Articles of Association of Chongqing Lawyers Association

Articles of Association of Chongqing Lawyers Association

(1Adopted by the First Chongqing Lawyers' Congress on October 28th.

On March 24th, 2002, the second Chongqing Lawyers' Congress was revised for the first time.

On April 26th, 2005, the third Chongqing Lawyers' Congress was revised for the second time.

On May 28th, 2008, the fourth Chongqing Lawyers' Congress was revised for the third time.

20114th revision of the 5th Chongqing Lawyers' Congress on July 8th)

Chapter I General Principles

Article 1 In order to improve the management system of lawyers, give full play to the role of lawyers' associations and safeguard the legitimate rights and interests of members, these Articles of Association are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) and the Articles of Association of all china lawyers association.

Article 2 Chongqing Lawyers Association (hereinafter referred to as the Association) is a social organization legal person established according to law and composed of Chongqing lawyers. It is a lawyer's self-discipline organization, which manages lawyers according to law.

We can set up branches or member liaison groups in districts and counties (autonomous counties and cities) as needed.

Article 3 The purpose of this Association is to unite and educate its members to safeguard the dignity of the Constitution and laws, be loyal to the cause of lawyers, and observe the professional ethics and practice discipline of lawyers; Safeguard the legitimate rights and interests of members and improve their professional quality; Strengthen industry self-discipline and promote the healthy development of lawyers; Strive for governing the country according to law, building a socialist country ruled by law and promoting social civilization and progress.

Article 4 This Association accepts the supervision and guidance of Chongqing Municipal Bureau of Justice. We are a group member in all china lawyers association, under the guidance of all china lawyers association.

Chapter II Members

Article 5 Lawyers in this Municipality who have obtained the lawyer's practice certificate in accordance with the provisions of the People's Republic of China (PRC) Lawyers Law and paralegals who have obtained the paralegal certificate issued by the Chongqing judicial administrative organ are individual members of this Association.

Lawyers who join this association are also members of the National Lawyers Association.

Article 6 Rights of individual members

(a) enjoy the right to vote and be elected;

(two) to put forward the requirements for safeguarding the legitimate rights and interests of lawyers;

(three) to participate in the study and training organized by the association;

(four) to participate in legal research and experience exchange activities;

(five) enjoy the welfare benefits organized by this association;

(six) the use of books, materials, networks, information and facilities. ;

(seven) to put forward opinions and suggestions on legislation, justice and administrative law enforcement;

(eight) to criticize and make suggestions on the work of this association.

Article 7 Obligations of individual members:

(1) Abiding by the Constitution and laws;

(2) Abide by the articles of association of this Association and implement the resolutions of this Association;

(three) abide by the professional ethics and practice discipline of lawyers, and abide by the professional norms and standards of lawyers;

(four) accept the guidance, supervision and training of this association, and complete the work entrusted by this association;

(five) according to the provisions of the Association to pay membership fees on time;

(six) to fulfill the legal aid obligations stipulated by the association;

(seven) consciously safeguard the professional honor of lawyers and maintain the unity among members.

Article 8 Rights of Group Members

(a) * * * enjoy the Association's books, materials, networks, information, facilities and other resources;

(two) to participate in meetings and other activities organized by the association;

(three) to participate in the study and business exchanges organized by the association;

(four) to supervise the work of this association and put forward opinions, suggestions or questions;

(5) Apply to this Council for mediation of internal disputes;

(six) the right to defend the complaint, report or punishment;

(seven) to request the Council to put forward opinions and suggestions on legislation, justice and administrative law enforcement to the relevant departments;

(eight) to require the CSRC to put forward opinions and suggestions to the relevant departments on the relevant issues and opinions in the practice process;

Article 9 Obligations of Group Members:

(a) To communicate, study and implement the resolutions of this Council;

(2) Educating lawyers to abide by lawyers' professional ethics and discipline;

(3) Organizing lawyers to participate in various activities of the Association;

(4) Establish and improve internal rules and regulations, and supervise and assess lawyers' practice activities;

(5) Providing necessary conditions for lawyers to exercise their rights and perform their obligations;

(six) according to the provisions of payment and collection of membership fees;

(seven) to undertake the work entrusted by the association.

Chapter III Duties of Lawyers Association

Article 10 The Association shall perform the following duties:

(a) to ensure that members practice according to law, safeguard the legitimate rights and interests of members, and improve the security system for members' practice;

(2) Summarizing and exchanging the working experience of lawyers;

(three) to formulate industry norms and disciplinary rules;

(4) Organizing lawyers' professional training, professional ethics and practice discipline education, and assessing lawyers' practice activities;

(five) to organize and manage the internship activities of lawyers, and to assess the interns;

(6) Rewarding and punishing lawyers and law firms;

(7) Accepting complaints or reports against lawyers, mediating disputes arising from lawyers' practice activities and accepting lawyers' complaints;

(eight) organize members to carry out foreign exchanges;

(nine) to participate in legislative activities and put forward suggestions to the relevant departments on the construction of the legal system and lawyer system;

(10) to publicize the work of lawyers;

(eleven) to carry out member welfare work;

(twelve) to guide the standardized management of law firms;

(thirteen) to coordinate relations with relevant judicial, law enforcement and administrative organs;

(fourteen) other duties entrusted by the judicial administrative department and all china lawyers association;

(fifteen) other duties stipulated by laws, administrative regulations, rules and the articles of association of all china lawyers association.

Chapter IV Organizational Structure

Article 11 The highest authority of this Association is the Municipal Lawyers' Congress.

The lawyers' congress is held every three years. When necessary, the Standing Council of the Association will decide to convene a lawyer's congress in advance or later.

Representatives of the lawyers' congress are elected or produced from individual members.

According to the needs, the association invites relevant persons to attend the lawyers' congress as invited representatives. The functions and powers of specially invited representatives shall be decided by the Council.

Article 12 The functions and powers of the lawyers' congress of this Association are as follows:

(a) to propose amendments to the articles of association of the National Lawyers Association and other major issues to the National Lawyers Association;

(2) Formulating and amending the articles of association;

(three) to discuss and decide on the working principles and tasks of this association;

(four) to listen to and consider the work report of the Council;

(5) Electing or dismissing the directors of this Association;

(six) to consider the audited report on the income and expenditure of membership fees;

(seven) to consider other matters proposed by the presidium of the general assembly.

Article 13 The Council of this Association shall be elected by the lawyers' congress. The Council is the permanent body of the lawyers' congress and is responsible to the congress. The term of office of the Council is three years.

Article 14 The member congress or the plenary meeting of the Council elects the president, vice-president and executive director;

According to the needs of the work, the honorary president can be recommended and several consultants can be hired.

The President may be re-elected for two consecutive terms. The recall of the president must be approved by more than two-thirds of the members of the National Assembly or the Council.

The vice president may be re-elected, but the term of office shall not exceed two consecutive terms. Every candidate for vice president and executive director should be updated by not less than one third.

Directors and executive directors who fail to perform their duties twice in a row shall be deemed to have automatically withdrawn from the Council.

With the consent of more than two-thirds of the directors of the Council, directors, executive directors and vice-presidents may be co-elected or removed.

Article 15 The plenary meeting of the Council shall be held at least once a year. When necessary, the meeting may be postponed or held in advance upon the decision of the Standing Council of the Association. The plenary session of the Council listened to the work report of the Standing Council, reviewed the income and expenditure of membership fees, reviewed the financial budget plan for the next year, and discussed and decided on major issues in the work of the Council.

Article 16 The Standing Council is the permanent body of the Council, consisting of the president, the vice president and the executive director. The Standing Council exercises the functions and powers of the Council when the Council is not in session.

Article 17 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 President shall convene and preside over the meeting of the Standing Council. When necessary, the vice president may be entrusted to convene and preside over the meeting of the Standing Council.

Article 18 The president's office meeting is responsible for supervising and implementing the work deployed by the Standing Council. The president's office meeting consists of the president and the vice president, and the president calls meetings regularly.

Article 19 The Association shall set up an executive body, which shall be specifically responsible for implementing the resolutions and decisions of the Lawyers' Congress, the Council and the Standing Council, and undertake the daily work of the Lawyers' Association.

The association has 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 approved by the Standing Council. The Secretary-General shall, within the scope authorized by the Standing Council, lead and organize the work of the executive body of the Association. The Secretary-General and the Deputy Secretary-General shall attend the office meetings of the Council, the Standing Council and the President.

The working department of the executive body of this Association shall be established by the Standing Council as required.

Article 20 The Association shall establish a committee for safeguarding the legitimate rights and interests of lawyers and a disciplinary committee.

Other special committees may be established upon the decision of the Standing Council.

Article 21 The Association may 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 and draft professional norms and standards for lawyers according to the requirements and work objectives when they were established.

The Standing Council may employ experts, scholars and relevant leaders as consultants of professional committees.

Chapter V Reward and Punishment

Article 22 The Association may reward members who have performed their duties as members in an exemplary manner and made outstanding contributions to the development of lawyers. Give necessary punishment to members who violate laws and legal professional norms.

Twenty-third members in any of the following circumstances, shall be commended, rewarded and awarded the honorary title by the association:

(1) Having made outstanding contributions to improving legislative and judicial work and promoting the reform and development of lawyers;

(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 results;

(four) other circumstances that should be rewarded.

Article 24 If a member commits one of the following acts, the FSC will give disciplinary sanctions such as warning, informed criticism, public condemnation and cancellation of membership depending on the circumstances.

(1) Violating the provisions of the Lawyers Law and other laws and regulations;

(2) Violating the company's articles of association and the legal profession norms;

(3) Failing to fulfill the obligations of membership;

(4) Violating lawyers' professional ethics and practice discipline;

(five) a serious violation of social morality, affecting the professional image and honor of lawyers.

For members' violations of laws and regulations, the association has the right to propose punishment suggestions to the administrative organs with disciplinary power.

Article 25 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 membership rights such as the right to vote and be elected during the period of stopping practicing.

Chapter VI Economic Expenses

Article 26 The sources of funds of this Association include:

(1) Membership fee income;

(2) financial allocation;

(3) social donations;

(4) Other lawful income.

Article 27 Members must fulfill their obligation to pay membership dues. The membership fee is charged annually, and members must pay the membership fee before registering every year.

Twenty-eighth membership fees are mainly used for:

(1) Convening lawyers' congresses, councils, working meetings, business seminars, commendation meetings, exchange activities, etc. ;

(two) to safeguard the legitimate rights and interests of lawyers and the rewards and punishments of members;

(3) Activities carried out by the lawyers' special committees and professional committees;

(four) the expenditure of the executive body of the association;

(five) to provide learning materials and training for members;

(6) Organizing welfare undertakings for members;

(7) members of the poverty-stricken areas help group;

(eight) to carry out international exchange activities for lawyers, and to carry out exchanges with lawyers from Taiwan, Hong Kong and Macao;

(9) Lawyers' publicity;

(10) Paying membership fees to all china lawyers association;

(eleven) to allocate funds for the work of the branch;

(twelve) other necessary expenditures discussed and approved by the Standing Council.

Twenty-ninth specific measures for the management of membership dues revenue and expenditure shall be formulated separately.

Chapter VII Supplementary Provisions

Article 30 The Standing Council of this Association shall be responsible for the interpretation of these Articles of Association.

Article 31 The Articles of Association shall be amended by the lawyers' congress of the whole city. When necessary, supplementary provisions may be made to the Articles of Association upon the proposal of the Standing Council of the Association and the approval of more than two thirds of the directors at the plenary meeting of the Council of the Association.

Article 32 The Articles of Association shall come into effect as of the date of adoption by the first member congress of the Association.

Article 33 The Articles of Association shall be reported to all china lawyers association and Chongqing Municipal Bureau of Justice for the record.