Provisions on the Practice of Lawyers in Xinjiang Uygur Autonomous Region

Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the relevant laws and regulations of the state and in the light of the actual situation of the autonomous region in order to ensure that lawyers practice according to law, give full play to the role of lawyers in the construction of socialist democracy and legal system, and promote economic construction and reform and opening up. Article 2 Lawyers are professional legal workers who serve the society. Their duty is to safeguard national interests and the legitimate rights and interests of clients by handling legal affairs, and to safeguard the correct implementation of laws and regulations. Article 3 A lawyer's practice must be based on facts, take the law as the criterion, and abide by practice discipline and professional ethics. Article 4 Lawyers practice according to law and are protected by state laws. No unit or individual may interfere or obstruct, and insult, slander, attack and persecution are strictly prohibited. Article 5 A lawyer's practice institution is a law firm. According to the needs of developing socialist market economy, establish various forms of law firms. Law firms accept the administrative management of judicial administrative organs and the industry management of lawyers associations. Article 6 Lawyers' Association is a professional mass organization of lawyers, which guarantees lawyers to practice according to law and safeguards their legitimate rights and interests. Article 7 The same lawyer can only practice in one law firm. To practice law, a lawyer must hold a registered lawyer's work permit or a lawyer's work permit issued by the judicial administrative organ (hereinafter referred to as a lawyer's work permit). Article 8 A lawyer may, with the consent of his client, use the spoken and written languages of his own nationality or those commonly used in the local area. Article 9 The judicial administrative organs and lawyers' associations shall commend and reward lawyers who have made outstanding contributions or made remarkable achievements in performing their duties as lawyers. Punish lawyers and law firms that violate discipline. Chapter II Business and Duties of Lawyers Article 10 Lawyers shall handle the following legal affairs upon the entrustment of citizens, legal persons and other organizations or the designation of the people's courts:

(a) as a legal adviser to state organs, enterprises and institutions, social organizations and other organizations or citizens;

(2) Being the defender of the defendant in a criminal case, the private prosecutor in a criminal private prosecution case or the agent of the victim in a public prosecution case and his close relatives or guardians, and participating in criminal proceedings;

(3) To represent the parties in civil, economic and administrative litigation and participate in litigation;

(4) Acting as an agent for arbitration parties in economic, administrative and labor disputes, and participating in arbitration activities;

(five) to participate in mediation of civil and economic disputes;

(6) Acting as an agent for legal affairs in foreign-related civil and economic activities;

(7) Acting as an agent to apply for administrative reconsideration;

(8) Acting as an agent to appeal legal affairs;

(nine) to provide legal advisory services and write legal documents;

(10) Handling other legal affairs.

Lawyers shall publicize laws and regulations through the above business activities. Article 11 The duty of a lawyer as a legal adviser is to assist the client to manage and act according to law, handle the entrusted legal affairs and safeguard the legitimate rights and interests of the client.

The duty of a lawyer as a defender of criminal cases is to give opinions on the materials that prove the defendant's innocence, reduce the crime or reduce or exempt the criminal responsibility according to the facts and laws, and safeguard the legitimate rights and interests of the defendant.

As the agent of litigants in other cases, lawyers' duty in handling other legal affairs is to safeguard the legitimate rights and interests of clients within the scope of authorization according to facts and laws. Twelfth lawyers to undertake business, the law firm to accept the commission, and in accordance with the provisions of a unified fee.

After accepting the entrustment, the law firm shall try its best to meet the requirements of the client for the appointed lawyer. If the people's court requires a law firm to send a lawyer to defend the defendant according to law, the relevant law firm shall make arrangements. Chapter iii rights and obligations of lawyers. Article 13 If a lawyer represents a lawsuit and meets the acceptance conditions stipulated by law, the people's court shall file a case; If it does not meet the acceptance conditions stipulated by law, the people's court shall decide not to accept it within 7 days. If a lawyer refuses to accept the ruling, he may appeal with the consent of the plaintiff.

If the people's court neither accepts nor decides not to accept it, the lawyer may submit written opinions to the people's court at the next higher level. Fourteenth lawyers to participate in litigation and arbitration activities, can hold a letter of introduction from the law firm and a lawyer's work certificate to the people's court and the arbitration organ to consult the case materials and supplementary investigation and investigation materials. However, the records of judicial committees and collegiate benches and clues related to other cases shall not be consulted.

The lawyer's marking can be extracted. With the permission of the people's court or the arbitration organ, the materials related to this case may be copied. Fifteenth lawyers to handle all kinds of business, can hold the special certificate of law firm investigation and lawyer's work permit, to the relevant units or individuals to investigate and collect evidence, the units or individuals under investigation shall provide assistance, and provide relevant certification materials according to law. Except as otherwise provided by law. Article 16 When lawyers investigate and collect evidence, the main insider is the criminal defendant in the pre-trial stage, and the case has no interest in the defendant's own case. A lawyer may hold a special certificate for investigation by a law firm and a lawyer's work permit, accompanied by personnel of the public security or procuratorial organs; If the problems investigated by lawyers during the pre-trial period have an interest in the defendant's own case, the public security or procuratorial organ personnel shall be responsible for inquiring about the situation and handing over the materials to the contractor lawyer or law firm in time.