Jinan Lawyers Integrity Education Mobilization Conference Held Ceremoniously Jinan Lawyers Association President Wang Guangren Attended and Delivered Important Speech
Published:
2004-11-15
In order to welcome the convening of the 16th National Congress of the Communist Party of China and implement the "Implementation Outline for Citizen Moral Construction" proposed by the Party Central Committee, in accordance with the spirit of the Ministry of Justice's "Notice on Accelerating the Establishment of Lawyers' Integrity System", combined with the current situation of lawyers in Jinan City, the Municipal Bureau of Justice The office meeting and the office meeting of the president of the Municipal Lawyers Association decided that the city's lawyers' integrity education mobilization meeting was held on November 2. Gong Qiushui, director of Jinan Municipal Bureau of justice, Rong Shuang, director of lawyer management office of Shandong Provincial Department of justice, and Wang Guangren, President of Jinan Lawyers Association, attended the meeting and made important speeches. huang keyun, deputy director of the jinan municipal bureau of justice, attended and presided over the meeting. Leading comrades of the municipal court and procuratorate attended the meeting.
In order to enable the city's lawyers to effectively carry out the centralized education activities of honest practice, Wang Guangren, president of the Municipal Bar Association, conveyed the "implementation Plan of the centralized Education activities of honest practice of lawyers in Jinan". The implementation plan is divided into five parts:
1. guiding ideology
Guided by General Secretary Jiang Zemin's important thought of "Three Represents" and the spirit of the 16th National Congress of the Communist Party of China, based on the "Lawyers Law" and "Lawyers' Professional Ethics and Practice Discipline Regulations", based on the "Jinan City Lawyers' Integrity Practice Code of Conduct (Trial)" as the standard, with the goal of "building a credit lawyer office and being an honest lawyer, in-depth development of lawyer integrity practice education activities with the main content of" loyalty to the law, maintenance of justice, honesty and trustworthiness, diligence, fair competition, and strict self-discipline "among lawyers in the city, further standardize lawyers' practice behavior, and increase lawyers' practice supervision. Speed up the construction of the lawyer credit system, establish a good social image of the lawyer team, and form a strong atmosphere of" honesty is glorious, dishonesty is shameful, promote the rapid and healthy development of the city's lawyers.
The Content of the Centralized Education of Honest Practice of 2. Lawyers
The implementation of the lawyer's integrity system is an effective means to regulate the practice of lawyers. In this centralized education activity of lawyer's integrity practice, all units should organize lawyers to seriously study the code of conduct for lawyer's integrity practice in Jinan City (for Trial Implementation), and focus on solving the following problems in view of the reality of lawyer's practice activities:
1. Political awareness and overall awareness are weak. A small number of Party members have a poor organizational concept, do not play an exemplary and leading role, and show a low profile in the face of major right and wrong;
2. In the process of handling the case, the lawyer promises to make a wish to the client at will, collects the handling fee privately in violation of the regulations, and does not perform his duties on behalf of the case;
3. Lawyers collect fees without permission, or charge indiscriminately in accordance with regulations, do not sign agency contracts with the parties and issue service announcements to the parties, use the convenience of providing legal services to seek the rights and interests of the parties in dispute, or accept the property of the other party;
4, one-sided pursuit of economic benefits. Law firms only emphasize the marketization of the lawyer profession, ignore the responsibility of management and serving the public interest, blindly pursue major cases and make a lot of money, and deviate from the lawyer's professional ethics and practice discipline;
5. Lawyers do not seriously investigate and collect evidence in handling cases, handle cases based on impression or experience, and even provide false evidence and false legal opinions;
6. The internal management of the law firm is chaotic, the rules and regulations are not implemented, the partners and partners are not united, and even belittle each other and engage in unfair competition.
All law firms should check and contrast one by one according to the above-mentioned problems, find the right position, and make sure that if there is something to change and if there is nothing to encourage. At the same time, it is necessary to further improve various rules and regulations, especially to focus on the core issue of honest practice, and focus on the implementation of the following systems: First, establish a lawyer information network and a law firm credit supervision mechanism, and implement credit file cards. The second is to improve the publicity system. Law firms must follow the requirements of the "five disclosures" and achieve "five on the wall". That is, the content of lawyers' professional ethics and practice discipline, the charging standard, the complaint telephone number, the list of conduct supervisors and the name, photo and practice license number of practicing lawyers should be posted in the obvious position of the law firm. The contents of publicity should be accurate and standardized. The third is to establish a tracking and feedback system for the service quality of lawyers. When lawyers represent cases, they must ask the parties to fill in the evaluation card. When law firms pay taxes, the tax collection and administration department must sign the tax situation opinions. Fourth, the establishment of a lawyer's practice liability insurance system. Fifth, improve the system for investigating and handling complaints about lawyers' violations of discipline. Through the establishment and improvement of these systems, the cohesion and combat effectiveness of the lawyer industry will be enhanced, and the strength of self-discipline and self-regulation will be enhanced.
Methods and Steps of 3. the Centralized Education Activities of Honesty Practice
1. Mobilization and Learning Stage (November 9-15). All law firms should hold a mobilization meeting and make serious arrangements to make all lawyers fully understand the necessity and importance of this integrity practice education activity, and use symposiums, regular meetings and other forms to consciously unify the deployment of this activity in thought and action. It is necessary to formulate practical and concrete implementation opinions in the light of the actual situation of the unit. During the education period, it is scheduled to be a study day every Saturday, all law firms organize all practicing lawyers to study carefully General Secretary Jiang Zemin's expositions on the "Three Represents" and the documents of the 16th National Congress of the Communist Party of China, the Outline for the Implementation of Civic Morality Construction, the Ministry of Justice's Several Opinions on Further Promoting the Reform of Lawyers' Work, the Code of Lawyers' Professional Ethics and Practice Discipline, and the Outline for the Five-Year Development of China's Lawyers (2002-2006). As well as the Provincial Department of Justice "Implementation Opinions on Further Promoting the Reform of Lawyers' Work", "Jinan City Lawyers' Integrity Practice Code of Conduct (Trial)" and other documents. On the basis of learning, each practicing lawyer should contact his own ideological reality and write an article of not less than 1500 words on the topic of "honesty, how to do a lawyer.
2. Self-examination phase (November 16-30). Each law firm should organize all practicing lawyers according to the situation of the firm, conduct self-examination according to the content of the centralized education of honest practice, compare item by item, and investigate problems. We should not make everyone pass the examination, but we should make everyone touch. The emphasis is on correcting the problems that lawyers consciously find out during the self-examination stage. General problems are not dealt with by organization and discipline, and major problems are dealt with lightly; problems that are not thoroughly investigated, reported or found after integrity practice education activities should be dealt with seriously. The lawyer himself shall write a self-examination report, which shall be reviewed by the whole lawyer assembly and the law firm shall issue an appraisal opinion. On the basis of lawyers' self-examination and in accordance with the requirements of centralized education activities for honest practice, all law firms shall write their own self-examination reports, which shall be submitted to the Office of the Leading Group for Educational Activities of the Municipal Bureau together with the lawyers' self-examination reports and appraisal opinions.
The Office of the Leading Group for Educational Activities of the Municipal Bureau and the judicial bureaus of counties (cities) and districts shall organize personnel to actively solicit opinions from the public, procuratorate, law and local taxation departments on the issue of lawyers' integrity practice, and promptly feedback the solicited opinions to relevant law firms.
3. Rectification phase (December 1-15). All law firms and their lawyers should formulate rectification measures for the problems found in the self-examination, and earnestly carry out self-correction and rectification. The problems of individual cases shall be dealt with fairly, and the common problems shall be discussed and studied by the general meeting of all lawyers, the rectification objectives and measures shall be worked out, and the rectification report shall be written and submitted to the Office of the Leading Group for Educational Activities of the Municipal Bureau.
4. Inspection and acceptance stage (December 16-26). The Office of the Leading Group for Educational Activities of the Municipal Bureau shall inspect and accept the educational rectification of each law firm. The criteria for inspection and acceptance are:(1) whether the law firm has seriously organized all lawyers to study the required honest practice education documents and materials; Whether all lawyers can participate in the centralized education activities of honest practice on time. (2) Whether the problems existing in the practice of lawyers and law firms have been found out. (3) Whether the problems found by lawyers and law firms have been seriously rectified. (4) Whether the law firm has perfected the internal management system.
The judicial bureaus of all counties (cities) and districts shall conduct a comprehensive inspection and acceptance of their law firms. The municipal lawyers' offices shall conduct self-examination of their units. The municipal bureau's law management office and the municipal law association shall conduct a comprehensive inspection. Units that fail to pass the inspection and acceptance shall make rectification within a time limit and conduct self-examination, self-correction and verification again. At that time, the municipal bureau's education activities leading group office will send personnel to guide. According to the situation of this centralized education activity, the city bureau will issue a special circular to commend the units and individuals that are good in verification and education. For units and individuals that are mere formality, incomplete investigation, missing items and many classes, they will be named, informed criticism and make up lessons.
4. organizational leadership
In order to do a good job in this centralized education activity of honest practice, the city bureau has set up a leading group with deputy director Huang Keyun as the group leader, director of the political department Li Fangming, president of the law association Wang Guangren as the deputy group leaders, and members of Zhang Yuliang, Zhou Ying, Han Guojun, Wang Minsheng, Fan Zuomin and Wang Huawei. The office of the leading group is located in the lawyer management office, with Zhang Yuliang as the director of the office and Wang Hua and Zhou Ying as deputy directors. The leading group is responsible for organizing and guiding the integrity practice education activities of lawyers in the city, and collecting, dispatching and supervising the progress of the centralized integrity practice education activities of all units.
5. a few requirements
1, strengthen the organization and leadership, pay close attention to the implementation of the work. Strengthening the construction of the lawyer's integrity system is an important part of rectifying and regulating the market economic order and accelerating the construction of the social credit system, and it is also a concrete manifestation of the social credit system in the lawyer industry. This is not only an important work at present, but also a long-term task. The county (city) and district justice bureaus, law firms and lawyers,
It is necessary to fully understand the importance and practical significance of establishing a lawyer integrity system under the new situation of the in-depth development of the market economy and China's accession to the World Trade Organization, and put this work on the important agenda. Effective methods, unremittingly carry out integrity practice education to ensure the smooth progress of this activity. The slogan of our educational activity is "honesty, integrity, justice and service".
2. Strengthen credit moral education and create an environment of integrity. All counties (cities), districts, and law firms must adhere to the important thinking of General Secretary Jiang's "Three Represents" and the spirit of the upcoming "16th National Congress of the Party" in the centralized education activities of lawyers' integrity practice. The "Lawyer Oath" issued by the Association is the practice requirement, and strive to do a good job of "three combinations". The first is to combine integrity practice education with lawyers' professional ethics and practice discipline education to strengthen their professional ethics awareness; the second is to combine integrity education with service work to win credibility with sincerity; the third is to integrate integrity education with the development of the ''Citizen Morality Construction "The Implementation Outline" is combined to enhance moral cultivation. To make "win credibility with sincerity and guarantee benefits with credibility" become the conscious behavior of the lawyer industry, so as to establish a good social reputation of lawyers.
3, further strengthen the supervision of the integrity of lawyers. It is necessary to make full use of the city's "two-combination" management system, increase administrative and industry management, and effectively complete the establishment of a credit system as an important task. It is necessary to establish a strict credit reward and punishment system, and treat law firms and lawyers with good credit. Lawyers must vigorously commend and reward; for law firms and lawyers who do not speak credit and destroy credit, they must increase penalties. For law firms that are not well managed, promptly issue warning notices and order rectification within a time limit. If the rectification is not in place, the practice will be suspended or the annual inspection will be suspended, and the public will be notified in a timely manner; the procuratorate, court, public security, taxation, price, news The media and other sectors of society provide feedback on the quality of legal services provided by lawyers, and as a system, put the integrity of lawyers' practice under social supervision.
4, strengthen investigation and research, and constantly summarize and improve. Speeding up the establishment of a good faith system is a complex systematic project, which should not only let lawyers set an example of good faith, but also promote the reform of the judicial system through the legal services of lawyers. At the same time, we must also see that the realization of the integrity of lawyers is inseparable from the construction of the credit system of the whole society. Therefore, in the process of establishing the integrity system, the judicial bureaus of all counties (cities) and districts and law firms should be good at discovering new situations, solving new problems, actively exploring effective working methods and methods, and putting forward work suggestions and new ideas. We must pay attention to cultivating models and summing up experience. Lawyers' integrity practice education is a long-term work. We must use this centralized education to promote the in-depth development of the city's lawyers' integrity practice education activities, so that the city's lawyers can develop Jinan's economy and maintain Play a greater role in social stability.
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