(Adopted by the Fifth Lawyers' Congress of Hangzhou on September 25th, 2004)
Revised by the Sixth Hangzhou Lawyers' Congress on September 8, 2007)
Chapter I General Principles
Article 1 In order to standardize the management and service behavior of Hangzhou lawyers, give full play to the role of Hangzhou lawyers in economic construction and social development, improve the social status of Hangzhou lawyers, safeguard the legitimate rights and interests of members, and improve the management system of lawyers' associations, these Articles of Association are formulated in accordance with the provisions of the Lawyers Law of People's Republic of China (PRC) and the Articles of Association of all china lawyers association, combined with the actual situation in Hangzhou.
Article 2 The Hangzhou Lawyers Association (hereinafter referred to as the Association) is a legal person of social organizations established according to law, a self-regulatory organization of lawyers, and implements professional management of lawyers according to law.
The Association has set up a liaison office in the county (city) under the jurisdiction of Hangzhou.
Article 3 The purposes of this Association are: to safeguard the dignity of the Constitution and laws, to be loyal to the cause of lawyers, and to observe the professional ethics and practice discipline of lawyers; Improve the professional quality of lawyers; Safeguard the legitimate rights and interests of lawyers and law firms; Strengthen industry self-discipline, promote the healthy development of lawyers, and promote social civilization and progress.
Article 4 This Association accepts the supervision and guidance of Hangzhou Municipal Bureau of Justice and the guidance of the lawyers' association at a higher level.
Article 5 This Association accepts the leadership of the Hangzhou Lawyers Association Committee of China's * * * production party.
Chapter II Duties and Responsibilities
Article 6 The Association shall perform the following duties:
(a) to support and protect members to practice according to law and safeguard their legitimate rights and interests;
(two) to formulate the development plan and policy of lawyers' work in Hangzhou, and to formulate and improve the norms and standards of lawyers' practice and the management system of lawyers' industry;
(three) to guide, inspect and supervise the standardized management of law firms;
(4) Summarizing and exchanging lawyers' working experience, and improving the overall practice level and social image;
(five) to be responsible for the education, inspection and supervision of lawyers' professional ethics and practice discipline;
(six) to assist the annual inspection and registration of law firms and lawyers;
(seven) to carry out pre-practice training and post-practice continuing education for lawyers;
(8) Accepting and handling complaints against members;
(nine) to mediate disputes arising from members' practice activities;
(10) Rewarding and punishing members;
(eleven) to publicize the work of lawyers and enhance the social image of lawyers;
(twelve) to organize lawyers and law firms to carry out foreign exchanges and participate in social welfare activities;
(thirteen) to carry out the welfare work of lawyers;
(fourteen) to establish and improve the lawyer liability insurance system;
(fifteen) to coordinate the relationship with the relevant state organs and put forward legislative and judicial suggestions related to the development of the lawyer industry;
(sixteen) other duties entrusted by the judicial administrative department and the superior lawyers association;
(seventeen) other duties as prescribed by laws and regulations.
Chapter III Members
Article 7 The members of this Association are composed of individual members and group members.
Article 8 Lawyers (including corporate lawyers, public lawyers and legal aid lawyers) who have obtained lawyer practice licenses in accordance with the provisions of the Lawyers Law of People's Republic of China (PRC) and registered with the Hangzhou Municipal Bureau of Justice are individual members of the Association.
The law firm registered and established by Hangzhou Municipal Bureau of Justice is a group member of the Association.
The formal individual members and group members of the Association are also members of all china lawyers association and Zhejiang Lawyers Association. When necessary, the association may absorb judicial administrative personnel who are qualified as lawyers or legal professionals and are engaged in the management of lawyers.
Article 9 Rights of individual members:
(a) members have the right to vote and stand for election, but they do not enjoy this right during the administrative punishment given by the judicial administrative organ to stop practicing;
(2) Having the right to practise legally;
(three) to participate in the study and training organized by the association;
(four) to participate in professional research and experience exchange activities organized by the association;
(five) to enjoy the welfare and other guarantees organized by this association;
(six) the use of books, materials, networks and information resources;
(seven) to put forward opinions and suggestions on legislation, justice and administrative law enforcement to the relevant authorities through this Council;
(eight) to supervise the work of this association and put forward criticisms and suggestions;
(9) Relevant rights stipulated by the Lawyers Law and other laws and regulations and trade associations.
Article 10 Obligations of individual members:
(1) Abide by the articles of association of this Association and implement the resolutions of this Association;
(two) abide by the professional ethics and practice discipline of lawyers, and abide by the professional norms and standards of lawyers;
(three) accept the guidance, supervision and management of this association;
(four) to undertake the work entrusted by the association and fulfill the legal aid obligations stipulated by the association;
(five) consciously safeguard the professional honor and industry reputation of lawyers, and safeguard the unity among members;
(six) to pay membership fees in accordance with the provisions;
(7) Relevant obligations stipulated by the Lawyers Law, other laws and regulations and trade associations;
(eight) to accept the mediation of disputes in the practice activities and implement the mediation results.
Article 11 Group members shall enjoy the rights in Item 4, Item 6 to Item 9 of Article 9 of the Articles of Association:
Article 12 Obligations of Group Members:
(1) Abide by the articles of association;
(two) to convey, study and implement the resolutions of the Council;
(3) Educating, supervising and guiding lawyers to abide by lawyers' professional ethics and practice discipline;
(4) Organizing lawyers to participate in various activities of the Association;
(five) to formulate and implement internal rules and regulations;
(6) Providing necessary conditions for individual members to exercise their rights and perform their obligations;
(seven) to organize and participate in professional liability insurance for lawyers;
(8) Failing to pay or collect membership fees as required;
(nine) to undertake the work entrusted by the association;
(ten) accept the mediation of disputes in practice activities, and implement the mediation results.
Article 13 In the absence of clear provisions in the articles of association or professional norms, members should handle their actions according to the moral requirements generally followed by the society and the basic spirit of the lawyer profession, so as to conform to the overall interests of the lawyer profession and maintain a good professional image.
Chapter IV Lawyers' Congress
Article 14 The lawyers' congress is the highest authority of this Association.
The term of office of the lawyers' congress is three years, and the meeting of the congress must be attended by more than two-thirds of the representatives. If necessary, the Council may convene an interim congress.
Article 15 Before the lawyers' congress is held, a preparatory meeting shall be held to adopt the list of the presidium, the agenda of the meeting and other preparatory matters.
The presidium is a temporary authority during the congress. The presidium decides on matters to be submitted to the General Assembly for deliberation and voting, and proposes candidates for directors, executive directors and presidents.
The Presidium of the Provisional Congress consists of members of the Standing Council.
Article 16 Deputies shall exercise the right to vote, and each delegate shall have one vote. A resolution made by the Congress must be passed by more than half of the delegates present. However, the resolution of the Congress to formulate or amend the articles of association must be adopted by more than two-thirds of the delegates present.
Article 17 The temporary lawyers' congress shall be convened by the Council and presided over by the president or the vice president designated by the president. When the lawyers' congress is held, the representatives shall be informed of the matters considered at the meeting in advance.
Article 18 The functions and powers of a lawyer's congress are:
(a) to formulate and amend the articles of association of the Bar Association and supervise the implementation of the articles of association of the Bar Association;
(two) to formulate and modify the industry rules adopted by the lawyers' congress and supervise the implementation;
(3) Deliberating and approving the report of the Council;
(4) to elect and recall the president and directors;
(five) to discuss and decide the working principles and tasks of the lawyers association;
(six) to consider and approve the membership fee collection plan;
(seven) to examine and approve the income and expenditure of membership fees;
(eight) to propose amendments to the articles of association and other major issues to the all china lawyers association and Zhejiang Lawyers Association;
(nine) to consider other matters decided by the lawyers' congress as stipulated by laws, regulations and articles of association.
Article 19 Representatives of the lawyers' congress shall be composed of representatives of individual members.
Measures for the election or recommendation of representatives of lawyers' congresses shall be formulated by the Council of this Association.
The board of directors of the Association shall ensure that each group member has at least one individual member representative.
When necessary, the association may invite relevant persons to attend the lawyers' congress as invited representatives.
Article 20 Representatives shall attend meetings of lawyers' congresses and exercise the following functions and powers:
(a) to exercise the right to deliberate, vote, propose, suggest, vote and stand for election at the congress;
(two) regular contact with members, reflect the voice of members, safeguard the rights and interests of members;
(3) Other functions and powers as stipulated in the articles of association.
Twenty-first representatives may submit motions, opinions or suggestions to this Council individually or jointly. If it is decided to be a motion by the chairman's office meeting, an executive meeting shall be held to discuss it, and the representative who proposed the motion shall be informed in writing of the results. For other opinions and suggestions, the secretariat of this association is responsible for handling them and feeding back the situation to the representatives who put forward the opinions and suggestions in an appropriate way.
Chapter V Council and Standing Council
Article 22 The Council is the permanent body of the lawyers' congress, elected by the lawyers' congress and responsible to the lawyers' congress.
Article 23 The members of the board of directors shall be selected from those who have good professional ethics and high professional level, have been practicing for more than three years, have dedication, and are enthusiastic about the lawyer industry and public welfare activities.
Article 24 The Council shall exercise the following functions and powers:
(1) Convening a meeting of the lawyers' congress;
(2) Electing executive directors;
(three) to discuss and decide on major issues and exercise their functions and powers when the lawyers' congress is not in session;
(four) to formulate industry management rules, professional ethics, practice standards and related rules and regulations;
(five) to consider the establishment of the functional departments of the permanent offices of the Council;
(6) Adding or replacing directors;
(7) To remove, add or replace the executive director;
(eight) to listen to the annual work report of the president of the Council and comment on the performance of his duties;
(nine) to consider the annual membership fee budget and final accounts report;
(10) Other functions and powers that should be exercised by the Council.
Article 25 The Council meeting shall be held at least once a year. The meeting of the board of directors shall be convened and presided over by the president. When the president is unable to perform his duties due to special reasons, the vice president designated by the president shall convene and preside over the meeting. Upon the decision of the Standing Council or the proposal of more than one third of the directors, an interim Council meeting may be convened.
The twenty-sixth plenary meeting of the Council elected the Executive Director.
The re-election of each executive director shall not be less than one third.
The executive director is the ex officio representative of the next lawyers' congress.
Article 27 The Standing Council is the permanent organ of the Council and exercises its functions and powers when the Council is not in session.
Article 28 The Standing Council shall exercise the following functions and powers:
(a) to implement the resolutions of the lawyers' congress and the Council;
(2) Arranging the intersessional work of the Council;
(three) to formulate specific annual and quarterly work and activity plans of the Association;
(four) to handle the functions and powers exercised by the Council when the Council is not in session, but report to the Council after the handling is completed, and the handling shall be based on the purpose of all members and associations;
(five) to propose the convening of a lawyer's congress and a temporary lawyer's congress, and to put forward proposals for discussion at the lawyer's congress;
(six) to elect, recall and supplement the vice president;
(7) Convening and convening the Council;
(eight) other functions and powers granted by the Council and the lawyers' congress.
Article 29 The Standing Council shall hold a meeting at least once every three months to study and decide on major issues in the work of the Association and make arrangements for the work of the Association.
The meeting of the Standing Council shall be convened and presided over by the President. When the president is unable to perform his duties due to special reasons, the vice president designated by the president shall convene and preside over the meeting.
Article 30 The president shall be elected by all the representatives of the Lawyers' Congress and be responsible to the Lawyers' Congress. Association of foreign representative lawyers presidents. The president may be re-elected, but the term of office shall not exceed two consecutive terms.
The Chairman shall exercise the following powers:
(1) Presiding over the lawyers' congress;
(2) Convening and presiding over the office meetings of the Council, the Standing Council and the President;
(three) to supervise and inspect the implementation of the resolutions of the Council;
(4) Signing important documents of the Lawyers Association;
(five) to exercise other functions and powers granted by the Council.
The Association has several vice-chairmen, who are elected by the Standing Council. The vice president assists the president in his work and assumes responsibilities according to the division of responsibilities. When necessary, may be entrusted by the President to convene and preside over meetings of the Council and the Standing Council.
The president makes a work report to the Council every year and accepts the evaluation and assessment of the Council.
Article 31 The Association shall implement the president's office meeting system, which is composed of the president and the vice president, and shall be convened by the president regularly. The president's office meeting is responsible for supervising and implementing the resolutions and decisions of the Council and the Standing Council.
Article 32 The directors, executive directors, vice-presidents and presidents of this Association, as members of the permanent organization of this Association, should be honest and trustworthy, diligent and conscientious, set an example, implement laws and regulations and rules and regulations of this Association, strive to complete the work assigned by this Association, and safeguard the overall interests of this Association and the legal profession.
Directors, executive directors, vice-presidents and presidents shall not use their positions or powers in this association to seek personal interests or engage in unfair competition.
Directors, executive directors, vice presidents and presidents shall sincerely listen to the opinions and suggestions of members and judicial administrative organs, and accept the supervision and supervision of their performance of duties.
Except for the temporary meeting, if the director, executive director, vice president and president fail to attend the meeting for two consecutive times without reason, the qualifications of the director, executive director, vice president and president will be automatically cancelled.
Chapter VI Secretariat
Article 33 The Association shall set up a secretariat as the executive body of the Association, which shall be responsible for implementing the resolutions and decisions of the Lawyers' Congress, the Council and the Standing Council, and undertake the daily work of the Association.
Article 34 The secretariat of this Association shall have one secretary-general and several deputy secretaries-general. The Secretary-General and the Deputy Secretary-General are appointed by the Standing Council. The Secretary-General shall lead the work of the Secretariat under the authorization of the Permanent Council. The Secretary-General and the Deputy Secretary-General attended the board meeting, the executive board meeting and the president's office meeting as nonvoting delegates.
The Secretary-General shall perform the following duties:
(a) to preside over the daily work of the office;
(two) to organize the implementation of the resolutions of the Council and the Standing Council;
(three) to formulate the establishment plan of the office;
(four) to formulate and implement the internal rules and regulations of the office;
(five) to propose the appointment or dismissal of the heads of departments other than the appointment or dismissal of the Standing Council;
(six) to complete other tasks assigned by the Council, the Standing Council and the President;
(seven) to coordinate the relationship with relevant departments.
Article 35 The Secretariat shall invite the competent judicial administrative organ to send personnel to attend the important meetings convened by this Association.
Chapter VII Special Committees and Professional Committees
Thirty-sixth according to the needs of industry management, the association set up a special committee to perform its duties as a special working body.
Article 37 The Association shall set up several professional committees. Each committee shall have a chairman, vice-chairmen and several members. The establishment, adjustment, director and deputy director of the professional committee shall be decided by the Standing Council.
Professional committees organize theoretical research and business exchange activities of lawyers, draft relevant business norms of lawyers, and improve the professional level and image of lawyers according to the requirements and work objectives at the time of establishment and the rules of professional committees.
The Standing Council may employ experts, scholars and relevant leaders as consultants of professional committees.
Article 38 The members of special committees and professional committees shall be persons with good conduct, high reputation and relevant work experience, experience and expertise. Specific selection methods and rules of procedure shall be formulated separately.
Chapter VIII Reward, Punishment and Dispute Mediation
Article 39 The Association shall reward members who have performed their obligations as members in an exemplary manner and made outstanding contributions to the development of lawyers. Punish members who violate lawyers' professional ethics, practice discipline and professional norms.
Fortieth members in any of the following circumstances, the association will give notice of praise, awards and honorary titles, and may give material rewards as appropriate:
(a) made outstanding contributions in the construction of democracy and legal system;
(2) Having made significant contributions to safeguarding the interests of the state and the people;
(3) Successfully handling cases with great influence in the whole country or the region, with remarkable achievements;
(four) to improve the legislative and judicial work, and make outstanding contributions to the reform and development of the lawyer industry and enhance the image of the lawyer industry;
(five) by the unit, government agencies at all levels and social organizations awarded the honorary title.
Article 41 If a member commits one of the following acts, the Association will give disciplinary sanctions such as admonition, informed criticism, public condemnation and cancellation of membership, depending on the circumstances:
(1) Violating the Lawyers Law and other laws, regulations and rules;
(2) Violating the company's articles of association and the legal profession norms;
(3) Violating lawyers' professional ethics and practice discipline;
(4) Seriously violating social morality and damaging the professional image and reputation of lawyers;
(5) Failing to fulfill the obligations of membership;
(six) other violations that FSC believes should be punished.
For members' violations of laws and regulations, the association has the right to suggest that the judicial administrative organ with the power of punishment give administrative punishment.
Forty-second when making a disciplinary decision on a member, you should listen carefully to the arguments of the parties. Before making a disciplinary decision to publicly condemn or cancel membership, the punished member has the right to request a hearing.
Forty-third members should consciously implement the punishment decision.
Article 44 If a member is punished by the judicial administrative department for stopping practicing due to violation of law and discipline, he shall not enjoy the rights of membership such as voting and being elected during the period of stopping practicing.
Forty-fifth rewards and punishments for members shall be recorded in the archives and made public or disclosed in an appropriate way.
Forty-sixth disputes between members and between members and parties in their practice activities may apply to the Practice Dispute Mediation Committee of this Association for mediation. The expenses arising from mediation shall be borne by all parties, and shall be decided by the mediation committee.
Members should consciously perform the mediation results.
Article 47 Specific measures for rewarding, punishing and mediating disputes among members shall be formulated separately by the Council of this Association.
Chapter IX Economic Expenses
Article 48 The sources of funds of this Association include:
(a) membership fees (including group membership fees and individual membership fees, the same below);
(2) donation;
(3) Other lawful income.
Article 49 Members must fulfill their obligation to pay membership dues. Members who have withheld or defaulted on their membership dues will be given to informed criticism and ordered to pay within a time limit.
Article 50 The Association shall collect membership fees according to regulations, and the specific standards and measures for collecting membership fees shall be implemented according to the provisions of the lawyers' association at a higher level.
Article 51 The membership fee shall be collected annually, and members must pay the membership fee before the annual inspection and registration.
Article 52 Membership dues are mainly used for the following expenses:
(1) Work and business seminar expenses;
(two) the expenditure of the executive body of the association;
(three) to carry out exchanges between lawyers at home and abroad;
(4) Lawyers conduct public opinion propaganda;
(five) the activities of the lawyers' special committees and professional committees;
(six) to safeguard the legitimate rights and interests of lawyers and reward and punish members; Expenses for handling complaints;
(seven) to provide members with learning materials, training and publishing books and periodicals;
(eight) member welfare undertakings and cultural and sports activities;
(nine) other necessary expenditures approved by the Standing Council.
Article 53 Measures for the administration of the use of membership dues shall be formulated separately.
Article 54 The Bar Association shall strengthen the collection and management of membership dues, formulate the final accounts of membership dues, establish a separate account of membership dues, report the income and expenditure of membership dues to the Council every year, and accept the supervision of members.
Chapter X Supplementary Provisions
Article 55 The representative offices and resident lawyers established in the administrative area of Hangzhou by foreign and Hong Kong and Macao law firms approved by the Ministry of Justice of the People's Republic of China shall be subject to the supervision of this Association in accordance with relevant laws and regulations.
Article 56 The Standing Council of this Association shall be responsible for the interpretation of these Articles of Association.