, the lawyer in charge of a case that is not tried in public shall not disclose or disseminate the case information and materials.

The lawyer handling the case shall not disclose the above information and materials in disguised form through the parties or others.

The law firm where the lawyer handling the case is located and other lawyers who know the case can refer to it.

Article 6 Without the permission of the court, the lawyer handling the case shall not record, video or photograph the trial activities, and shall not (directly) broadcast the trial information; The details and circumstances of the closed trial shall not be disclosed to the public through interviews, writing articles, making comments or other means.

Article 7 After the trial of a case is over, if a lawyer or law firm thinks that the effective judgment is indeed wrong, it shall guide the parties to solve it through legal procedures according to law. It is not allowed to create public pressure for subsequent legal procedures such as retrial, protest and appeal through illegal speculation.

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.

Article 10 A law firm shall strictly perform its management duties, establish and improve its internal management system, prohibit lawyers from speculating cases in violation of regulations, and promptly correct any problems found.

Lawyers' associations should strengthen the training of lawyers' professional ethics and practice discipline, educate and guide lawyers to clarify the bottom line and red line of practice, practice in good faith according to law, and consciously resist illegal speculation.

Lawyers and law firms that violate these rules shall be supervised and managed by their local lawyers' associations through active investigation or investigation and handling according to complaints.

After receiving the notice from the people's court, the people's procuratorate, the public security organ and other case-handling organs that lawyers engage in illegal speculation, the lawyers' association shall conduct an investigation and give timely feedback on the results.

Article 11 If a lawyer or law firm violates the provisions of these Rules, the Lawyers' Association shall notify the lawyer or law firm to make corrections within a time limit, and give corresponding disciplinary sanctions according to the Code of Practice for Lawyers, Rules for Punishment of Violations by Members of the Lawyers' Association (Trial) and other industry norms.

If a lawyer or law firm commits relevant illegal acts and should be given administrative punishment, the lawyers' association shall advise the judicial administrative organ in writing to make corresponding administrative punishment and hand over relevant evidence materials.

Twelfth the Standing Council of all china lawyers association shall be responsible for the interpretation of these rules.

Thirteenth these rules shall come into force as of the date of promulgation.