What is the nature of the Bar Association?

What is the nature of the Bar Association?

What is the nature of the Bar Association? Lawyer is a lofty profession, which many people yearn for. Lawyers can plan according to the specific needs of customers, which can help us avoid unnecessary risks. So what is the nature of the Bar Association?

What is the nature of the Bar Association? 1 The Bar Association is a social organization and a self-regulatory organization of lawyers. Its duties are: to ensure that lawyers practice according to law and safeguard their legitimate rights and interests; Summarize and exchange lawyers' working experience; Organizing professional training for lawyers; Educate, inspect and supervise lawyers' professional ethics and practice discipline; Organize lawyers to carry out foreign exchanges; Mediation of disputes arising from lawyers' practice activities.

The recruitment requirements of the Bar Association are:

1, age 18 or above, college degree or above;

2. Abide by the Constitution and laws;

3. Have the nationality of the people of China;

4. Good conduct and good health. bale

Development history

The emblem of the All-China Lawyers Association was established in July 1986 in accordance with the Provisional Regulations on Lawyers in People's Republic of China (PRC) (promulgated by 1980). All china lawyers association is a social organization as a legal person, a national self-regulatory organization of the lawyer industry, and manages the lawyer industry according to law.

All China people and lawyers are members of this association, and local lawyers' associations are group members of this association. There are 3/kloc-0 corporate members in all china lawyers association (that is, the bar associations of all provinces, autonomous regions and municipalities directly under the Central Government), and there are nearly 1.4 million individual members. The Chinese Lawyers Association has a great degree of political color and the nature of government control, and it is not an independent self-regulatory organization in a complete sense. The general picture shows the emblem of the All-China Lawyers Association.

major duty

According to the Lawyers Law of People's Republic of China (PRC), all china lawyers association's main responsibilities are:

(a) to ensure that lawyers practice according to law and safeguard the legitimate rights and interests of lawyers;

(2) Summarizing and exchanging the working experience of lawyers;

(3) Organizing professional training for lawyers;

(four) education, inspection and supervision of lawyers' professional ethics and practice discipline;

(5) Organizing lawyers to carry out foreign exchanges;

(six) mediation of disputes arising from the practice of lawyers;

(seven) other duties as prescribed by law.

Lawyers' associations shall reward or punish lawyers in accordance with their articles of association.

Since its establishment, all china lawyers association has played a great role in guiding lawyers' business, exchanging work experience, safeguarding lawyers' legitimate rights and interests, and strengthening non-governmental exchanges with foreign lawyers. It has gradually improved the industry management system and made contributions to the development of lawyers in China.

The executive body of all china lawyers association is led by the Secretary-General, and consists of an office, a member department, a professional committee work department, a training department, an international department (China International Lawyers Exchange Center) and an information research department, and hosts the China Lawyer magazine and the website China Lawyers Network.

What is the nature of the Bar Association? 2. The Bar Association is a legal person of social organizations and a self-regulatory organization of lawyers. Lawyers' Association is an important part of the lawyer management system, the judicial administrative department is the government department in charge of lawyers' work, and the lawyers' association is the professional self-discipline management organization of lawyers. The management system of combining the administrative management of judicial administrative departments with the professional management of lawyers' associations is a reliable organizational guarantee for the healthy development of lawyers in China.

Chapter V Lawyers Association

Article 43 A lawyer's association is a social organization as a legal person and a self-regulatory organization of lawyers.

All china lawyers association was established nationwide, and local lawyers' associations were established in provinces, autonomous regions and municipalities directly under the Central Government. According to needs, local lawyers' associations can be established in cities divided into districts.

Article 44 The articles of association of the National Lawyers Association shall be formulated by the National Congress of Members and submitted to the judicial administrative department of the State Council for the record.

The articles of association of a local bar association shall be formulated by the local member congress and reported to the judicial administrative department at the same level for the record. The articles of association of the local lawyers association shall not conflict with the articles of association of the National Lawyers Association.

Article 45 Lawyers and law firms shall join local lawyers' associations. Lawyers and law firms that join local lawyers' associations are also members of the National Lawyers' Association.

Members of the Bar Association shall enjoy the rights and perform the obligations stipulated in the articles of association of the Bar Association.

Article 46 A bar association shall perform the following duties:

(a) to ensure that lawyers practice according to law and safeguard the legitimate rights and interests of lawyers;

(2) Summarizing and exchanging the working experience of lawyers;

(three) to formulate industry norms and disciplinary rules;

(4) Organizing lawyers' professional training, professional ethics and practice discipline education, and assessing lawyers' practice activities;

(five) to organize and manage the internship activities of lawyers, and to assess the interns;

(6) Rewarding and punishing lawyers and law firms;

(7) Accepting complaints or reports against lawyers, mediating disputes arising from lawyers' practice activities and accepting lawyers' complaints;

(eight) other duties stipulated by laws, administrative regulations, rules and the articles of association of the lawyers association.

The industry norms and disciplinary rules formulated by the Lawyers Association shall not contravene the relevant laws, administrative regulations and rules.

What is the nature of the Bar Association? 1. The Bar Association is a self-regulatory organization of the lawyer industry.

Article 37 of the Lawyers Law of People's Republic of China (PRC) stipulates: "Lawyers' Association is a legal person of social organizations and a self-regulatory organization of lawyers. "This provision has three meanings: First, it clarifies the legal person status of the Bar Association, which is different from the practice that the Bar Association is subordinate to the judicial administrative organ in the early days of the founding of the People's Republic of China, and it is also different from the Provisional Regulations on Lawyers in People's Republic of China (PRC)." The Bar Association is a social organization. "Its functions are more independent, its responsibilities are clearer, and its legal status is higher;

The second is to endow the lawyers association with the function of participating in the management of the lawyer industry; Thirdly, it defines the nature of the management of lawyers association, that is, self-discipline management, which exercises private power. She represents the public interest of the legal profession.

Second, the organizational structure of the Bar Association.

At present, China Lawyers Association is established according to People's Republic of China (PRC) Lawyers Law, which is a single form of trade association with industry management function. Lawyers are natural members of lawyers' associations from the time they obtain their practice licenses, and they must accept their management and supervision, which is different from that in western countries.

The Council is the leading body of the Lawyers' Association and is elected by the Lawyers' Congress for a term of three years. The president, vice-president and executive director of the Bar Association are elected by the Council, and their terms of office are synchronized with the Council.

The Lawyers' Association implements the system of separation of deliberation and practice, and the lawyers' congress, its Council and the Standing Council are the authority to discuss and decide major issues that need to be solved through self-discipline management in the development of lawyers' career; As the daily office of the lawyers' congress, the secretariat of the lawyers' association is responsible for organizing and implementing the resolutions and decisions of the lawyers' congress, the Council and the Standing Council, and reporting its work to the lawyers' congress, the Council and the Standing Council. The Secretariat of the Lawyers Association implements the Secretary-General responsibility system.

Due to the limitation of the development level of the lawyer industry, at present, China's lawyers association implements a three-level structure. That is, the central, provincial and municipal levels, the central level is called all china lawyers association, and the provincial, municipal and provincial levels are called X provincial (district, city) lawyers association. City, prefecture and state can set up lawyers' associations according to needs, which is called X City (prefecture) Lawyers' Association. The lawyers' association at the lower level is a natural group member of the lawyers' association at the higher level and accepts the leadership and supervision of the lawyers' association at the higher level.

Due to historical reasons and the limitation of the development level of the lawyer industry, a considerable number of local lawyers' associations are still state institutions, which are compiled by the government and managed by judicial administrative organs, and the required funds are included in the financial budget. This practice played an important role in supporting the management of the lawyer industry and strengthening its functions in the early stage of the development of the lawyer industry, but it is also easy to distort the nature of the lawyer association and regard the lawyer association as another department of the judicial administrative organ to manage lawyers.