Report Of The Zunyi Judicial Bureau On The Withdrawal Of Counsel'S Report Of Innocence

The Judicial Bureau of Zunyi, Guizhou province has drawn up some regulations for standardizing the reporting system of major matters in Lawyers' work (hereinafter referred to as the "Regulations"), requiring lawyers and law firms to report to major judicial bureaus when handling major cases.

In particular, it is pointed out that cases of innocence or change of charges need to be reported and criticized.

Three lawyers from Li Guisheng, Zhou Lixin and Yang Mingkua applied for information disclosure to the Zunyi Municipal Judicial Bureau. The Zunyi Judicial Bureau replied to the three lawyers in January 30th: "in view of the controversy over the provisions, the decision was withdrawn."

The Zunyi Judicial Bureau also expressed its thanks to three lawyers and welcomed the continued attention and supervision. Yang commended the Zunyi Judicial Bureau on the micro-blog, saying that "public power is no longer willful", and lawyer Zhou Ze also praised micro-blog for its "good deeds".

According to the original provisions, the defendant may be sentenced to death, to plead guilty or not to change his accusation, to involve in a large number of cases, to involve in party and government leading cadres at or above the county level, to supervise or investigate or handle matters at the provincial level or above, to pay attention to news media, and to have significant social effects, such as criminal cases involving groups, involving the construction of key state projects and the contentious subject matter of more than fifty million yuan. The parties to the litigation are civil or administrative cases involving governments above the county level, involving Taiwan, foreign affairs, and involving major public interests. Lawyers or law firms must report to the judicial administrative organs, otherwise they may be criticized, instructed, ordered to make written checks, and criticized, and so on, which are likely to be subject to administrative penalties.

The regulations were issued in December 22, 2014. After being forwarded by Zunyi Law Association's official website in mid January 2015, they aroused concern on the Internet.

(report of fortune new network: Lawyer's innocence defense must be reported to the judiciary for being accused of breaking the law).

According to the Zunyi Municipal Judicial Bureau, the provisions are based on the relevant provisions of the law of lawyers, the management of law firms, and the practice of lawyers' management. In fact, the law of lawyers and the practice of lawyers' management do not require major cases to be reported to the judicial administrative organs.

Xu Xin, a professor at Beijing Institute of Technology law school, and Zhou Ze, a lawyer from Beijing ask law firm, told the new financial reporter that "Regulations" are administrative powers exceeding powers.

"The law of public power can not be authorized." the legal function of the judicial administrative organ is to conduct macro supervision and guidance to the legal profession, and do not have the right to manage what kind of defense the lawyer should make. The reporting system makes lawyer's defense into the category of "examination and approval" and increases the liability of lawyers and law firms.

Zhou Ze said that the Zunyi Judicial Bureau formulated the "Regulations" for alleged illegal acts of abstract administration. If the administrative penalty for specific lawyers or lawsuits that did not comply with the rules in the future, administrative penalties would be suspected for specific administrative offenders, and the Zunyi judicial bureau should be required to revoke administrative penalties and regulations in administrative proceedings.

Zhou Ze suggested that the Zunyi Municipal Judicial Bureau take the initiative to withdraw the regulation.

Yang Mingkua's lawyer criticized the Zunyi judiciary as a "legal blind institution"? "Is the executive power a private domain?" and two lawyers, including Li Guisheng and Zhou Lixin, applied for information disclosure to the Zunyi Judicial Bureau.

The Zunyi Justice Bureau replied to the three lawyer, "my bureau attaches great importance to it and earnestly studies it in accordance with the principle of administration according to law."

Caixin reporter called Liu Aixia, party secretary and director of the Zunyi Judicial Bureau, to comment on the matter but did not receive any response.

In fact, a Zunyi lawyer told Caixin reporter that a major case reporting system, such as criminal cases such as innocence defended, had already existed in Zunyi.

Major cases have been reported in many parts of the country.

It is necessary to report to the judicial administrative organ for handling major cases such as sensitivity, group, involvement in foreign affairs and foreign affairs.

At the beginning of 2014, the Provincial Justice Department announced that "all the judicial administrative organs in the province have issued lawyers, notaries and grass-roots legal service workers to handle related information systems such as early warning and reporting of major and sensitive cases".

The judicial administrative organs of Wuxi, Nantong, Xuzhou, Huaian and other cities in 2013 received nearly 270 reports on major issues.

This system can be traced back to the "guidance on lawyers handling group cases" issued by the National Lawyers Association in March 20, 2006.

The group of cases is defined as a joint lawsuit or non litigation arising from the same or similar facts or legal problems. Land acquisition expropriation, housing demolition, reservoir resettlement, enterprise restructuring, environmental pollution and rights protection of rural migrant workers are more common.

The number of cases is not sufficient for group cases, but we also comply with this opinion for domestic and foreign concerns.

The opinion mentioned that China is in an important period of building a harmonious socialist society at present and for some time to come. Handling mass cases correctly is very important for building a harmonious society.

The introduction of the opinions is "to play the positive role of lawyers in maintaining social stability and promoting the building of socialist legal system in group cases, to protect lawyers' practicing rights and to better safeguard the legitimate rights and interests of the litigants."

The idea was put forward.

And the system of collective discussion, etc., stipulates that the lawyers' Association and judicial administrative organs have the right to know the situation of lawyers in handling cases and make suggestions.

In 2006, the Department of justice of Henan Province, following the opinions of the National Association of lawyers, issued the "opinions on strengthening guidance and supervision of lawyers in handling major, sensitive and group cases". It is pointed out that strengthening the guidance of lawyers in handling major, sensitive and mass cases is one of the main tasks of the judicial administrative organs, and stresses the "three permissible": it is not allowed to appear sensitive cases of solicitor agents to promote the expansion of events, or to use media to raise events that cause adverse effects of public opinion at home and abroad; and it is not allowed to encourage people to antagonism or cause mass incidents with the government; it is not allowed to take the case of proxy cases to attack the party and the socialist system and attack the existing judicial system.

Lawyers have expressed fierce opposition to the guidance of the National Lawyers Association, criticizing its "no legal basis" and "limiting the right of lawyers to defend".

But supporters believe that guidance can regulate lawyers' behavior.

The opinion of the Supreme Procuratorate in Fangyuan law actually led to the phenomenon of "going to the lawyer" in group incidents.

In 2010, the National Law Association proposed that it should improve the system of lawyers handling group and sensitive cases, and revise the guiding opinions on Lawyers' handling of group cases, but no new rules have been promulgated since then.