MOJ Decision on Revising the "Measures on the Administration of Law Firms" (Comments Draft)

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【release time】 2018-09-13
【Sources】 Ministry of Justice Government Website

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It has been decided to make the following revisions to the "Measures on the Administration of Law Firms" on the basis of the "Party Constitution" and the Party center's decisions and deployments related to Party work in the legal profession, so as to thoroughly implement the spirit of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the 19th Party Congress and its 2nd and 3rd plenary sessions, to adhere to and strengthen the Party's comprehensive leadership of the work of lawyers, to strengthen the establishment of Party organizations in law firms, to give full play to the role of law firm's Party organizations as a citadel and the role of Party member lawyers as an exemplary vanguard, and to ensure the correct political orientation of lawyers' work:

I. Revise the first paragraph of Article 3 to read: Law firms shall adhere to guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, adhere to and strengthen the comprehensive leadership of the Party over the work of lawyers, persist in preserving the authority and uniform leadership of the Party with Comrade Xi Jinping as its core, make support for the Party's leadership and support for socialist rule of law basic requirements for the profession, and increase the conscientiousness and resoluteness with which lawyers as a group walk the path of socialist rule of law with Chinese characteristics.

II. Revise Article 4 to read:

Law firms shall strengthen Party establishment, giving full play to the role of Party organizations as citadels and Party member lawyers as an exemplary vanguard.

Where law firms have 3 or more official Party members, they shall establish a Chinese Communist Party organization on the basis of the Chinese Communist Party Constitution and upon approval of a higher level Party organization, and have leadership transitions according to terms.

Law firms shall establish and improve Party organizations' participation in law firm's decision-making and management operations mechanisms, to provide space, personnel, expenses, and other support for the Party organizations' carrying out activities.

III. Add an item after article 16 item (10) to be item (11), to read, "The formal setup, position and function, duties and powers of Law firms' Party organizations, and Party organizations participation in the firm's decision-making and management operations mechanisms, measures for ensuring the Party establishment, and so forth".

IV. This Decision is to take effect from XXX 2018.

The "Measures on the Administration of Law Firms" are to be revised on the basis of this decision and newly released.

 

Pre/Post Revisions Comparison Table

 

Measures on the Administration of Law Firms

Draft Revised Decision

Effective

Article 3: Law firms shall adhere to guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, adhere to and strengthen the comprehensive leadership of the Party over the work of lawyers, persist in preserving the authority and uniform leadership of the Party with Comrade Xi Jinping as its core,make support for the Party's leadership and support for socialist rule of law basic requirements for the profession,and increase the conscientiousness and resoluteness with which lawyers as a group walk the path of socialist rule of law with Chinese characteristics.

Law firms shall lawfully carry out business activities, strengthen internal management and carry out oversight of lawyers practice conduct, taking on the corresponding legal liability in accordance with law.

Law firm's business activities must not be unlawfully interfered with by any organization or individual, and law firms' lawful rights and interests must not be encroached upon by any organization or individual.

Article 3: Law firms shall have supporting the leadership of the Chinese Communist Party, and supporting the socialist rule of law as a basic requirement for practice.

Law firms shall lawfully carry out business activities, strengthen internal management and carry out oversight of lawyers practice conduct, taking on the corresponding legal liability in accordance with law.

Law firm's business activities must not be unlawfully interfered with by any organization or individual, and law firms' lawful rights and interests must not be encroached upon by any organization or individual.

Article 4: : Law firms shall strengthen Party establishment, giving full play to the roles of Party organizations as citadels and Party member lawyers as an exemplary vanguard.

Where law firms have 3 or more official Party members, they shall establish a Chinese Communist Party organization on the basis of the Chinese Communist Party Constitution and upon approval of a higher level Party organization, and have leadership transitions according to terms.
Those that do not possess the capacity for independently establishing Party organizations shall carry out Party work through means such as jointly establishing Party organizations or having higher level Party organizations Party establishment guidance personnel, and promptly establishing a Party organization when there is capacity.

Law firms shall establish and improve Party organizations' participation in law firm's decision-making and management operations mechanisms, to provide space, personnel, expenses, and other support for the Party organizations' carrying out activities.

Article 4: Law firms shall strengthen the Party establishment, and those with capacity shall promptly establish Party groups,those that do not have capacity at the moment shall carry out Party work through methods such as the Party establishment work guides.

Law firms shall support Party organizations in carrying out activities, establishing and improving mechanisms for Party organizations participation in law firms' decision-making and management, and giving play to the Party organizations' role as a core and lawyer party-members' role as an exemplary model.

 

Article 16: Law firm charters shall include the following content:

(1) the firm's name and domicile;

(2) the purpose of the law firm;

(3) the law firm's organizational structure;

(4) the amount and sources of assets for establishment;

(5) the duties of the responsible parties for the law firm, as well as the means of selecting and changing them;

(6) The set up and duties of the law firm's decision-making and management bodies;

(7) The rights and obligations of the firm's lawyers;

(8) The primary management systems for the law firm related to operations, fees, finance, distribution, and so forth;

(9) The grounds and procedures for dissolving the law firm, as well as methods for its liquidation;

(10) Procedures for interpreting or revising the law firm's charter;

(11)The formal setup, position and function, duties and powers of Law firms' Party organizations, and Party organizations participation in the firm's decision-making and management operations mechanisms, measures for ensuring the Party establishment, and so forth;

(12) Other matters that need to be indicated.

Article 16: Law firm charters shall include the following content:

(1) the firm's name and domicile;

(2) the purpose of the law firm;

(3) the law firm's organizational structure;

(4) the amount and sources of assets for establishment;

(5) the duties of the responsible parties for the law firm, as well as the means of selecting and changing them;

(6) The set up and duties of the law firm's decision-making and management bodies;

(7) The rights and obligations of the firm's lawyers;

(8) The primary management systems for the law firm related to operations, fees, finance, distribution, and so forth;

(9) The grounds and procedures for dissolving the law firm, as well as methods for its liquidation;

(10) Procedures for interpreting or revising the law firm's charter;

(11) Other matters that need to be indicated.

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