Article 1 (Purpose and Basis)
In order to further strengthen and standardize the handling and punishment of complaints about violations of laws and regulations of lawyers and law firms in this Municipality, and standardize the practice behavior of lawyers and law firms, these measures are formulated in accordance with the relevant provisions of the People's Republic of China (PRC) Lawyers Law, the Measures for the Administration of Law Firms, the Measures for the Administration of Lawyers' Practice, and the Measures for the Punishment of Lawyers and Law Firms, combined with the actual work.
Article 2 (Scope of Application) These Measures are applicable to the two-level judicial administrative organs in urban areas and the Municipal Lawyers Association in handling the complainants' complaints about illegal acts in the practice activities of lawyers and law firms in this Municipality, and in implementing relevant disciplinary activities according to law.
The term "complainant" as mentioned in these Measures refers to the natural person, legal person and unincorporated organization that believes that lawyers and law firms have violated laws and regulations in their practice activities and infringed on their legitimate rights and interests, and complained to the judicial administrative organ or the Municipal Lawyers Association.
The term "punishment" as mentioned in these Measures refers to the administrative punishment made by the judicial administrative organ according to law and the industrial punishment made by the Municipal Lawyers Association.
Article 3 (Working Principles) Lawyers and law firms shall follow the principles of territorial management, graded responsibility, objective and fair handling according to law, combination of administrative supervision and industrial punishment, combination of disciplinary warning and educational guidance, and combination of coordinated interpretation and dispute resolution.
Chapter II Acceptance of Complaints Article 4 (Channels for Accepting Complaints)
The judicial administrative organ and the Municipal Lawyers Association shall take the initiative to announce the telephone number and address of complaints and reports to the public, and open channels for complaints and reports on the official website.
Complainants can express their demands through letters, telephone calls, interviews, etc. , and submit a letter of complaint, proof of identity, contact information and related evidence. If the complainant entrusts an agent, he shall also submit the power of attorney, the identity certificate of the agent and the contact information.
Article 5 (Types of Complaints)
According to the complainant's complaint, the complaint can be divided into the following two categories:
(a) administrative violations, that is, the respondent violates the "People's Republic of China (PRC) Lawyers Law" and other relevant laws, regulations and rules, and needs to be investigated;
(two) industry violations, that is, the object of complaint violates the industry norms and professional ethics of all china lawyers association and the Municipal Lawyers Association, and requires investigation.
Article 6 (Jurisdiction of Acceptance) The judicial administrative organs at two levels in urban areas and the Municipal Lawyers Association shall accept complaints according to the following jurisdictions:
(1) The district judicial administrative organ shall be responsible for accepting complaints against law firms and their lawyers whose registered places (that is, the location of law firms recorded in the practice certificates of law firms) are in this district;
(two) the municipal judicial administrative organ is responsible for accepting complaints against the representative offices of foreign, Hong Kong, Macao and Taiwan law firms in Shanghai and their representatives and employees;
(three) the Municipal Lawyers Association is responsible for accepting complaints against members and associate members of the association.
For the cases specified in the first and third items of the preceding paragraph, if the circumstances of the complaint are serious and urgent or may cause great social impact, and other circumstances that the municipal judicial administrative organ deems necessary, it may also be directly accepted.
After the complained behavior occurs, if the complained lawyer leaves his practice institution at the time of the complained behavior due to transfer and other reasons, it shall be under the jurisdiction of the district judicial administrative organ where the current practice institution is registered.
Article 7 (Acceptance and Transfer of Complaints)
The judicial administrative organs at the urban level and the Municipal Lawyers Association shall, within 10 working days from the date of receiving the complaint, inform the complainant in writing of the decision to accept or reject it, except that the complaint is anonymous or the complainant cannot provide accurate contact information; If there are other remedies for inadmissible matters, the complainant can be informed in the decision of inadmissibility.
Complaints that are not within the jurisdiction of the unit shall be transferred to the unit with the right to handle within 10 working days from the date of receiving the complaint, and the complainant shall be informed in writing. If the district judicial administrative organ or the Municipal Lawyers Association has any objection to the transfer, it shall report to the municipal judicial administrative organ for review and put forward opinions, and shall not return it or transfer it again; Need to transfer across provinces, autonomous regions and municipalities directly under the central government, shall be reported to the municipal judicial administrative organs for the record.
Article 8 (Supplementary Materials) After receiving a complaint, the judicial administrative organs at the two levels in the urban area and the Municipal Lawyers Association find that the contents of the complaint are unknown or the evidential materials are insufficient, and need the complainant to supplement the relevant materials, they shall inform the complainant to supplement the relevant materials or make supplementary explanations within 5 working days from the date of receiving the complaint. The time for supplementary materials or explanations is not counted in the time limit for acceptance.
If the complainant fails to supplement relevant materials or explanations within the prescribed time limit, it shall be deemed as giving up the complaint.
Article 9 (Inadmissible matters)
In any of the following circumstances, the judicial administrative organs at the urban level and the Municipal Lawyers Association may make a decision not to accept it:
(a) the object and content of the complaint do not belong to the scope of supervision and management of the judicial administrative organs and lawyers associations according to law;
(2) The content of the complaint has nothing to do with the provision of legal services by the respondent, nor does it involve violation of professional ethics or serious violation of social morality;
(three) the complaint has been handled according to legal procedures, and there are no new facts and evidence, and the complaint is repeated;
(four) the complaint matters that have been filed and entered into the national complaint information system are terminated, and the complainant makes a complaint request with the same facts and reasons;
(five) anonymous complaints and did not provide verifiable clues;
(six) other complaints that are not accepted by the judicial administrative organs and lawyers associations as stipulated by laws and regulations.
If the complainant refuses to accept the decision made by the judicial administrative organs at two levels in the urban area, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter III Investigation and Handling Article 10 (Complaint Investigation)
When investigating and verifying the accepted complaints, the judicial administrative organs at the urban level and the Municipal Lawyers Association shall abide by legal procedures, carefully extract and fix evidence materials, complete the investigation and evidence collection of cases within the prescribed time limit, and form an investigation opinion. The judicial administrative organs at two levels in urban areas may entrust the Municipal Lawyers Association to assist in the investigation.
Article 11 (Time limit for investigation and handling)
The judicial administrative organ shall generally make a decision within 60 days from the date of accepting the complaint; If the situation is complicated and cannot be settled within the prescribed time limit, the handling period may be extended by 30 days with the consent of the principal responsible person, but the complainant shall be informed in time and the reasons shall be explained.
After making a decision, the judicial administrative organ shall give a written reply to the complainant within 10 working days.
If the complainant does not cooperate with the investigation, the relevant evidence needs to be ascertained, and the decision on complaint handling needs to be based on the conclusion of litigation, arbitration or other public authorities, the investigation may be suspended, and the time limit for suspending the investigation is not included in the processing time limit. After the reasons for suspending the investigation are eliminated, the investigation shall be resumed in time.
When the judicial administrative organ suspends or resumes the investigation, it shall inform the complainant in writing.
The time limit for the investigation and handling of complaints by the Municipal Lawyers Association shall be implemented in accordance with the relevant provisions of trade associations.
Article 12 (Decision on Handling Complaints)
The judicial administrative organ accepting the complaint may make the following decisions according to the investigation:
(1) If the complaint is suspected of violating the law, inform the complainant to file a disciplinary case and start the corresponding disciplinary procedure;
(two) complaints do not constitute illegal, but suspected of violating industry norms, transferred to the Municipal Lawyers Association for investigation and handling;
(three) if the complaint is a civil dispute caused by legal services, inform the complainant that he can apply for mediation or solve it through civil litigation;
(four) there is no violation of laws and regulations or lack of factual basis for the complaint, and inform the complainant that his complaint will not be supported;
(five) if the complaint is suspected to constitute a crime, it shall be transferred to the relevant judicial organs for handling according to law.
The Municipal Lawyers Association's decision on handling complaints shall be implemented in accordance with the relevant provisions of industry associations.
Chapter IV Punishment Article 13 (Disciplinary Filing)
In the process of special inspection, annual assessment and complaint handling, the judicial administrative organ finds clues about the illegal behavior of lawyers and law firms, and after preliminary verification, it shall file a case; If the people's courts and people's procuratorates put forward judicial suggestions and provide corresponding evidence on the illegal acts of lawyers and law firms, the judicial administrative organ shall file a case.
The judicial administrative organ and the Municipal Lawyers Association shall not replace the investigation and punishment of illegal acts of lawyers and law firms with reconciliation between the parties.
Article 14 (Connection of Disciplinary Work)
The decision on administrative punishment made by the district judicial administrative organ shall be notified to the Municipal Lawyers Association within 5 working days from the date of entry into force; The industry punishment decision made by the Municipal Lawyers Association shall, within 5 working days from the date of entry into force, notify the district judicial administrative organ of the place where the lawyer practice institution is registered or the law firm is registered.
City Lawyers Association believes that lawyers should be given administrative punishment for illegal practice in accordance with the law, it shall put forward written suggestions to the relevant district judicial administrative organs to make corresponding administrative punishment, and hand over relevant evidence materials. The district judicial administrative organ received
Cases transferred by the Municipal Lawyers Association and suggested to be given administrative punishment shall be investigated in a timely manner.
If the district judicial administrative organ thinks that administrative punishment can not be given or the corresponding administrative punishment can not be given according to law, it shall report to the municipal judicial administrative organ for examination and approval. The municipal judicial administrative organ shall put forward its opinions within 30 days.
Article 15 (Evidence Effect of Judgment)
The judicial administrative organ and the Municipal Lawyers Association shall conduct a comprehensive, objective and impartial investigation and evidence collection when making disciplinary action, and may make a disciplinary decision directly based on the facts identified in the effective judgment or ruling of the court.
If a lawyer is sentenced for intentional crime, the effective judgment of the court can be directly used as the basis for revoking the lawyer's practice certificate and canceling his membership, and will not be pursued repeatedly.
Article 16 (Time limit for disciplinary action)
The judicial administrative organ shall generally make a disciplinary decision within 60 days from the date of filing the case; Due to the complexity of the situation, it is impossible to close the case within the prescribed time limit. With the consent of the principal responsible person, the processing time limit may be extended by 30 days.
Article 17 (Interregional Coordination)
For cases in which the subject of infringement and the place where the infringement occurred are under the jurisdiction of different district judicial administrative organs, the district judicial administrative organ in the place where the infringement occurred shall promptly transfer the case to the district judicial administrative organ that has jurisdiction over the subject of infringement and assist in the investigation.
If the district judicial administrative organ in the place where the illegal act occurs has different opinions on the disciplinary decision made by the district judicial administrative organ with jurisdiction, it shall report to the municipal judicial administrative organ for review.
Article 18 (Disciplinary Publicity)
The district judicial administrative organ that made the disciplinary decision and the Municipal Lawyers Association shall, within 3 days from the date of making the disciplinary decision, report the disciplinary decision to the municipal judicial administrative organ and enter it into the credit information system of the lawyer industry. The decision on punishment shall be promptly deposited in the practice file of the object to be punished; The decision on punishment made according to the handling of complaints shall be informed to the complainant in writing at the same time.
The administrative punishment decision and public condemnation decision of the above industries shall be reported to the Ministry of Justice and all china lawyers association respectively within 7 days from the date of making the decision; Informed criticism's industrial punishment decision should be publicized in the industry; The industry disciplinary decision of warning and warning shall be informed to the law firm to which the lawyer belongs.
Article 19 (Disciplinary Relief)
If the disciplined object refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law; If you are dissatisfied with the industry punishment decision, you can apply for a review in accordance with industry regulations.
Chapter V Supplementary Provisions Article 20 (Reference and Guidance Provisions)
The complaint handling and punishment of law firm staff and interns shall be implemented with reference to these measures.
Complaint handling and punishment of representative offices of foreign, Hong Kong, Macao and Taiwan law firms in Shanghai and their representatives and employees shall be implemented in accordance with the relevant provisions of the state and this Municipality.
The handling and punishment of complaints by public lawyers and company lawyers shall be stipulated separately.
Article 21 (Implementation Date and Validity Period)
These Measures shall come into force on March 5, 20021year and shall be terminated on March 4, 2026.