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All-China Lawyers Association on the prohibition of irregular speculation case rules (for trial)
October 15, 2021, the tenth national lawyers association executive council of the second (enlarged) meeting to consider and adopt
Article 1 In order to further strengthen the lawyer's professional ethics and discipline of practice construction, to prevent lawyers through the violation of speculation and other means of To further strengthen the lawyer professional ethics and practice discipline construction to prevent lawyers through irregular speculation and other ways to affect the case according to law, to maintain good faith and fair practice environment, safeguard the image of the industry, safeguard judicial justice, according to the "people's republic of china lawyers law" "all china lawyers association constitution", etc., to formulate this rule.
Second the case undertakes the lawyer in the process of litigation, the right to express representation, defense and other opinions are protected by law, but the publication of endangering national security, malicious defamation of others, serious disruption of the litigation and the court order of the speech except.
Article 3 of the lawyer's right to express representation, defense and other opinions by improper obstruction or unlawful infringement, the right to request the case-handling organs to correct. If the case-handling organ does not correct, the lawyer may apply to the bar association to protect the right to practice law, or to the case-handling organ or its higher authorities. The bar association shall, on the basis of investigation and verification, coordinate with the relevant departments to deal with the case in accordance with the law, and inform the lawyer of the result in a timely manner. In cases where lawyers are prevented from exercising their right to practice law, lawyers may also, in accordance with the relevant provisions, to the people's procuratorate which has the responsibility for legal supervision.
Article 4 lawyers and their law firms shall perform their duties in accordance with the law, shall not speculate on the case in the following ways:
(1) through cosigning signatures, publishing open letters, organizing online gatherings, solidarity, etc., or in the name of the case study, to create public opinion pressure, and to affect the case in accordance with the law;
(2) through the media, the media and other platforms on the case (b) Distorting and misleading publicity and comments on the case through media, self media and other platforms, and speculating on misleading, false and speculative information by way of re-tweeting and commenting;
(c) Insulting and defaming the case officer, the opposing party and other litigation participants, or distorting and scandalizing the case officer, the party and other litigation participants by disclosing the privacy of the case officer, the party and other interested persons in an improper way;
(d) disclosing the personal information of minors involved in cases involving minors in violation of the law, or using cases involving minors as a gimmick in non-minor cases for publicity, inciting public opinion, and creating an impact;
(e) inciting or abetting the parties involved or other persons to make inappropriate comments on the case through the Internet and other communication media, creating an impact and exerting pressure on the authorities in charge of the case;
(vi) other cases of irregular speculation on the case in an improper manner.
Article 5 of the public trial of the case, the lawyer shall not disclose, disseminate through the meeting, file reading, investigation and evidence collection and other practice activities that may affect the case according to law, important information, evidence materials. Closed trial of the case, the lawyer shall not disclose, disseminate the case information, materials, but the law permits the public except.
Case undertaking lawyer shall not through the client, others disguised as disclosure of the above information, materials.
The case undertaking lawyer's law firm and other lawyers who know the case, with reference to the implementation.
Article 6 without the permission of the court, the lawyer shall not audio, video, photography, or broadcast (direct) broadcast of the trial; shall not be interviewed, write articles, comments or other means of disclosure of the details of the trial and the situation without publicity.
Article 7 After the conclusion of a case, lawyers and law firms shall guide the parties concerned to resolve the case through legal procedures if they believe that the effective judgment is wrong. They shall not create public opinion pressure for the subsequent legal procedures such as retrials, protests and appeals that may arise by speculating on the case in violation of the law.
Article 8 Lawyers and law firms shall be lawful, objective, impartial and prudent in commenting on major decisions and deployments of the Party and the State, public *** events, and issues relating to the law, and shall not engage in any irregular speculation through the following means:
(1) spreading comments that are contrary to the Party's policies, denying the leadership of the Chinese *** Party, and denying the rule of law of socialism with Chinese characteristics, attacking
(ii) creating public opinion, inciting dissatisfaction with the Party and the government, and intensifying social contradictions;
(iii) clearly violating social order and morality;
(iv) publishing comments that are incompatible with the professional status of lawyers and seriously damaging to the professional image of lawyers.
Article IX lawyers, law firms in the media, self-media and other platforms, in text, audio and video and other ways to publish comments, shall verify the authenticity of the information, to ensure that the comments are professional and legitimate, shall not damage the dignity of the lawyer's profession and the image of the lawyer's profession.
Article 10 law firms shall strictly fulfill their management responsibilities, establish and improve the internal management system, prohibit the lawyers from speculating on cases, and correct any problems promptly.
Lawyers association shall strengthen the lawyer professional ethics and practice discipline training, education and guidance of lawyers clear practice bottom line and red line, according to law and practice in good faith, consciously resist irregular speculation case behavior.
Lawyers, law firms in violation of these rules, the local bar association to which it belongs to supervise and manage through active investigation or investigation based on complaints.
The bar association receives the people's court, the people's procuratorate, the public security organs and other case-handling organs to inform the lawyer of the existence of violations of speculation, shall carry out investigations, and timely feedback results.
Article 11 lawyers, law firms in violation of the provisions of these rules, the bar association shall notify the lawyers and law firms to make corrections within a certain period of time, and in accordance with the "code of conduct for lawyers", "lawyers association members of the violation of rules for disciplinary action (for trial implementation)" and other industry norms for appropriate disciplinary action.
Lawyers, law firms have relevant violations should be administrative penalties, the bar association shall recommend in writing to the judicial and administrative organs to make the corresponding administrative penalties, and transfer the relevant evidence and materials.
Article XII of these rules by the standing committee of the all-china lawyers association is responsible for the interpretation.
Article XIII of these rules from the date of publication on a trial basis.