Interim Provisions of Ningxia Hui Autonomous Region on Lawyers Performing Their Duties

Article 1 In order to better enable lawyers to perform their duties according to law and give full play to the role of lawyers in the construction of socialist democracy and legal system, these Interim Provisions are formulated in accordance with the Provisional Regulations on Lawyers in People's Republic of China (PRC) and relevant state laws and regulations, combined with the actual situation in our region. Article 2 Lawyers are legal workers of the state. Their task is to provide legal aid to state organs, enterprises, institutions, social organizations and citizens, safeguard the interests of the state and the collective and the legitimate rights and interests of citizens, and ensure the correct implementation of laws. Article 3 Lawyers perform their duties according to law and are protected by state laws. State organs, enterprises and institutions, social organizations and citizens shall respect and support the work of lawyers, and it is forbidden to interfere with or hinder lawyers from performing their duties according to law in any way. For those who make things difficult for lawyers, insult, attack or persecute lawyers, the relevant departments should give criticism and education according to the seriousness of the case until they are investigated for legal responsibility according to law. Article 4 When a lawyer participates in litigation activities and undertakes non-litigation matters, he can go to the people's court to consult relevant files or investigate with relevant departments and individuals with a letter of introduction and a lawyer's work permit from the legal advisory office (law firm, the same below), and the relevant departments and individuals shall truthfully provide relevant materials. Unless otherwise stipulated by the state. Article 5 When a lawyer meets a defendant in custody, the detention center shall provide an appropriate meeting place to facilitate conversation and be responsible for safety. Article 6 Unless otherwise provided by law, the people's court shall serve the notice of appearance on the responsible lawyer three days before the court session. If a lawyer cannot appear in court on time due to complicated cases or other special circumstances, he may request an adjournment of the trial. If the people's court considers that the reasons are justified, it shall make a decision to postpone the trial without affecting the statutory time for closing the case.

When the people's court decides not to hold a trial of a case of second instance according to law, it shall promptly notify the lawyer entrusted by the party to submit a defense or proxy statement; If a party re-entrusts a lawyer, his marking and meeting with the defendant in custody may be handled in accordance with Articles 4 and 5 of these Provisions. Article 7 A lawyer who acts as a defender of a criminal case has the right to refuse to defend a party who insists on concealing the facts of the crime.

When a lawyer represents civil, economic and administrative litigation cases and non-litigation events, if the requirements put forward by the parties violate the laws, regulations and policies of the state and persist after being pointed out, he may resign. Article 8 The people's court shall accept civil and economic cases in accordance with Article 81 of the Civil Procedure Law of People's Republic of China (PRC) (Trial), and lawyers shall bring a lawsuit to the people's court upon the entrustment of the parties. Article 9 When a lawyer participates in a lawsuit, the people's court shall guarantee his rights of full defense, defense and debate according to law. The people's court shall adopt the correct opinions put forward by lawyers.

The evidence, defense words and proxy words formally presented by lawyers to the people's court must be included in the people's court; When the people's court deems it necessary, it shall attach a written opinion and other materials related to the case. Article 10 If the attorney-in-charge thinks that there are significant differences in facts, inaccurate characterization, improper application of law or violation of legal procedures in a legally effective judgment or ruling, he may report to the people's court or make comments to the judicial administrative organ. If the judicial administrative organ thinks that the lawyer's opinion is correct, it may submit it to the people's court. The people's court is responsible for handling the opinions of the judicial administrative organs and giving answers. Article 11 A lawyer shall appear in court on time according to the notice of the people's court, conduct litigation activities and abide by the rules and order of the court. Twelfth lawyers have the responsibility to keep the state secrets and personal privacy that they come into contact with in their practice. Meeting or correspondence between lawyers and defendants in custody shall not harm the interests of the state or the collective or the legitimate rights and interests of citizens. Thirteenth lawyers must adhere to the facts as the basis, take the law as the criterion, be loyal to the socialist cause and the interests of the people, abide by the law, strictly observe professional ethics, be honest and clean. Offenders, depending on the seriousness of the case, shall be investigated for responsibility by the relevant departments.

The relevant departments shall commend or reward lawyers who have made outstanding achievements in performing their duties. Fourteenth the Interim Provisions shall come into force as of the date of promulgation.