general rule
Article 1 is to standardize Wuhai Lawyers Association (hereinafter referred to as Wuhai Lawyers Association).
According to the Disciplinary Rules of all china lawyers association Members (Trial) (hereinafter referred to as the Disciplinary Rules) and the Working Rules of the Disciplinary Committee of the Inner Mongolia Autonomous Region Lawyers Association, this Association formulates these rules.
Article 2 As mentioned in these Rules,
"Members" refers to all individual and group members of the Association.
Article 3 These Rules shall apply to the sanctions imposed by FSC on members who violate the rules.
Chapter II Penalties Implementing Agencies
Article 4 The Association shall set up a disciplinary committee, which shall be responsible for handling relevant cases of complaints against members of the Association, and taking disciplinary actions against members who violate the rules; Implement the legally effective disciplinary decision of Inner Mongolia Lawyers Association.
Article 5 The Disciplinary Committee shall consist of several members and a director.
1, deputy director 1-2. Candidates for membership must be elected by election or decision on their own application or recommendation by the Council of this Council. The term of office is the same as that of the Council and can be re-elected.
Article 6 Members of the Disciplinary Committee shall meet the following conditions:
(1) Practicing as a lawyer.
More than 5 years;
(2) Having lofty professional ethics and being able to strictly abide by professional norms;
(3) It has high popularity and reputation in the industry;
(four) have enough time and energy to perform their duties;
(5) Having a high legal level, rich professional experience and good case investigation and handling ability.
Seventh members of the Disciplinary Committee shall be reported to the Autonomous Region Lawyers Association for the record.
Article 8 The Disciplinary Committee is responsible for investigating the cases that need to be investigated and hearing the cases that the complained members request for hearing.
Article 9 The daily working body of the Disciplinary Committee is located in the secretariat of this Association, and its duties are:
1, accept complaints or accept complaints transferred by relevant departments, and go through the acceptance procedures;
2. Make the review records of the Disciplinary Committee, and make and deliver the decisions and relevant documents of the Disciplinary Committee;
3. Other matters related to industry disciplinary action.
Chapter III Types and Application of Punishment
Article 10 The types of industrial sanctions imposed by this Association on members' violations are as follows:
(1) admonition;
(2) informed criticism;
(3) publicly condemn.
Article 11 If the association thinks that it is necessary to give disciplinary action to cancel membership in violation of regulations, it shall promptly submit it to the Inner Mongolia Autonomous Region Lawyers Association for investigation and handling.
Article 12 If the Commission for Discipline Inspection considers that a member's violation requires administrative punishment from the judicial administrative organ, it shall promptly submit it to the Municipal Bureau of Justice for investigation and handling.
Thirteenth individual members have one of the acts stipulated in Article 11 of the Disciplinary Rules, and group members have one of the acts stipulated in Article 14 of the Disciplinary Rules, which will be punished by the Association.
Article 14 A member may be given a lighter, mitigated or exempted punishment under any of the following circumstances:
(a) the first offense and the circumstances are obviously minor or minor;
(two) admit the violation and make sincere written reflection;
(3) Consciously correcting irregular practices;
(4) Take effective measures in time to prevent or mitigate adverse consequences.
Fifteenth members in any of the following circumstances, shall be given a heavier punishment:
(a) the illegal act has caused serious consequences;
(2) evading, resisting or obstructing the investigation;
(three) to take revenge on the complainant, witness and relevant personnel;
(4) Being punished by the industry or by the judicial administrative organ for violating the law.
Chapter IV Avoidance
Article 16 A member of the Disciplinary Committee shall withdraw under any of the following circumstances, and the complained member also has the right to apply for withdrawal:
(a) I or a close relative has a direct interest in the case;
(2) Practicing in the same law firm as the complained member;
(3) Being the legal adviser of the complainant or having other interests with the complainant;
(4) Other circumstances that may affect the fair handling of the case.
Article 17 The withdrawal of the director and deputy director of the Disciplinary Committee shall be decided by the president of the Association, and the withdrawal of members shall be decided by the director of the Disciplinary Committee.
Eighteenth applications for withdrawal shall be submitted to the daily work of the Commission for Discipline Inspection and relevant evidence. The staff of the daily work organization of the Disciplinary Committee shall
After the review is completed within 3 working days, report to the director of the Commission for Discipline Inspection in time, and the director of the Commission for Discipline Inspection shall make a decision on whether to approve the withdrawal within 3 working days. The decision to apply for withdrawal shall be made within 10 working days after receiving the withdrawal application and recorded.
Chapter V Acceptance and Filing
Article 19 A complainant shall put forward specific members complained of, complaint requests, facts and reasons, and the staff of the daily work organization of the Disciplinary Committee shall have the right to ask the complainant to put forward specific factual reasons and submit relevant evidential materials when accepting the complaint.
Article 20 The staff of the daily work organization of the Commission for Discipline Inspection shall record the complaints received, fill in the complaint registration form, properly keep the written evidence materials, and establish a member complaint file.
Twenty-first complaints meet the following conditions, should be placed on file:
(a) the complainant shall complain with his real name;
(2) The complained member is a member of this Association;
(three) the contents of the complaint belong to one or more acts listed in Articles 11, 12, 14 and 15 of the Disciplinary Rules;
(four) the complaint request belongs to the scope of functions and powers of this association as stipulated in Article 15 of these Rules;
(5) The complainant states the specific complaint request, facts and reasons, and submits the complaint and relevant evidence.
Twenty-second complaints in any of the following circumstances, shall not be filed:
(a) anonymous complaints, or although there is a name, but can not contact the complainant;
(2) The complainant is unwilling or unable to supplement the basic evidence, or the evidence is vague;
(three) although there are facts of violation of law and discipline, but the complaint request does not belong to the scope of authority of the association, it shall be informed to solve it through other means;
(four) there is no direct or inevitable connection between the evidence and the facts of the complaint.
If the complaint request involves civil rights and interests such as refund of fees and compensation for losses, if the complainant requests mediation, mediation can be conducted with the consent of the complained member, but the complainant should be informed that it can only be resolved through mediation and has no right to make a decision.
Article 23 The staff of the daily work organization of the Disciplinary Committee shall report the complaint registration form and complaint materials to the director of the Disciplinary Committee of this Association, and the director of the Disciplinary Committee shall decide whether to file a case within seven working days.
Article 24 If a decision is made to file a case, the daily work organization of the Disciplinary Committee shall issue a notice of filing an investigation to the complainant and the complained member within three working days after filing the case. The notice shall specify in detail the rights and obligations of the complainant and the complained member and the list of members of the appraisal group of the Disciplinary Committee, and inform the complained member to make a defense within 15 days. The failure of the complained member to reply will not affect the investigation and handling of the case.
Twenty-fifth decided not to file a case, the daily staff of the Disciplinary Committee shall, within three working days after making the decision not to file a case, issue a notice of not filing a case to the complainant, and the notice shall explain the reasons and basis for not filing a case.
Article 26 When accepting a complaint, the staff of the daily work organization of the Disciplinary Committee found that the complaint involved a violation of disciplinary rules, the Measures for Punishment of Illegal Acts of Lawyers and Law Firms and the People's Republic of China (PRC) Lawyers Law. If the complained member may be subject to disciplinary action or administrative punishment for cancellation of membership, it shall inform the complainant to complain to the Inner Mongolia Lawyers Association, or report to the director of the Commission for Discipline Inspection for decision to file a case and submit it to the Inner Mongolia Lawyers Association or the Municipal Bureau of Justice for investigation and handling.
Chapter VI Mediation
Twenty-seventh mediation should follow the principle of voluntariness, and both the complainant and the complained member have the right to apply for mediation.
Article 28 Upon the application of the complainant or the complained member, the disciplinary committee may preside over mediation, and the complainant and the complained member may also make their own reconciliation within the agreed time.
Twenty-ninth after mediation, the complainant withdraws his complaint, and the Disciplinary Committee may make a decision to give a lighter or no punishment to the offending member according to the situation.
Thirtieth after mediation, the complainant and the complained member reached a settlement agreement, and the complained member failed to fulfill the settlement agreement, the Disciplinary Committee immediately resumed the investigation of the case.
Chapter VII Investigation
Article 31 The chairman of the Disciplinary Committee shall select three members from the Disciplinary Committee to form a review group, and designate one of them as the initiator of the investigation and handling of the case.
Article 32 The organizer shall convene the members of the appraisal team to discuss the case, summarize the key points of the investigation and arrange the investigation tasks.
Thirty-third members of the evaluation team should take the initiative to work and cooperate with each other according to the situation of the case and the arrangement of the organizer.
Article 34 The work place of the appraisal team shall be determined by the organizer, and the meeting with the complainant shall be held in the law firm where the members of the appraisal team are located.
Thirty-fifth the jury shall investigate and collect evidence comprehensively, objectively and fairly, and the number of investigators shall be no less than.
Two people attend at the same time.
Thirty-sixth when investigating the complainant and the complained member, the appraisal team shall make an inquiry record, which shall be signed by the complainant or the complained member. When investigating the complained member, it is not allowed to show the complaint materials and their copies directly to the complained member, nor to disclose the complainant's situation, except for the materials that really need to be checked face to face during the investigation.
Thirty-seventh when investigating other people, the review team shall produce the investigation letter of the association, and if necessary, make a record of the investigation, which shall be signed or sealed by the respondent.
Thirty-eighth members of the complaint are individual members, the panel has the right to ask the law firm and its relevant staff to explain the situation and provide relevant materials. If the complained member is a member of the panel, the panel has the right to ask its staff, such as lawyers, to explain the situation and provide relevant materials.
Thirty-ninth members who have been complained, lawyers and law firms involved in the case have the obligation to truthfully explain the situation to the appraisal team and provide evidence or other materials. If the association fails to perform its obligations, it may impose another punishment on the act, or impose a heavier punishment on the complained member according to the provisions of Item (3) of Article 17 of these Rules.
Fortieth in the process of investigation, the review team found that the complained member had other illegal acts, and should take the initiative to investigate according to its functions and powers, without being limited by the contents of the complainant's complaint.
Article 41 If the review team finds any of the following cases, it shall suspend the investigation and make a decision to suspend the review:
(
one
The complainant or the complained member has filed a lawsuit or arbitration, and the lawsuit or arbitration is under trial, and the complainant complains to this Council based on the same fact;
(2) After accepting the complaint, the complainant or the complained member brings a lawsuit or arbitration based on the same fact, and the lawsuit or arbitration is under trial.
If the complainant still insists on complaining after the suspension of deliberation and elimination, the investigation shall be resumed.
Forty-second review team found that the case does not meet the conditions for filing, it shall promptly request the director of the Disciplinary Committee to make a decision to end the investigation and reject the case.
Forty-third after the investigation, the review team shall issue an investigation report to the Committee's daily office, which shall include the following contents:
(a) the basic information of the complainant and the complained member;
(two) the complaint request and factual reasons;
(3) the investigation process;
(four) the conclusion of the investigation, that is, whether the content of the complaint is true and its evidence;
(5) the result of mediation;
(six) opinions and basis, including punishment (specific types), no punishment, revocation of the case, submitted to the Inner Mongolia Autonomous Region Lawyers Association for investigation and handling, and submitted to the Municipal Bureau of Justice for investigation and handling.
Article 44 The investigation report shall be signed by the members of the appraisal team.
Chapter VIII
Listen to evidence
Forty-fifth before the Disciplinary Committee makes a decision on disciplinary action in the industry, the staff of the daily work organization of the Disciplinary Committee shall serve the Notice of Hearing on the complained member.
Article 46 The Notice of Hearing shall include the following contents:
(1) Name of the complained member;
(two) the complainant and his complaint request;
(3) the conclusion of the investigation;
(four) the proposed industry punishment and basis;
(5) Informing the complained member of the right to request a hearing;
(6) Inform the complained member of the time limit for requesting a hearing.
The notice of hearing shall be stamped with the official seal of the Association.
Article 47
If the complained member requests a hearing, it shall request a hearing within seven working days after receiving the notice of hearing, and the disciplinary Committee shall organize a hearing.
Article 48 Within 3 working days after the complained member requests a hearing, the relevant matters of the hearing shall be determined, and the notice of the hearing shall be delivered to the complained member and its law firm 7 days before the hearing is held. The hearing shall be presided over by the moderator of the appraisal group.
Article 49 The notice of hearing shall include the following contents:
(1) Name of the complained member;
(2) reasons for the hearing;
(3) The time and place of the hearing;
(4) The relevant rights of the complained member;
(five) the members of the appraisal team and the host.
The notice of hearing shall be stamped with the official seal of the Association.
Article 50 If the complained member is an individual member, he/she shall attend the hearing in person, and his/her law firm shall send representatives to attend as nonvoting delegates; If the complained member is a member of a group, the person in charge or his authorized representative shall attend the hearing. If the representative is present, a power of attorney signed by the person in charge shall be submitted to the review group.
Article 51 Hearings are generally held in private. If the complained member requests public conduct, it can be conducted in public.
Fifty-second hearing by the staff of the daily work of the Disciplinary Committee is responsible for recording. The record of the hearing shall be signed by the complained member and the members of the appraisal group who participated in the hearing.
Article 53 At the hearing, the members of the appraisal team put forward the fact that the complained member violated the rules and suggested punishment, and the complained member defended himself. The two sides gave evidence, cross-examined and debated.
Fifty-fourth after the hearing, the deliberation and appraisal group shall
Issue a hearing report within 7 working days, and the hearing report shall include the following contents:
(a) the basic information of the complainant and the complained member;
(two) the complaint request and its factual reasons;
(3) the hearing process;
(four) the conclusion of the hearing, that is, to consider whether the investigation conclusion of the appraisal group is established and whether the punishment to be given to the complained member is appropriate;
(5) Handling opinions and basis. The handling opinions include five types: punishment (specific type), no punishment, revocation of the case, submission to Hebei Lawyers Association for investigation and handling, and submission to Shijiazhuang Judicial Bureau for investigation and handling.
Article 55 The opinions put forward by the appraisal team must be submitted to the plenary session of the Disciplinary Committee for discussion and adoption.
Article 56 The plenary session of the Disciplinary Committee shall be convened by the Chairman of the Disciplinary Committee and presided over by the Chairman or the Chairman.