Article 1 In order to improve and standardize the management of lawyers' associations and safeguard the legitimate rights and interests of lawyers, 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 of this province.
Article 2 Zhejiang Lawyers Association (hereinafter referred to as the Association) is a social group legal person established according to law and composed of all lawyers and law firms in Zhejiang Province. It is a self-regulatory organization of the lawyer industry, providing services and implementing management to the lawyer industry according to law.
Article 3 Purpose of the Association: unite and lead its members to faithfully perform their duties as lawyers in Socialism with Chinese characteristics, safeguard the correct implementation of laws, social fairness and justice, safeguard the legitimate rights and interests of parties, safeguard the legitimate rights and interests of members and the overall interests of the industry, reflect the demands of members, provide services for their practice, manage, educate and supervise their practice, standardize their practice, improve their professional ethics and practice ability, develop their legal career, and promote social harmonious development and civilized progress for building a socialist country ruled by law.
Article 4 Under the supervision and guidance of the Zhejiang Provincial Department of Justice, this Association independently carries out its work according to law and accepts the guidance of all china lawyers association.
Article 5 Chinese name of this Association: Zhejiang Lawyers Association; English name of the Association: Zhejiang Lawyers Association.
The site of our association is located in Hangzhou.
Chapter II Responsibility
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 of the lawyer industry, the lawyer's practice norms and the industry management system;
(three) to formulate measures for rewards and punishments for members and supervise their implementation;
(four) to be responsible for the education, inspection and supervision of lawyers' professional ethics and practice discipline;
(5) Handling complaints against members;
(six) to mediate disputes arising in the practice activities of members;
(7) Evaluating lawyers' practice activities;
(eight) to organize and manage the internship activities and internship assessment of practitioners who apply for the qualification of lawyers;
(nine) to carry out pre-practice training and post-practice continuing education for lawyers;
(ten) to guide and supervise the standardization of law firms;
(eleven) to carry out lawyers' business seminars and summarize and exchange lawyers' work experience;
(twelve) to organize lawyers to carry out exchanges at home and abroad;
(thirteen) to publicize the work of lawyers and enhance the influence of lawyers;
(fourteen) to organize lawyers and law firms to carry out social welfare activities;
(fifteen) to encourage and support members to participate in the discussion of state affairs;
(sixteen) to guide the work of the Municipal Lawyers Association;
(seventeen) to provide welfare and other protection for members;
(eighteen) to coordinate the relationship with the relevant judicial, law enforcement and administrative organs, and put forward legislative and judicial suggestions.
(nineteen) to handle the affairs authorized and entrusted by all china lawyers association and relevant departments;
(twenty) other duties stipulated by laws, regulations, rules and industry norms.
Chapter III Members
Article 7 The members of this Association are composed of individual members and group members.
Article 8 According to the provisions of the Lawyers Law of People's Republic of China (PRC), lawyers who have obtained the lawyer's practice certificate and practiced in law firms or branches established in this province according to law, as well as legal aid lawyers, public lawyers and company lawyers within the jurisdiction of this province, are individual members of this Association.
Law firms and their branches legally approved within the jurisdiction of this province are group members of this Association.
Article 9 Persons who have obtained the legal professional qualification certificate or lawyer qualification certificate, practiced in the lawyer's practice institutions in this province, and obtained the internship certificate, shall accept the management of this Association and the local municipal lawyers' association in accordance with the provisions of the Rules for the Administration of Lawyers' Internship in all china lawyers association.
Article 10 Rights of individual members:
(a) The right to vote, to be elected and to vote;
(2) Having the right to practise legally;
(three) to participate in the study and training, professional seminars and exchange activities organized by the association, and to make use of the resources of the association;
(4) enjoy the benefits provided by this association;
(five) to request the Council to put forward opinions and suggestions on legislation, justice and administrative law enforcement to the relevant departments;
(six) to supervise the work of this association and put forward criticisms, suggestions or questions;
(seven) the right to defend the complaint, report or punishment;
(eight) other rights enjoyed in accordance with the law and industry norms.
Article 1 1 Obligations of individual members:
(1) Abide by the articles of association and implement the resolutions of the 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 inspection, supervision and management of the lawyers association;
(four) to participate in political study, vocational training, social activities, etc. Organized by this association;
(five) in the process of being complained and reported, accept the investigation of this bureau;
(six) to implement the disciplinary decisions made by the lawyers association;
(seven) to undertake the work entrusted by the association and fulfill the obligation of legal aid according to law;
(eight) consciously safeguard the professional honor and industry reputation of lawyers, and safeguard the unity among members;
(nine) to pay membership fees in accordance with the provisions;
(ten) other obligations undertaken in accordance with the law and industry norms.
Article 12 Rights of Group Members:
(a) Participating in meetings and other activities organized by the Association;
(two) to request the Council to put forward opinions and suggestions on legislation, justice and administrative law enforcement to the relevant departments;
(3) * * * enjoys the information resources of the Association;
(four) to supervise the work of this association and put forward opinions, suggestions or questions;
(five) to participate in the study and business exchanges organized by the association;
(six) the right to defend the complaint, report or punishment;
(seven) other rights enjoyed in accordance with the law and industry norms.
Article 13 Obligations of Group Members:
(1) Abide by the articles of association and implement the resolutions of the Association;
(2) Educating lawyers to abide by the code of conduct for lawyers;
(3) Organizing lawyers to participate in various activities of the Association;
(4) Formulating and implementing internal rules and regulations;
(5) Providing necessary conditions for lawyers to exercise their rights and perform their obligations;
(six) in the process of being complained and reported, accept the investigation of this bureau;
(seven) to implement the disciplinary decisions made by the lawyers association;
(8) Organizing and participating in lawyers' professional liability insurance;
(nine) the management of lawyers' practitioners, assessment of lawyers' practice activities;
(10) Failing to pay membership dues as required;
(eleven) to undertake the work entrusted by the association;
(twelve) other obligations undertaken in accordance with the law and industry norms.
Article 14 An individual member shall go through the membership registration formalities at the Municipal Lawyers Association where his lawyer practice institution is located.
Fifteenth individual members in any of the following circumstances, its membership is terminated:
(a) not practicing in the province's lawyer practice institutions;
(2) Failing to pass the annual examination of lawyer's practice and no longer engaging in the profession of lawyer;
(three) the lawyer's practice license has been revoked by the judicial administrative organ or the membership of this association has been cancelled.
The procedures for terminating membership shall be handled by the Municipal Lawyers Association in the place where it is registered, and reported to this Council for the record.
Article 16 If a lawyer's practice institution is cancelled or its practice license is revoked by the judicial administrative organ, its group membership will automatically terminate.
Seventeenth members refused to perform their obligations, the association can be punished according to the circumstances.
Chapter IV Lawyers' Congress
Article 18 Zhejiang Lawyers' Congress (hereinafter referred to as Lawyers' Congress) is the highest authority of this Association. The lawyers' congress is held every four years. When necessary, the meeting shall be held in advance or postponed by the Standing Council of the Association, but the postponement shall not exceed one year.
A temporary lawyers' congress may be convened upon the written proposal of more than one third of the lawyers' representatives or the decision of the Council.
Article 19 The functions and powers of a lawyer's congress are:
(a) to formulate and amend the articles of association, management measures for the collection and use of membership fees and other important industry rules;
(two) to discuss and decide on the working principles and tasks of this association;
(three) to review and approve the work report and work plan of the Council;
(4) To elect and recall the directors of this Association;
(five) to consider the audited report on the income and expenditure of membership fees;
(six) to propose amendments to the articles of association and other major issues to all china lawyers association;
(seven) to consider other matters decided by the lawyers' congress as stipulated by laws, regulations and articles of association.
Article 20 The representatives of the lawyers' congress shall be practicing lawyers in Zhejiang Province who have obtained the lawyer's practice certificate, have good professional ethics, and have not been subject to administrative punishment or industry punishment for their practice within five years.
Representatives of the lawyers' congress are elected by the Municipal Lawyers Association.
The current president of the Municipal Lawyers Association is the natural representative of the lawyers' congress.
According to the needs, the lawyers' congress invited relevant persons to attend the meeting as invited representatives. Specially invited representatives do not enjoy the right to vote, to be elected and to vote at the meeting.
The term of office of deputies to the lawyers' congress is the same as that of the congress, and each term is four years, and they can be re-elected.
Article 21 Before a lawyer's congress is held, a preparatory meeting shall be held to decide on the presidium of the congress, adopt the agenda of the meeting and other preparatory matters.
The members of the Presidium of the Congress are produced from lawyers' representatives and specially invited representatives.
Article 22 The duties of the Presidium of the General Assembly are: to preside over the General Assembly, decide on matters to be submitted to the General Assembly for voting and deliberation, and propose candidates for directors, executive directors, vice presidents and presidents.
Twenty-third representatives of the lawyers' congress shall attend the meetings of the lawyers' congress and exercise the following functions and powers:
(a) to exercise the right of deliberation, voting, proposal and inquiry at the congress, and to enjoy the right to vote and stand for election;
(2) Contact members, reflect their voices and suggestions and safeguard their rights and interests;
(3) Other functions and powers as stipulated in the articles of association.
Article 24 A meeting of the lawyers' congress can only be held when more than two thirds of the representatives are present.
Lawyers' congresses exercise the right to vote, and each representative enjoys one vote.
Decisions and resolutions made by the lawyers' congress must be adopted by more than half of the delegates present.
Twenty-fifth during the lawyers' congress, more than ten representatives can put forward proposals within their functions and powers to the lawyers' congress, and the presidium will examine and decide whether to submit them to the congress for consideration.
Before the proposal submitted to the lawyers' congress is submitted to the congress for voting, if the sponsor requests to withdraw it, the deliberation of the proposal shall be terminated.
Twenty-sixth during the meeting of the lawyers' congress, more than ten representatives may submit questions to the Standing Committee and the special committee in writing, which shall be decided by the presidium to be submitted to the organ under question, and the person in charge of the organ under question shall answer at the meeting. Representatives who ask questions can express their opinions on the answers.
Article 27 When the lawyers' congress is not in session, the representatives may individually or jointly put forward proposals, opinions or suggestions to this Council. If the proposal is decided by the chairman's office meeting, a meeting of the Standing Council shall be held to discuss it, and the representative who made the proposal 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.
Article 28 When a lawyer's congress votes, passes proposals or other voting matters, the presidium decides to vote by secret ballot or by raising hands.
Chapter V Council and Standing Council
Article 29 The Council of this Association is the permanent body of the lawyers' congress and is responsible to the lawyers' congress.
The director shall be elected by the lawyers' congress from among the deputies for a term of four years and may be re-elected. The re-election of each Council member shall not be less than one third.
Article 30 A director shall practice for more than five years, have no bad practice record, have high comprehensive quality and strong deliberation ability, be enthusiastic about public welfare undertakings and have dedication.
The directors shall fulfill their obligations of honesty and diligence, safeguard the interests of the association, and accept the supervision and suggestions of their representatives in performing their duties.
Article 31 The Council shall perform the following duties:
(a) report to the lawyers' congress;
(two) to discuss and decide on major issues and exercise their functions and powers when the lawyers' congress is not in session;
(3) Deliberating and adopting the work report of the Standing Council;
(four) to formulate industry management rules, professional ethics, practice standards and related rules and regulations;
(five) to listen to the reports of the chairman, vice chairman and executive director, and to comment on the performance of their duties;
(six) to elect and recall the president, vice president and executive director;
(seven) to propose the election and recall of directors to the lawyers' congress;
(eight) to elect and recall the deputies to the National Lawyers' Congress elected by the province;
(nine) to review the report on the income and expenditure of membership dues and approve the budget and final accounts of membership dues;
(ten) the implementation of the decisions and resolutions of the Party organizations;
(eleven) other duties that should be performed by the Council.
Article 32 The Council meeting shall be held once a year. When necessary, the meeting may be held in advance or postponed upon the decision of the Standing Council. 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 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.
Thirty-third directors no longer have the qualification of lawyers in this province due to changes in their work, etc., and shall submit an application to the Standing Council for resigning as directors within one month.
If a director fails to attend the board meeting twice without justifiable reasons or no longer has the qualification of lawyer in this province and fails to apply for resignation as a director within the prescribed time limit, his qualification as a director will automatically terminate.
Article 34 Under any of the following circumstances, a director shall be dismissed:
(a) do not implement the resolutions of the member congress, the Council and the Standing Council;
(two) subject to criminal punishment, stop practicing more than administrative punishment;
(3) Other circumstances that warrant dismissal.
Directors who have been punished by industries above informed criticism may be removed from their posts.
Article 35 The Council shall elect a president, several executive directors and several vice-presidents. The Permanent Council is the permanent body of the Council.
Article 36 The president, vice-president and executive director shall be produced from the directors who have been practicing for more than eight years, enjoy a high reputation in the lawyer field of this province, have strong organization and sociality, have excellent professional quality, have remarkable achievements, act impartially and are enthusiastic about lawyers' public welfare undertakings.
The term of office of the president, vice-president and executive director is the same as that of the Council, and they may be re-elected, but the president may not be re-elected for more than two terms. Members of each session of the Standing Council shall be re-elected for not less than 1/3.
The president shall not concurrently serve as the legal representative of other associations.
Article 37 The Standing Council shall perform the following duties:
(1) Organizing lawyers' congresses;
(2) To be responsible for implementing the resolutions of the Council;
(3) Report its work to the Council;
(4) To decide on the establishment of special committees and professional committees and the appointment and removal of directors and deputy directors;
(5) To put forward suggestions to the Council on by-election and recall of executive directors, vice presidents and recall and by-election of presidents;
(6) Appoint the Secretary-General, decide on the Deputy Secretary-General upon nomination by the Secretary-General, and decide on the establishment of a secretariat;
(seven) to listen to the work report of the secretariat;
(eight) to discuss and decide on rewards and punishments for members;
(nine) to implement the decisions and resolutions of the Party organizations of this Association;
(ten) to guide and supervise the work of the municipal lawyers association;
(eleven) to decide on the purchase, disposal and major financial expenditure of large-scale fixed assets of the Association;
(twelve) other important daily work.
Article 38 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.
Thirty-ninth during the meeting of the Standing Committee, the meeting of directors of the Standing Committee may put forward questions to the secretariat, special committees and professional committees, and the person in charge of the organ in question will reply at the meeting of the Standing Committee.
Article 40 The president of this Association is the legal representative of this Association and exercises the following powers:
(1) Convening and presiding over the meetings of the Council, the Standing Council and the president's office;
(two) to supervise and inspect the implementation of the resolutions of the Council and the Standing Council;
(3) Signing important documents of this Association;
(four) on behalf of the association to participate in relevant meetings, to carry out foreign exchanges and coordination;
(5) Handling emergencies;
(six) to exercise other functions and powers granted by the lawyers' congress, the Council and the Standing Council.
If the president cannot work normally for more than three months, the Standing Council shall elect one of the vice presidents to act as the president until the president can work normally or elect a new president.
The vice president assists the president in his work. When necessary, may be entrusted by the President to convene and preside over meetings of the Council and the Standing Council.
Article 41 The Association implements the chairman's office meeting system, which is composed of the chairman, vice-chairman and secretary-general. The president's office meeting shall be held at least once a month.
Article 42 The president, vice presidents and executive directors shall report their work to the Council every year and accept the evaluation and assessment by the Council. After the meeting, the report will be published in the magazine and website of the association, and the opinions of members will be accepted.
Article 43 If the president, vice presidents and executive directors fail to attend the meetings of the Standing Council twice within one year without justifiable reasons or fail to attend the meetings of the Standing Council for five times during their term of office, they shall resign.
If the qualifications of the president, vice president and executive director are automatically cancelled according to the articles of association, the positions of the president, vice president and executive director shall be cancelled accordingly.
Article 44 Under any of the following circumstances, the president, vice president and executive director shall be removed:
(1) Being removed from the post of director;
(2) Failing to attend the meeting of the Standing Council for more than three times within one year without justifiable reasons;
(3) Other circumstances that warrant dismissal.
If the president, vice-president and executive director are removed, the Standing Council shall decide to stop their duties first and adopt a resolution of removal at the next Council meeting.
Article 45 The president, vice-president, executive director and directors shall not use their position and authority in this Association to seek personal interests or engage in unfair competition.
The president, vice president, executive director and director shall sincerely listen to the opinions and suggestions of members and judicial administrative organs, and accept the supervision of their performance.
Article 46 The Association may, according to needs and upon the decision of the Standing Council, appoint honorary presidents and consultants.
Chapter VI Secretariat
Article 47 The Association shall set up a secretariat as the daily office of the Association, responsible for implementing the resolutions and decisions of the lawyers' congress, the Council, the Standing Council and the president's office meeting, and undertaking the daily work of the Association.
The Secretariat is responsible to the Standing Council and reports its work to the Standing Council.
Article 48 The Association shall have one Secretary-General and several Deputy Secretaries-General. The Secretary-General shall be nominated by the President's office meeting and appointed by the Standing Council. The Deputy Secretary-General shall be nominated by the Secretary-General and decided by the Standing Council.
The Secretary-General and the Deputy Secretary-General attend the meetings of the Council and the Standing Council as nonvoting delegates.
Article 49 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, the Standing Council and the president's office meeting;
(3) To submit to the Standing Council the appointment or dismissal of the Deputy Secretary-General and other staff members of the Secretariat;
(four) to formulate and implement the internal rules and regulations of the Secretariat;
(five) to formulate the organizational plan of the secretariat;
(6) Coordinating the work of judicial administrative organs and relevant departments;
(seven) to complete other tasks assigned by the Council, the Standing Council and the president's office meeting;
(eight) other duties assigned by the Standing Council.
Article 50 The term of office of the Secretary-General and the Deputy Secretary-General shall be the same as that of the Standing Council.
Chapter VII Special Committees and Professional Committees
Article 51 The special committee is the body of this Association that performs various special duties.
The establishment of special committees shall be decided by the Standing Council. The special committees report their work to the Standing Council every year.
The special committee shall have one chairman and several vice-chairmen. The term of office of the Special Committee is four years.
Article 52 A professional committee is an institution where members conduct business discussions and exchanges.
The establishment of professional committees shall be decided by the Standing Council. Professional committees report their work to the Standing Council every year.
The professional committee shall have one director and several deputy directors. The term of office of the professional committee is four years.
With the consent of the Standing Council, the professional committee may employ experts, scholars and relevant leaders as consultants.
Chapter VIII Reward and Punishment and Dispute Mediation
Article 53 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. Give industry punishment to members who violate lawyers' professional ethics and practice discipline and lawyers' industry norms.
Article 54 If a member is under any of the following circumstances, the Association will give him a notice of praise, commendation, honorary title and other awards:
(a) made outstanding contributions in the construction of democracy and the rule of law;
(2) Having made significant contributions to safeguarding the interests of the state and the people;
(three) handling major legal affairs and making remarkable achievements;
(4) Having made outstanding contributions to the improvement of legislation and judicial work;
(5) Being enthusiastic about public welfare undertakings and making remarkable achievements in building a harmonious society;
(6) Having made outstanding contributions to the construction and development of the lawyer industry;
(seven) by the party committee, government departments and social organizations awarded the honorary title;
(eight) other circumstances that should be rewarded.
Article 55 If a member commits any of the following acts, the FSC will give him disciplinary sanctions such as warning, informed criticism, public condemnation and cancellation of membership. , as the case may be:
(1) Violating the Lawyers Law of People's Republic of China (PRC) 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 illegal acts that FSC believes should be punished by the industry.
For members' violations of laws and regulations, the association may suggest that the judicial administrative department with the right to punish them be given administrative punishment.
Article 56 Before making a disciplinary decision against a member, the member's arguments should be carefully listened to, and the member has the right to request a hearing as needed.
Article 57 If a member is punished by the judicial administrative department for stopping practicing due to violation of laws and regulations, he shall not enjoy the right to vote and stand for election during the period of stopping practicing.
Fifty-eighth rewards and punishments for members shall be recorded in the archives and published in an appropriate way.
Article 59 In case of disputes between members or between members and parties in practice, they may apply to this Association for mediation. The expenses arising from mediation shall be borne by the parties concerned, and the specific mode of bearing shall be decided by the relevant special committee.
Members should consciously fulfill the agreement reached through mediation.
Article 60 Specific measures for rewarding, punishing and mediating disputes among members shall be formulated separately by the Standing Council of this Association.
Chapter IX Economic Expenses
Article 61 The sources of funds of this Association are:
(a) membership fees (including group membership fees and individual membership fees, the same below);
(2) financial allocation;
(3) social donations;
(4) Member sponsorship;
(5) government funding;
(6) Other lawful income.
Article 62 Members must fulfill their obligation to pay membership dues. Industry penalties shall be imposed on members who default or deduct their membership dues, and they shall be ordered to pay within a time limit.
Sixty-third membership fees are collected annually, and members must pay their membership fees before the annual assessment.
Article 64 Membership dues are mainly used for the following expenses:
(a) to pay the membership fee of the superior lawyers association;
(2) Activities of special committees and professional committees;
(three) the cost of work and business discussion;
(four) the expenditure of the executive body of the association;
(5) funds for party building work in the lawyer industry;
(six) to carry out the exchange activities of lawyers at home and abroad;
(7) Advocacy and promotion by lawyers;
(eight) to safeguard the legitimate rights and interests of lawyers and reward and punish members;
(nine) to provide members with learning materials, training and publishing books and periodicals;
(ten) subsidies for members with special difficulties;
(eleven) member welfare undertakings and cultural and sports activities;
(twelve) other necessary expenses.
Article 65 The Bar Association shall strengthen the management of the collection and use of membership dues. Measures for the administration of the collection and use of membership dues shall be formulated and revised by the lawyers' congress in accordance with relevant state regulations.
Article 66 An association shall establish a system of membership dues budget and final accounts, and the annual budget and final accounts of the lawyers association shall be approved by the Council.
Chapter X Supplementary Provisions
Article 67 The representative offices and resident lawyers established in this province by foreign and Hong Kong, Macao and Taiwan lawyer practice institutions approved by the Ministry of Justice of People's Republic of China (PRC) and the People's Republic of China shall accept the supervision and management of this Association in accordance with the provisions of relevant laws and regulations.
Article 68 In any of the following circumstances, the lawyers' congress shall amend the articles of association:
(1) The provisions of the Articles of Association conflict with the Lawyers Law of People's Republic of China (PRC) and other relevant laws, regulations and rules or the relevant provisions of the Articles of Association of all china lawyers association;
(2) The lawyers' congress decided to amend the articles of association.
Article 69 The formulation and revision of the Articles of Association must be approved by more than two thirds of the representatives present at the lawyers' congress.
Article 70 The terms "at least", "not less than" and "above" mentioned in the Articles of Association all include this number.
Article 71 The Articles of Association shall come into effect after being adopted by Zhejiang Lawyers' Congress, and the Standing Council of this Association shall be responsible for the interpretation.
Article 72 The Articles of Association shall be reported to all china lawyers association, Zhejiang Provincial Department of Justice and Zhejiang Provincial Department of Civil Affairs for the record.