Regulations of Hainan Special Economic Zone on Lawyers

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) and relevant laws and regulations, combined with the actual situation of this special economic zone, in order to ensure lawyers' legal practice, standardize the management of lawyers, maintain the order of legal services, optimize the business environment, and give full play to the role of lawyers in the construction of Hainan Pilot Free Trade Zone and free trade port with China characteristics. Article 2 These Regulations shall apply to the practice of lawyers and activities related to the management of lawyers in this Special Economic Zone. Article 3 The provincial people's government shall incorporate the work of lawyers into the national economic and social development plan to ensure and promote the healthy development of the work of lawyers. Article 4 The judicial administrative department of the people's government at or above the county level shall guide and supervise lawyers, law firms and lawyers' associations according to law, and shall, together with relevant state organs, safeguard lawyers' practice rights according to law.

The judicial administrative department of the people's government at or above the county level shall, in accordance with the relevant provisions of the state and this province, conduct annual inspection and assessment of the practice and management activities of law firms, establish and improve the conversation reminder system and accountability mechanism for the person in charge of law firms, and urge the person in charge of law firms to strengthen the daily management and supervision of lawyers' practice activities.

The judicial administrative departments of the people's governments at or above the county level shall, in accordance with the law, implement unified management of legal service institutions and personnel within their respective administrative areas. A person who has not obtained a lawyer's practice certificate may not engage in legal services in the name of a lawyer; Unless otherwise provided by law, they shall not engage in litigation agency or defense business. Article 5 The judicial administrative department of the provincial people's government shall, according to the legal service demand of the construction of Hainan Pilot Free Trade Zone and China Free Trade Port, scientifically formulate the development plan of the lawyer industry, so as to realize the balanced development and rational distribution of the lawyer industry. Article 6 The judicial administrative department of the provincial people's government shall strengthen the credit management of lawyers, establish a credit information recording and inquiry system for lawyers and law firms, disclose the basic information of lawyers and law firms, and record the rewards and punishments, dishonesty and other information of lawyers and law firms in credit files. Article 7 Lawyers should safeguard the dignity of the Constitution and laws, the legitimate rights and interests of the parties, the correct implementation of laws and social fairness and justice. In practice, we should be honest and trustworthy, diligent and conscientious, take facts as the basis, take law as the criterion, and abide by lawyers' professional ethics and practice discipline.

Lawyers' right to practice according to law is protected by law, and no organization or individual may infringe on lawyers' right to practice according to law. Article 8 Lawyers and law firms shall perform their legal aid obligations in accordance with the relevant provisions of the state and this province, and participate in other public welfare legal services such as letters and visits, mediation and community work.

Lawyers and law firms that serve as legal advisers to state organs and people's organizations, participate in the reception and handling of letters and visits, and participate in mediation shall be listed in the catalogue of government-purchased services in accordance with relevant regulations. Article 9 Lawyers' Association is a legal person of social organizations and a self-regulatory organization of lawyers. It is legally registered and established to provide services for lawyers.

The lawyers' association shall establish and improve the internal governance structure, and establish and improve the mechanism of deliberation, decision-making, implementation and supervision.

The lawyers' association has the right to sue and report to the relevant departments any act that illegally hinders lawyers' practice and infringes on lawyers' legal personal rights and property rights. The relevant departments shall accept the complaints and reports of the lawyers association and reply to the lawyers association.

The judicial administrative department of the provincial people's government may order the lawyers association to make a wrong decision in violation of laws, regulations or its articles of association. Article 10 Any unit or individual has the right to complain to the judicial administrative department of the people's government at or above the county level and the lawyers' association about the acts of lawyers and law firms that violate the law, practice discipline and professional ethics in their practice. The judicial administrative department of the people's government at or above the county level and the lawyers' association shall deal with it in time and feed back the results to the complainant. Chapter II Lawyer Practice Article 11 An applicant for lawyer practice shall submit the following materials to the judicial administrative department of the provincial people's government in accordance with the relevant provisions of laws and regulations:

(1) A registration form for lawyer's practice application;

(2) The original and photocopy of the lawyer qualification certificate or legal professional qualification certificate;

(3) The original and photocopy of the resident identity card;

(four) the materials issued by the lawyers association that the applicant has passed the internship examination;

(5) A certificate issued by the law firm agreeing to accept the applicant.

The application for practicing as a lawyer shall be handled in accordance with the relevant provisions of the State Council. Article 12 The judicial administrative department of the provincial people's government shall, within two working days from the date of receiving the application materials for practicing as a lawyer, make a decision on whether to approve the practice. If a lawyer is allowed to practice law, he shall issue a lawyer's practice certificate to the applicant within two working days from the date of decision, and inform the judicial administrative department where the lawyer practices; If it is not allowed to practice, it shall notify the applicant and explain the reasons in writing. Article 13 Where a lawyer changes his practice in a practice institution, he shall apply to the judicial administrative department of the people's government where the transferred law firm is located, and the accepting department shall examine the application for change and the materials submitted. If the change is not approved, it shall notify the applicant and explain the reasons in writing; If the change is approved, the judicial administrative department of the provincial people's government shall renew the lawyer's practice certificate for the applicant within two working days from the date of acceptance.