The Implementation Measures will be officially implemented on August 1 2020. Liu Hui, deputy to the Shenzhen Municipal People's Congress, expressed the hope that the relevant units can fully and conscientiously implement the provisions of the Implementation Measures and effectively protect lawyers' right to practice according to law.
Six units jointly issued the "Implementation Measures" to protect lawyers' practice rights.
It is understood that in order to effectively protect lawyers' practice rights and give full play to lawyers' role, the Rights Protection Committee of Shenzhen Lawyers Association, on the basis of collecting the opinions of lawyers in the whole city, summarized and sorted out the main difficulties and obstacles encountered by lawyers in Shenzhen at present, and drafted the "Implementation Measures" (draft) from 2065438 to September 2007.
Over the past two years, the Municipal Lawyers Association has conducted research and demonstration with the Municipal Bureau of Justice, the Municipal Intermediate People's Court, the Municipal People's Procuratorate, the Municipal Public Security Bureau, the Municipal National Security Bureau and other units, and has repeatedly reported to the Political and Legal Committee of the Municipal Party Committee for discussion and research. The "Implementation Measures" was finally adopted by the Shenzhen Lawyers' Work Joint Conference, officially issued on July 15, and will be officially implemented on August 1 day.
The full text of the "Implementation Measures" consists of five chapters and 82 articles, which mainly puts forward normative requirements from the aspects of ensuring lawyers' right to accept entrustment, meeting, marking papers, applying for collection and evidence collection, knowing, defending, and representation in civil and administrative litigation. It has made clear and specific provisions on protecting lawyers' position and role in litigation activities, protecting lawyers' right to practice according to law, establishing and improving the relief mechanism for violations of lawyers' right to practice, and investigating lawyers' responsibility for obstructing practice according to law.
The Shenzhen Lawyers Association said that the promulgation of the "Implementation Measures" not only shows the remarkable achievements made by Shenzhen in ensuring lawyers to practice according to law, but also shows the advanced, practical, inclusive and exemplary nature of Shenzhen as a demonstration zone of socialist rule of law.
The "Implementation Measures" have attracted the attention of the industry in view of the pain points and difficulties in practice.
The promulgation of the "Implementation Measures" has also aroused widespread concern in the lawyer industry, among which the relevant provisions on protecting lawyers' right to meet and inquiring the information of defendants and third parties have also caused some discussions.
Liu Hui, a deputy of Shenzhen Municipal People's Congress and a senior partner of Guangdong Shengdian Law Firm, said in an interview with Du Nan that Shenzhen has issued the implementation measures in the form of six departments for the first time, which shows that it attaches great importance to the protection of lawyers' practice rights. The "Implementation Measures" is comprehensive in content, which puts forward normative requirements for the protection of lawyers' practice rights in criminal litigation, civil litigation and administrative litigation, and makes clear and specific provisions on the status and role of lawyers in litigation activities, the protection of their practice rights according to law, the accountability mechanism that hinders lawyers' practice according to law, and the relief mechanism that lawyers' practice rights are violated, and it has strong operability.
In criminal proceedings, Liu Hui said that the difficulty of meeting has always been a stubborn disease in the process of criminal defense, and it is also a problem that he has called for for many years as a representative of Shenzhen Municipal People's Congress. In this implementation method, it is clear that the detention center will implement an online meeting reservation mechanism, speed up the construction of meeting places, increase conference rooms, promote various forms such as quick meeting, video meeting and ordinary meeting, and implement weekend and holiday meeting to improve the efficiency of lawyers' meeting from the aspects of meeting places, forms and time, which not only guarantees lawyers' meeting rights, but also helps to further solve the problem of meeting difficulties.
In terms of civil and administrative litigation, Article 54 makes it clear that, in the case that the identity documents of the defendant and the third party cannot be provided, a lawyer can inquire about the national population information from the nearest public security organ with his practice certificate, firm certificate, power of attorney or legal aid letter, that is, "three certificates", so as to realize the networking between the public security organ and the court filing system and establish a platform for verifying the population information of the parties. Liu Hui pointed out that this will greatly facilitate Shenzhen lawyers to file civil and administrative cases, which is worth popularizing.
In terms of rights relief, Liu Hui said, in particular, the accountability for infringement of lawyers' practice rights has been specified in detail, which is different from several previously published documents on the protection of lawyers' practice rights. The detailed rules of accountability and strong operability, and the right to have relief are the key to protect the lawyer's right to practice.
The "Implementation Measures" was officially implemented on August 1 day, and NPC urged relevant units to seriously implement it on behalf of the Committee members.
The implementation measures were officially issued on July 15 and officially implemented on August 1 day. Liu Hui called on the relevant units to fully and conscientiously implement the provisions of the Implementation Measures to truly protect lawyers' right to practice according to law.
"Lawyers are an important force in the construction of the rule of law in the country. Only by strictly implementing the regulations that guarantee lawyers' right to practice according to law can Shenzhen truly reflect the status of the socialist demonstration zone and the rule of law demonstration zone. " Liu Hui said that with the protection of the Implementation Measures, Shenzhen lawyers will also make new and greater contributions to the construction of Shenzhen socialist demonstration zone, especially the rule of law demonstration zone.