Article 1 In order to improve the lawyer management system, give full play to the self-discipline management function of the industry, safeguard the legitimate rights and interests of lawyers, standardize lawyers' practice behavior, and promote the healthy and rapid development of lawyers' career, these Articles of Association are formulated in accordance with the Constitution of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and the Articles of Association of all china lawyers association.
Article 2 Chinese name of the Association: Shandong Lawyers Association; English name: Shandong Lawyers Association, referred to as SLA.
Article 3 Shandong Lawyers Association (hereinafter referred to as the Association) is a self-regulatory organization of lawyers in Shandong Province, which provides professional services and professional management for lawyers in the province according to laws and articles of association, and is a non-profit social group legal person established according to law.
Article 4 The purposes of this Association are: to abide by the Constitution and laws, and to abide by professional ethics and practice discipline; Serve economic and social development and safeguard the legitimate rights and interests of citizens; Loyal to the cause of lawyers and safeguard the overall interests of the industry; Reflect the demands of lawyers and safeguard their legitimate rights and interests; Improve the comprehensive quality of lawyers, standardize lawyers' practice behavior, strive to build a country ruled by law in Socialism with Chinese characteristics, and promote social harmonious development and civilized progress.
Article 5 This Association and its members are members of the all china lawyers association (hereinafter referred to as the National Lawyers Association), and shall enjoy rights, undertake obligations and accept the guidance of the National Lawyers Association in accordance with the provisions of the articles of association of all china lawyers association.
Article 6 The Lawyers Association shall be established in a city divided into districts in this province.
Associations and municipal lawyers associations may set up branches according to actual needs.
The association will supervise and guide the lawyers' associations of all cities in the province.
Article 7 The Association accepts the professional guidance, supervision and management of the Justice Department of Shandong Province and the Civil Affairs Department of Shandong Province.
Article 8 The meeting place of this Association is located in Jinan City, Shandong Province.
Article 9 The Association shall establish the China * * * production party organization, and carry out activities according to the China * * * production party constitution process.
Chapter II Duties and Responsibilities
Article 10 The Association shall perform the following duties:
(a) to ensure that lawyers practice according to law and safeguard the legitimate rights and interests of lawyers;
(two) to formulate the practice norms, business guidelines and management systems of the lawyer industry;
(three) to supervise and guide law firms to carry out self-discipline management;
(four) to supervise and guide the annual examination of lawyers' practice in the province;
(five) to organize the education, inspection and supervision of professional ethics and practice discipline, and to accept and investigate complaints against members;
(6) Standardizing the internship activities of the practitioners applying for lawyers, and training and assessing them;
(seven) to organize lawyers' professional training and theoretical discussion, and summarize and exchange lawyers' work experience;
(eight) organize members to carry out foreign exchanges;
(nine) to encourage and support members to participate in the discussion of state affairs;
(ten) to coordinate the relationship with the legislative, judicial, administrative organs and other organizations;
(eleven) to mediate disputes between law firms, between law firms and lawyers, and between lawyers in their practice activities;
(twelve) actively publicize the work of lawyers and establish a good industry image;
(thirteen) in recognition of outstanding performance or outstanding contributions to the members;
(fourteen) to carry out the welfare work of lawyers;
(fifteen) other duties entrusted or entrusted by the Shandong Provincial Department of Justice and the National Lawyers Association;
(sixteen) other duties as prescribed by laws, administrative regulations and rules.
Chapter III Members
Article 11 The members of this Association are divided into group members and individual members.
The municipal lawyers' associations and lawyers' practice institutions established according to law within the jurisdiction of Shandong Province are members of the associations. Lawyers licensed by the Justice Department of Shandong Province are individual members of the Association.
Interns who hold internship certificates issued by the Association and the Municipal Lawyers Association shall enjoy rights, undertake obligations and accept management in accordance with the Lawyers Law of People's Republic of China (PRC) and the Management Rules for Lawyers' Internship of the National Lawyers Association.
Article 12 Rights of individual members:
(a) to enjoy the right to vote, to be elected and to be elected in this association;
(two) the right to participate in the management of this association;
(3) Have the right to apply to this Council for protection of practice rights and other remedial measures;
(four) to participate in business training, theoretical discussion and experience exchange activities organized by the association;
(5) Enjoy the welfare and other protection provided by this Association;
(6) Utilization of information resources;
(seven) to put forward opinions and suggestions on legislation, justice and administrative law enforcement to the relevant departments through this Council, or to reflect other circumstances;
(eight) to supervise the work of this association and put forward opinions and suggestions;
(nine) other rights stipulated in the articles of association of this association.
Article 13 Obligations of individual members:
(1) Abide by the articles of association of this Association and implement the resolutions and decisions of this Association;
(two) abide by the professional ethics and practice discipline of lawyers, and abide by the industry norms and standards formulated by this association;
(three) accept the supervision, guidance and management of this association;
(four) to undertake the work entrusted by the association;
(five) to participate in legal aid activities and public welfare activities organized by the association;
(six) to complete the prescribed task of continuing education;
(seven) to safeguard the professional reputation of lawyers and the unity among members;
(eight) to pay membership fees in accordance with the provisions;
(9) Other obligations stipulated in the articles of association.
Article 14 Rights of Group Members:
(a) Participating in meetings and other activities organized by the Association;
(2) Using the information resources of the Association;
(three) to supervise the work of this association and put forward opinions and suggestions;
(4) Other rights stipulated in the articles of association.
Article 15 Obligations of Group Members:
(1) Abide by the articles of association of this Association, communicate, study and implement the resolutions and decisions of this Association, and abide by the industry norms formulated by this Association;
(two) to organize lawyers to participate in various activities organized by the association and accept the supervision, guidance and management of the association;
(3) To supervise and educate the lawyers of this firm to abide by professional ethics, practice discipline and industry norms;
(4) Organizing lawyers of this firm to participate in professional liability insurance;
(five) according to the provisions of the payment of group membership fees and personal membership fees;
(six) to undertake the work entrusted by the association;
(seven) other obligations stipulated in the articles of association.
Chapter IV Provincial Lawyers' Congress
Article 16 The Provincial Lawyers' Congress is the highest authority of the Association and is held once every three years.
Major events can be held in advance or postponed according to the decision of the Council.
Upon the proposal of the Council, the Standing Council or more than one-fifth of the representatives of the provincial lawyers' congress, the provincial lawyers' congress may be convened temporarily.
Seventeenth representatives of the provincial lawyers' congress are elected or elected from the individual members of the association who have more than three years of practice experience, good professional ethics, high professional level and enthusiasm for public welfare activities in the industry.
The chairman, vice-chairman, executive director of the association and the chairmen (practicing lawyers) of the city lawyers' associations will be the ex officio representatives of the next lawyers' congress in this province.
The term of office of the representative is three years, and the measures for election or recommendation shall be formulated separately by the association.
According to the needs, the association may invite relevant persons to participate in the provincial lawyers' congress as invited representatives. Specially invited representatives do not enjoy the right to vote and stand for election.
The Secretary-General of the Association and the lawyers' associations of various cities attended the provincial lawyers' congress as nonvoting delegates.
Eighteenth representatives of the province's lawyers' congress shall attend the meeting and exercise the following functions and powers:
(a) to exercise the right of deliberation, voting, proposal, proposal, voting and being elected;
(2) Contact members, reflect demands and safeguard rights and interests;
(3) Other functions and powers as stipulated in the articles of association.
Nineteenth provincial lawyers' congress shall exercise the following functions and powers:
(1) To formulate and revise the articles of association of this Association;
(two) to discuss and decide on the working principles and tasks of this association;
(three) to consider the work report and work plan of the Council;
(four) to consider the work report of the board of supervisors;
(5) Electing and dismissing directors and supervisors;
(six) to consider the audited report on the income and expenditure of membership fees;
(seven) to consider the management, purchase and disposal of major assets;
(eight) to formulate and revise the management measures for the collection and use of membership fees;
(nine) to consider other matters proposed by the presidium of the general assembly.
When the lawyers' congress of the whole province is not in session, if the representatives of the lawyers' congress of the whole province are punished by criminal punishment, administrative punishment or industry punishment for violating laws, regulations or professional ethics and practice discipline, the Council of the Association will recall their representative qualifications and all their positions in the Association.
Article 20 The Standing Council shall hold a preparatory meeting five days before the convening of the provincial lawyers' congress.
The preparatory meeting decided on the candidates for the presidium of the lawyers' congress in the province, and the presidium made proposals and decided on other preparatory matters.
Twenty-first provincial lawyers' congress shall be presided over by the presidium of the congress.
The specific methods of election and voting shall be decided by the presidium of the General Assembly.
The resolution of the twenty-second provincial lawyers' congress must be adopted by more than half of the representatives present at the meeting and having the right to vote.
Representatives may not entrust others to exercise their voting rights.
Chapter V Chairman of the Standing Council of the Council
Twenty-third Council is the permanent body of the provincial lawyers' congress, and it is responsible to the provincial lawyers' congress, with a term of three years.
The director is elected from the representatives of the provincial lawyers' congress with more than five years' practice experience.
The directors shall perform the obligations of honesty and diligence, safeguard the interests of the Association, and accept the supervision and reasonable suggestions of the representatives in performing their duties.
If a director fails to attend the board meeting twice in a row, his qualification as a director will be automatically cancelled.
Article 24 The Council shall exercise the following functions and powers:
(1) Convening lawyers' congresses and temporary meetings, and reporting their work to the congresses;
(two) to elect the president, vice president, executive director and supplementary director;
(three) to elect and recommend candidates for deputies and directors of the National Lawyers Congress of this province;
(four) to consider the annual work report of the Standing Council;
(five) to examine and approve the annual budget, final accounts and income and expenditure reports for the use of membership fees;
(six) to review and approve the annual work plan;
(seven) to implement the resolutions of the lawyers' congress;
(eight) to supervise the work of the Standing Council and the Secretariat;
(nine) to discuss and decide on major issues during the intersessional period of the Provincial Lawyers' Congress;
(10) Other functions and powers that should be exercised by the Council.
Article 25 The Council meeting shall be held once a year. 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.
Article 26 The Standing Council is the permanent body of the Council, consisting of the president, the vice president and the executive director.
The president, vice president and executive director are elected from among the directors for the same term as the directors, and may be re-elected, but the president may not be re-elected for more than two terms.
Article 27 When the Council is not in session, the Standing Council presides over the work of the Council on behalf of the Council and exercises the following functions and powers:
(a) Appointment of the Secretary-General and nomination of the Secretary-General by the Deputy Secretary-General;
(two) to approve the organization plan of the secretariat;
(three) to approve the establishment of special committees, professional committees and other working institutions to assess their annual work;
(four) to discuss and decide on the important work of the association;
(five) according to the need to hire honorary president and consultant;
(six) to discuss and decide on the annual work report and the main points of the next year;
(seven) other functions and powers granted by the Council.
Article 28 The meeting of the Standing Council shall be held once every quarter. A meeting of the Standing Council may be convened upon the proposal of the President, the Secretary-General or more than one third of the executive directors.
On behalf of the Standing Council, the President submits a written work report to the Council and the Board of Supervisors every year.
The vice president and executive director shall submit a written performance report to the board of directors and the board of supervisors every year.
Article 29 The president is the legal representative of the Association and represents the Association to the outside world.
The Chairman shall exercise the following powers:
(1) Convening and presiding over meetings of the Council and the Standing Council;
(two) to accept the authorization of the Council and lead the Standing Committee to preside over the daily work of the Association;
(3) signing the documents of this Council;
(4) Exercise other functions and powers granted by the Council.
When the president is unable to perform his duties due to special reasons, the vice president designated by the president shall take his place.
Thirtieth members of the Council and the Standing Council of this Association shall be reported to the Justice Department of Shandong Province and the National Lawyers Association for the record.
Chapter VI Board of Supervisors
Article 31 The Association shall establish a board of supervisors. The Board of Supervisors is a permanent supervisory body when the lawyers' congress is not in session, with a term of three years.
The supervisor shall be elected from the representatives of the lawyers' congress of the whole province with more than five years' practice experience.
The directors, secretary-general and deputy secretary-general of this Association shall not serve as supervisors.
Article 32 The board of supervisors shall be responsible for and report on the work of the provincial lawyers' congress, and perform the following supervisory duties:
(a) the preparation of the annual work plan and key points of the board of supervisors;
(two) to supervise the Council, the Standing Council, the president, the vice president and the secretariat to perform their duties;
(three) to supervise the work of special committees and professional committees;
(4) Members of the Board of Supervisors attend board meetings as nonvoting delegates; Chairman of the Board of Supervisors attended the meeting of the Standing Council; Decided to attend the meetings of special committees and professional committees as nonvoting delegates;
(five) to supervise and audit the collection, management and use of membership dues;
(six) other supervisory duties as stipulated in the articles of association or authorized by the provincial lawyers' congress.
Article 33 Supervisors and deputy supervisors shall be elected by more than half of all supervisors of the Board of Supervisors. The chairman of the board of supervisors may be re-elected, but the re-election shall not exceed two terms.
Article 34 The Board of Supervisors shall hold a meeting once a year. A meeting of the board of supervisors may be convened upon the proposal of the chairman of the board of supervisors or more than one third of the supervisors.
The supervisor is responsible for convening and presiding over the meetings of the Board of Supervisors and submitting a written annual work report to the Board of Supervisors every year.
Article 35 A supervisor shall abide by laws, regulations and the Articles of Association, and perform the obligations of honesty and diligence.
Article 36 The list of the Board of Supervisors of this Association shall be submitted to the Justice Department of Shandong Province and the National Lawyers Association for the record.
Chapter VII Secretariat
Article 37 The Association shall have a secretariat, which shall be responsible for implementing the resolutions and decisions of the Lawyers' Congress, the Council and the Standing Council of the whole province, and undertake the daily work of the Association.
Article 38 The secretariat of this Association shall have one secretary-general and several deputy secretaries-general. The Secretary-General is appointed by the Standing Council, and the Deputy Secretary-General is nominated by the Secretary-General and decided by the Standing Council.
The Secretary-General directs the work of the Secretariat. The Secretary-General and the Deputy Secretary-General report their work to the Standing Council and attend the lawyers' congress, the Council and the Provincial Standing Council as nonvoting delegates.
The Secretary-General shall perform the following duties:
(a) to preside over the daily work of the secretariat;
(two) to organize the implementation of the resolutions of the lawyers' congress, the Council and the provincial executive Council and report the implementation in a timely manner;
(3) Drafting the organizational plan of the Secretariat and submitting it to the Standing Council for deliberation and adoption;
(four) to formulate and implement the rules and regulations of the secretariat;
(five) to submit to the Standing Council the appointment and removal of the Deputy Secretary General;
(six) to make recommendations to the Standing Council;
(seven) to complete other tasks assigned by the Provincial Lawyers' Congress, the Council, the Standing Council and the President;
(8) Coordinating relations with judicial and administrative organs.
Chapter VIII Special Committees and Professional Committees
Article 39 The Association shall set up special committees and professional committees according to the needs of industry management.
Article 40 A special committee is a special working body of the Association to perform its duties. The special committee shall have one chairman and several vice-chairmen, and the chairman shall generally be the director of the association.
The Association has established the following special committees:
(1) Industry Management Committee;
(2) Industry Development Strategy Research Committee;
(3) Rights Protection Committee;
(4) Disciplinary Committee;
(5) Education and Training Committee;
(6) Other committees that need to be established.
Article 41 The professional committee is the specialized working body of this Association to study and guide the development of lawyers' business. Each professional committee shall have one director and several deputy directors.
Forty-second members of special committees and professional committees shall be selected from qualified members of the association through voluntary registration, organization recommendation, democratic evaluation and expert evaluation.
All special committees and professional committees may apply to the Standing Council to hire experts, scholars and relevant leaders as consultants of professional committees.
Special committees and professional committees shall submit work reports to the Standing Council every year.
Chapter IX Review of Commendation and Punishment
Forty-third members in any of the following circumstances, after deliberation by the Disciplinary Committee, reported to the Standing Council for deliberation and approval, to be commended:
(a) in the construction of democracy and legal system, to safeguard the interests of the state and the people to make outstanding contributions;
(two) enthusiastic about public welfare undertakings, making outstanding contributions to economic and social development and actively participating in legal aid activities, and making outstanding achievements;
(3) Successfully handling cases with great influence in the whole country or the region, with remarkable achievements;
(4) publishing academic papers or academic works with great influence;
(five) actively explore the field of lawyer business, and achieved remarkable results;
(6) Promoting the perfection of legislation and judicial work and making outstanding contributions to the reform and development of lawyers;
(seven) commended by the party committee, government departments and workers, youth, women, the disabled and other social organizations;
(eight) other circumstances that should be commended.
Members that the Municipal Lawyers Association deems it necessary to commend shall report the relevant deeds to the Secretariat, which shall forward them to the Disciplinary Committee.
Article 44 The Disciplinary Committee shall be responsible for examining complaints against members, and putting forward corresponding disciplinary suggestions for violations of professional ethics and practice discipline, which shall be punished after deliberation and approval by the Standing Council.
If a member refuses to accept the disciplinary decision made by the Municipal Lawyers Association, he may apply to the Disciplinary Committee of the Association for review.
Forty-fifth when the Disciplinary Committee holds a meeting to consider the case and puts forward suggestions for disciplinary action or review, there shall be no less than three people.
The specific working rules of the Disciplinary Committee shall be formulated by the Standing Council.
Chapter X Asset Management and Use
Article 46 The sources of funds of this Association include:
(1) membership fees;
(2) donation;
(3) government funding;
(4) Income from activities or services provided within the approved business scope;
(5) interest;
(6) Other lawful income.
Article 47 The funds of this Association shall be used for the business scope and career development as stipulated in the articles of association, and shall not be distributed among members.
No unit or individual may occupy, privately divide or misappropriate the assets of this Association.
Forty-eighth membership fees are collected annually, and members must pay their membership fees before the annual assessment.
The municipal lawyers association collects membership fees on behalf of the association and turns them over to the association at the end of this year's assessment.
City Lawyers Association and its members shall not withhold, misappropriate or default the membership fees of this Association.
Forty-ninth measures for the collection, management and use of membership fees shall be formulated by the provincial lawyers' congress. The Council may make appropriate adjustments within the scope determined by the provincial lawyers' congress according to the situation.
Article 50 The membership fee standards determined by this Association shall be reported to the Justice Department of Shandong Province, the Civil Affairs Department of Shandong Province and all china lawyers association for the record.
Article 51 The Association will conscientiously implement the Accounting System for Non-profit Organizations, establish and improve the financial management system, and ensure that the accounting information is legal, true, accurate and complete.
The association will formulate the budget and final accounts of membership fees, establish a separate account of membership fees, announce the income and expenditure of membership fees every year, and accept the supervision of members.
Fifty-second the wages, insurance and welfare benefits of the full-time staff of this Association shall be implemented with reference to the relevant provisions of the state and our province.
Chapter II Procedures for Amending XI's Articles of Association
Article 53 The Articles of Association shall be amended by the Provincial Lawyers' Congress. In any of the following circumstances, the Articles of Association shall be amended:
(a) the provisions of the articles of association conflict with the Constitution of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Lawyers or other relevant laws and regulations;
(two) the provisions of the articles of association conflict with the articles of association of all china lawyers association;
(three) the provincial lawyers' congress decided to amend it.
Article 54 The amendment of the Articles of Association shall be approved by the Council and submitted to the Provincial Lawyers' Congress for voting.
The resolution to amend the Articles of Association must be adopted by more than two thirds of the delegates present and voting.
Chapter XII Termination Procedure and Property Disposal after Termination
Article 55 When an association is dissolved according to law or needs to be cancelled due to division or merger, the Council or the Standing Council shall propose a termination motion.
Article 56 The motion to terminate this association must be voted by the lawyers' congress of the whole province and reported to the Justice Department of Shandong Province for examination and approval.
Article 57 Before the termination of this Association, a liquidation group shall be established to clean up the creditor's rights and debts and deal with the aftermath.
Article 58 The Association shall be terminated after the cancellation of registration by Shandong Provincial Civil Affairs Department.
Article 59 The remaining property after the termination of this Association will continue to be used for the development of lawyers in this province under the supervision of the Shandong Provincial Department of Justice and the Shandong Provincial Department of Civil Affairs in accordance with the relevant provisions of the state.
Chapter XIII Supplementary Provisions
Article 60 The convening of the lawyers' congress, council, board of supervisors and standing council of the whole province shall be valid only if more than half of the representatives, directors, supervisors and standing directors present at the meeting.
Article 61 The Standing Council shall be responsible for the interpretation of these Articles of Association.
Article 62 The Articles of Association shall be reported to the Justice Department of Shandong Province and all china lawyers association for the record.