How to understand Article 48, paragraph 1, Article 1 of the Lawyers Law In order to strengthen the supervision of lawyers and law firms' practice activities, standardize lawyers' practice behavior and

How to understand Article 48, paragraph 1, Article 1 of the Lawyers Law In order to strengthen the supervision of lawyers and law firms' practice activities, standardize lawyers' practice behavior and maintain the normal legal service order, this law is formulated in accordance with the relevant provisions of the Lawyers Law of the People's Republic of China (hereinafter referred to as the Lawyers Law) and the Administrative Punishment Law of the People's Republic of China (hereinafter referred to as the Administrative Punishment Law). Article 2 Where a lawyer or law firm commits an illegal act and should be given administrative punishment, the judicial administrative organ shall impose administrative punishment in accordance with the Lawyers Law, the Administrative Punishment Law, relevant laws, regulations and rules and the provisions of this Law. Article 3 The judicial administrative organs shall follow the principles of fairness and openness when imposing administrative penalties. Should be based on facts, and adapt to the nature, circumstances and social harm of illegal acts; We should adhere to the combination of punishment and education, educate and guide lawyers and law firms to practice according to law, and abide by professional ethics and practice discipline. Article 4 The judicial administrative organ shall establish and improve the supervision system of administrative punishment. The judicial administrative organ at a higher level shall strengthen the supervision and guidance on the implementation of administrative punishment by the judicial administrative organ at a lower level, and if it finds that the administrative punishment is illegal or improper, it shall promptly order it to make corrections. In the implementation of administrative punishment activities, judicial administrative organs shall be given administrative sanctions according to law if they violate laws and disciplines; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 5 In any of the following circumstances, it is an illegal act that a lawyer "practices in two or more law firms at the same time" as stipulated in the first paragraph of Article 47 of the Lawyers Law: (1) practicing in this law firm while practicing in other law firms or social legal service institutions; (2) changing the law firm in the name of a lawyer before being approved to change the practice institution, or undertaking business in the name of a lawyer of the original law firm after being approved to change the practice institution. Article 6 Under any of the following circumstances, it is an illegal act of lawyers "soliciting business by improper means" as stipulated in the second paragraph of Article 47 of the Lawyers Law: (1) soliciting business by misleading, luring, threatening or making false promises; (2) soliciting business by improper means. 2) soliciting business by paying referral fees, giving kickbacks, promising to provide benefits, etc. 3) making untrue and inappropriate propaganda to oneself and the law firm or slandering other lawyers and law firms, etc.; (4) setting up offices and reception rooms outside the residence of the law firm to solicit business. Article 7 Any of the following circumstances is an illegal act of a lawyer "representing both parties in the same case, or representing legal affairs with conflicts of interest with himself and his close relatives": (1) Acting as an agent or providing relevant legal services for parties with conflicts of interest in the same civil litigation, administrative litigation or non-litigation legal affairs; (2) Acting as a defender or agent for both the defendant and the victim in the same criminal case, or acting as a defender for two or more criminal suspects and defendants at the same time; (3) Providing legal services to the parties who have conflicts of interest with the consulting unit during the period of serving as a legal consultant; (4) Having served as a judge or a lawyer of a procuratorate, and undertaking cases questioned by the original court or procuratorate as an agent or defender; (five) a lawyer who has served as an arbitrator or still serves as an arbitrator, as an agent to undertake the case of his original or current position in an arbitration institution. Article 8 Those who have served as judges and lawyers, acted as agents ad litem or defenders within two years after leaving the people's courts and people's procuratorates, or participated in litigation legal affairs undertaken by law firms in other ways belong to the illegal act of "judges and lawyers of people's courts and people's procuratorates act as agents ad litem or defenders within two years after leaving the people's courts and people's procuratorates" as stipulated in the fourth paragraph of Article 47 of the Lawyers Law. Defender "illegal behavior. Article 9 In any of the following circumstances, a lawyer's "refusal to perform legal aid obligations" violates the provisions of Item (5) of Article 47 of the Lawyers Law: (1) refusing to accept legal aid cases assigned by law firms or legal aid agencies without justifiable reasons; (two) after accepting the assignment, it is lazy to perform or stop performing the duties of legal aid without authorization. Performing the duties of legal aid. Article 1 A lawyer who has any of the following circumstances is an illegal act of "accepting entrustment privately, charging fees, accepting property or other benefits from the client" as stipulated in the first paragraph of Article 48 of the Lawyers Law: (1) Accepting entrustment privately to handle legal affairs in violation of the provisions on uniform entrustment or during the suspension of practice; (2) Other circumstances of collecting, using or misappropriating lawyer's service fees and lawyer's travel expenses without permission in violation of the regulations on fee management; (3) charging other fees from the client in addition to the uniform fees charged by the law firm, or accepting property or other benefits from the client; (four) asking for fees from the recipients of legal aid or accepting property or other benefits from the recipients. Article 11 After accepting the entrustment, a lawyer refuses to defend or represent, and does not appear in court on time to participate in litigation or arbitration, except in the following circumstances, which belong to the circumstances stipulated in the second paragraph of Article 48 of the Lawyers Law. (2) The client intentionally conceals important facts related to the case or provides false or forged evidence materials; (3) The trustor fails to perform the obligations stipulated in the entrustment contract; (4) A lawyer suffers from a serious illness or is subject to administrative punishment above suspension of practice; (5) Other circumstances in which defense or agency can be refused according to law. Article 12 In any of the following circumstances, it is an illegal act of lawyers who "use the convenience of providing legal services to obtain the rights and interests of disputed parties" as stipulated in the third paragraph of Article 48 of the Lawyers Law: (1) obtaining the property and rights and interests of disputed parties with others by means of inducement, deception, coercion or extortion; (2) instigating or inducing the parties to transfer, sell or lease the disputed property and rights and interests to others and obtain benefits from them. Article 13 A lawyer who, without the authorization or consent of the client or other parties, discloses or disseminates the business secrets, personal privacy or other unwilling information of the client or other parties he knows in his practice without authorization or consent, is an illegal act of "disclosing business secrets or personal privacy" as stipulated in the fourth paragraph of Article 48 of the Lawyers Law. Personal privacy ". Article 14 A lawyer in any of the following circumstances is an illegal act of "meeting with judges, prosecutors, arbitrators and other relevant personnel in violation of regulations, or affecting the handling of cases according to law in other improper ways" as stipulated in the first paragraph of Article 49 of the Lawyers Law. (1) Meeting with a judge, prosecutor, arbitrator or other relevant personnel during the period of undertaking agency and defense business for the purpose of affecting the outcome of case handling; (2) taking advantage of the special relationship with judges, prosecutors, arbitrators or other relevant personnel to influence the handling of cases according to law; (3) publicizing the case by means of distortion, misrepresentation or misleading, or slandering the relevant organs and staff of the case and the other party, etc., which affects the handling of the case according to law. Article 15 Under any of the following circumstances, it is an illegal act for a lawyer to "pay bribes to judges, prosecutors, arbitrators and other relevant staff members, or instruct or induce the parties to pay bribes": (1) Taking advantage of the case-handling relationship of judges, prosecutors, arbitrators and other staff members or their close relatives to conduct weddings and funerals. (a) taking advantage of the opportunity of judges, prosecutors, arbitrators and other case-handling personnel or their close relatives to handle weddings, funerals and celebrations, offering bribes in the form of gifts, money or securities; (2) bribing judges, prosecutors, arbitrators and other case-handling personnel by means of renovating houses, reimbursing personal expenses, subsidizing tourism and entertainment, etc. (c) Bribing judges, prosecutors, arbitrators and other staff by providing them with means of transportation, communication tools, housing or other articles; (d) Introducing a bribe or inducing a party to pay a bribe. (3) bribing judges, prosecutors, arbitrators and other staff members by providing means of transportation, communication tools, housing or other articles; (4) bribing judges, prosecutors, arbitrators and other staff directly, introducing bribes or instigating or inducing parties to pay bribes in order to influence the outcome of handling cases. Article 16 In any of the following circumstances, it is an illegal act of a lawyer who "provides false materials to the judicial administrative department or commits other fraudulent acts" as stipulated in the third paragraph of Article 49 of the Lawyers Law: (1) When the judicial administrative department conducts inspection and supervision, it refuses to provide or provide false and false materials, or conceals, destroys or forges evidence; (2) Providing false or false materials or committing other fraudulent acts in the annual examination, practice evaluation and evaluation of lawyers' practice; (three) providing false and false materials when applying for changing the practice unit, terminating practice, canceling and other procedures. Article 17 In any of the following circumstances, it is an illegal act of a lawyer to "intentionally provide false evidence or threaten or induce others to provide false evidence, thus preventing the other party from legally obtaining evidence": (1) intentionally submitting false evidence to a judicial organ, an administrative organ or an arbitration institution, or instigating, threatening or inducing others to provide false evidence. (1) Deliberately submitting false evidence to a judicial organ, an administrative organ or an arbitration institution, or instigating, threatening or inducing others to provide false evidence; (2) instigating or helping a party or others to forge, conceal or destroy evidence, instigating or helping a criminal suspect or defendant to make a confession, or threatening or inducing a witness not to testify in court or to commit perjury; (3) Obstructing the opposing party and its agents and defenders from obtaining evidence legally, or preventing others from providing evidence to the case-handling organ or the opposing party. Article 18 Under any of the following circumstances, it is an illegal act of a lawyer "accepting property or other benefits from the other party, maliciously colluding with the other party or a third party, and infringing on the rights and interests of the client" (1) providing the other party or a third party with information or evidential materials that are unfavorable to the client; (2) Providing the other party or a third party with information or evidential materials that are unfavorable to the client; (1) Providing the other party or a third party with information or evidential materials that are unfavorable to the client; (2) maliciously colluding with the other party or a third party, secretly cooperating with the other party or a third party, and obstructing the client from exercising his rights according to law; (3) accepting property or other benefits from the other party, deliberately delaying, neglecting or failing to perform the duties of agency and defense according to law, thus causing adverse effects and losses to the client and the entrusted matters. Article 19 Any of the following circumstances is an act of "disturbing the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities" in violation of Item (6) of Article 49 of the Lawyers Law: (1) making statements in a court or arbitration tribunal that disturb the normal conduct of litigation and arbitration activities, or instigating or inducing the parties to make statements that disturb the normal conduct of litigation and arbitration activities; (2) preventing the parties or other participants in litigation from appearing in court, resulting in. (3) Inciting or instigating others to disturb the order of the court or arbitration tribunal; (4) Refusing to defend the parties or represent them in court without justifiable reasons, refusing to sign judicial documents or refusing to sign opinions on relevant litigation documents. Article 2 Under any of the following circumstances, it is an illegal act of a lawyer who "incites and abets the parties to take illegal means such as disturbing public order and endangering public security to solve disputes" as stipulated in paragraph 7 of Article 49 of the Lawyers Law: (1) Inciting and abetting the parties to take illegal assemblies, processions and demonstrations to gather people to disturb public order and traffic order. 1) Inciting or instigating parties to express their demands by illegal means such as illegal assembly, procession and demonstration, gathering people to disturb the order of public places and traffic, besieging and assaulting state organs, obstructing state organs and their staff from performing their duties according to law, and resisting law enforcement activities and the execution of judgments; (2) using the media or other means to incite or instigate the parties to interfere with the normal conduct of litigation, arbitration and administrative law enforcement activities by disturbing public order and endangering public security. Article 21 In any of the following circumstances, it is a violation of the provisions of Item (8) of Article 49 of the Lawyers Law to "publish statements that endanger national security, maliciously slander others and seriously disturb the order of the court": (1) to publish and disseminate statements that endanger national security and maliciously slander judges, prosecutors, arbitrators, opposing parties, third parties or others during the period of undertaking agency and defense business. (1) During the period of undertaking agency and defense business, publishing and disseminating statements that endanger national security, maliciously slandering judges, prosecutors, arbitrators, the other party and the third party, and seriously disturbing the court order; (2) In the course of practicing, publishing, producing and disseminating speeches, information and audio-visual products that endanger national security, or supporting, participating in or implementing activities aimed at endangering national security. Article 22 A lawyer who violates the obligation of confidentiality and intentionally or negligently divulges state secrets in his practice activities is an illegal act of "divulging state secrets" as stipulated in the ninth paragraph of Article 49 of the Lawyers Law. Article 23 In any of the following circumstances, it is an illegal act for a law firm to "accept entrustment and collect fees in violation of regulations" as stipulated in the first paragraph of Article 5 of the Lawyers Law: (1) Failing to accept entrustment in the name of a law firm in violation of regulations, collecting lawyers' service fees and lawyers' travel expenses for handling cases in different places in a unified way, and failing to issue a valid fee voucher to the client. Valid charge voucher; (2) Asking or accepting fees, property or other benefits from the client other than those stipulated in the contract; (3) conniving at or indulging a lawyer in the circumstances specified in Article 1 of this Law. Article 24 Under any of the following circumstances, it is an illegal act that "a law firm changes its name, person in charge, articles of association, partnership agreement, domicile, partners and other major matters in violation of legal procedures" as stipulated in the second paragraph of Article 5 of the Lawyers Law (1) it fails to change its name, person in charge, articles of association, partnership agreement and partnership agreement in accordance with the provisions; (1) it fails to change its name, person in charge, articles of association, partnership agreement and partnership agreement in accordance with the prescribed procedures. (2) Failing to develop partners according to the prescribed conditions and procedures, and the partners withdraw, remove their names or elect the person in charge of the law firm; (3) Failing to handle the division, merger, establishment of branch offices, termination, liquidation or cancellation of law firms in accordance with the prescribed procedures. Article 25 In any of the following circumstances, it is an illegal act for a law firm to "engage in business activities other than legal services" as stipulated in the third paragraph of Article 5 of the Lawyers Law: (1) setting up an enterprise in the form of sole proprietorship, joint venture with others or entrusted shareholding, and appointing a lawyer as the legal representative or general manager of the enterprise; (two) engaged in intermediary services or other business activities unrelated to legal services. Article 26 If a law firm engages in or connives at or indulges lawyers in the illegal acts stipulated in Article 6 of this Law, it is an illegal act of a law firm "soliciting business by slandering the reputation of other law firms and lawyers or paying referral fees" as stipulated in Paragraph 4 of Article 5 of the Lawyers Law. Article 27 Any of the following circumstances exists