Second: It is strictly prohibited for lawyers to express or imply a special relationship with judges or prosecutors to clients, or to express or imply a special relationship with judicial organs, judges, or prosecutors in public or through the media. wait.
Third: Lawyers and judges are strictly prohibited from distorting, misleading publicity and comments on cases through the media, self-media and other platforms, and it is strictly prohibited to promote misleading, false, and hype information by forwarding, commenting, etc.
At present, after deliberation and approval by the National Political and Legal Team Education and Rectification Leading Group, the Supreme People's Court, the Supreme People's Procuratorate, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Justice jointly issued the "On Establishing and Improving the Prohibition of Judges and Prosecutors" Opinions on the system and mechanism for improper interactions between officials and lawyers" and "Opinions on further regulating the profession of retired lawyers in courts and procuratorates". The two opinions are of great significance for comprehensively strengthening the construction of the team of judges, prosecutors and lawyers and building a "close" and "clear" relationship between judges, prosecutors and lawyers.
"Opinions on Establishing and Improving the System and Mechanism for Prohibiting Improper Interactions between Judges, Prosecutors and Lawyers"
The Opinions set out in the form of a negative list the prohibitions on private interactions and interference in cases , prohibiting the introduction of the source of the case, prohibiting the transfer of benefits, prohibiting improper interactions, and prohibiting interest collusion, etc.
The opinions put forward clear requirements for improving the supervision and investigation mechanism for improper interactions, strengthening the judicial supervision and restriction mechanism, strengthening the supervision mechanism for lawyers' practice, and promoting the mechanism for promoting legitimate interactions:
The opinions emphasize that, Courts, procuratorates, and judicial administrative agencies must establish and improve mechanisms for supervision and early warning of improper interactions, mechanisms for transferring clues, and mechanisms for joint investigations.
Courts and procuratorates must improve the internal operating mechanism of judicial power and strictly implement the "three regulations" monthly reporting system to prevent interference in justice.
Judicial administrative agencies should strengthen the supervision of lawyers, speed up the construction of lawyers' integrity information platforms, promptly disclose to the public information on lawyers being punished for improper contacts, and standardize lawyers' risk agency behavior.
Courts, procuratorates and judicial administrative agencies must strengthen the protection of lawyers’ rights to practice, implement a system for hearing lawyers’ defense representation opinions, improve mechanisms to facilitate lawyers’ participation in litigation, and build an open and transparent communication platform for judges, prosecutors and lawyers .
Legal basis:
Opinions on further regulating the employment of lawyers who have left their posts in courts and procuratorates
Article 2: This opinion applies to people’s courts at all levels , People’s Procuratorate personnel who leave their posts and have the status of civil servants when they leave their posts. Resignation includes retirement, resignation from public office, removal from office, resignation and transfer.
The term “lawyers” in this opinion refers to full-time and part-time lawyers practicing in law firms (including lawyers engaged in non-litigation legal affairs). The term "legal advisor" of a law firm as used in this opinion refers to a lawyer who does not practice law as a lawyer, but provides legal advice and legal argumentation on relevant business fields or cases, or carries out coordination, business development and other activities on behalf of the law firm. The term "law firm administrative personnel" as used in this opinion refers to the personnel employed by law firms to engage in secretarial, financial, administrative, human resources, information technology, risk management and other tasks.