Title: Provisions on Ensuring the Practice Rights of Lawyers in Accordance with Law
Promulgating Entities:Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, et al.
Promulgation Date: 2015/9/16
Source of text: People's Court Bulletin, September 21, 2015, page 4
Provisions on Ensuring the Practice Rights of Lawyers in Accordance with Law
Article 1: These Provisions have been enacted pursuant to relevant laws and regulations, in order to ensure the practice rights of lawyers, such that lawyers may wholly play their functions of protecting the lawful rights and interests of parties, maintaining the correct implementation of the law, and preserving social fairness and justice, and to promote judicial fairness.
Article 2: People's courts, people's procuratorates, public security organs, state security organs and judicial administrative organs shall respect lawyers and shall strengthen systems for preserving lawyers' professional rights, according to the stipulations of the Criminal Procedure Law, the Civil Procedure Law, the Administrative Litigation Law and the Lawyers' Law; each organ shall, within the scope of its own responsibility, preserve in accordance with law the rights of lawyers to access information, make applications and file lawsuits, as well as their rights to meet clients, access case files, and gather evidence, and to ask questions, test evidence and to make defense arguments etc. in the exercise of their professional rights, and each organ must not obstruct lawyers in the lawful performance of their duties as defense lawyers and representatives, and must not infringe upon their lawful rights and interests.
Article 3: People's courts, people's procuratorates, public security organs, state security organs,judicial administrative organs and lawyers' associations shall establish remedial mechanisms to strengthen lawyers' professional rights.
Relevant organs shall immediately put a stop to and lawfully handle situations where lawyers who are carrying out their work according to law, suffer humiliation, defamation, threats, reprisals or bodily harm, and, where necessary, they shall adopt protective measures toward lawyers.
Article 4: People's courts, people's procuratorates, public security organs, state security organs, and organs for the administration of justice shall establish and perfect litigation service centers, places for filing and receiving service of lawsuits, rooms for lawyers to meet with clients, and rooms for reading case files, to standardize work flow and to facilitate lawyers' engaging in work such as case filing, meeting with clients, accessing case files, participating in hearings and making applications. Explore establishing online information systems and lawyers' services platforms, to increase efficiency in case-handling.
Article 5: The organ that is handling a case shall, in the course of handling the case, lawfully notify parties of their right to retain defense counsel and/or an agent ad litem. The organ that is handling the case shall promptly notify persons meeting the requirements for legal aid who have not appointed defense counsel or agents ad litem, of their right to apply for legal aid and, according to relevant regulations, shall pass on application materials to relevant legal aid institutions. The organ that is handling a case shall, upon discovering that a criminal suspect or a defendant bears circumstances that would qualify him or her for legal aid, promptly notify the legal aid institution to appoint a lawyer to act as his or her defence counsel.
Article 6: Once lawyers have been retained by a criminal suspect or defendant, or have been assigned by a legal aid organization, they shall notify the organ that is handling the case, and may lawfully learn from that organ the name of the crime which the suspect or defendant is suspected or accused of having committed and the main facts which have been ascertained at that time, as well as the status of the criminal suspect or defendant with regard to the use, alteration of, or removal of coercive measures, and whether the investigating organ has extended the detention period for further investigation etc., in which case the organ that is handling the case shall according to law promptly notify the defense lawyer.
The organ that is handling the case shall promptly notify the defense lawyer in accordance with law where it transfers a case to be reviewed for prosecution, returns the case for supplementary investigation, initiates public prosecution, extends a trial, does not hold second-instance trial court hearings, announces a judgment or other major procedural decisions; and also where the peoples procuratorate submits a request to the next level people's procuratorate for decision in respect of whether to approve an arrest in a case it has directly filed and investigated.
Article 7: When defense counsel arrive at a detention center to meet with criminal suspects or defendants, in detention, the detention center shall, having inspected the lawyer's practising certificate, law firm certificate and letter of attorney or an official letter of legal aid, promptly arrange the meeting. Where it can be arranged on the spot, it shall be arranged on the spot; where it cannot be arranged on the spot, the detention center shall explain the circumstances to the defense lawyer and shall guarantee that the defense lawyer shall meet with the detained criminal suspect or defendant within 48 hours.
In arranging a client meeting, a detention center must not impose additional conditions or alter the required documents or materials that the defense lawyer must submit beyond that which is legally required and the detention center must not decline to arrange a meeting for the defense lawyer on the basis that notification has not yet been received from the organ that is handling the case.
Detention centers shall establish client meeting appointment platforms, and shall adopt measures for greater convenience for defense lawyers to meet with clients such as online appointment making and telephone appointment making measures, but they must not use a failure to make an appointment for a meeting as a basis to decline to arrange a meeting for a defense lawyer.
When a defence lawyer meets with a criminal suspect or a defendant in detention, the detention center shall adopt necessary measures to preserve the smooth and safe progress of the meeting. When defence lawyers meet with criminal suspects or defendants in detention, the detention center shall guarantee that the defense lawyers have the necessary time and the number of visits to discharge their duties, and coordinate this with detention center work arrangements and investigation work of the organ that is handling the case. When a defense lawyer has meeting with a criminal suspect or a defendant in detention, it shall not be monitored, and the organ that is handling the case must not appoint a person to be present. Where there are insufficient lawyer-client meeting rooms, the detention center may, with the written consent of the defense lawyer, arrange for the meeting to take place in the interrogation room, but it shall turn off recording and monitoring equipment. Where a criminal suspect or a defendant has retained two lawyers to act as defense counsel, the two defense lawyers may meet with him/her jointly or separately. Defense lawyers may bring with them a legal assistant to assist them during the meeting. Where a legal assistant is attending the meeting along with the defense lawyer, he/she shall produce a law firm certificate and a practice certificate or an application for a practising certificate for lawyers' professional staff. The organ that is handling the case shall verify the identity of the legal assistant.
Article 8: Where a criminal suspect or a defendant in detention terminates the representation, the organ that is handling the case shall him/her to issue or sign a written document [to this effect], and pass this on to the newly appointed attorney or law firm within 3 days. A defense lawyer may demand that a criminal suspect or defendant verify that he/she has terminated the relationship in a meeting with the lawyer, and the detention center shall arrange that meeting; however where a criminal suspect or defendant declines a meeting in written form, the detention centre shall pass on the relevant written materials to the defense lawyer, and need not arrange the meeting.
Where a the guardian or close relative of a detained suspect or defendant ends the lawyers' representation, and where the suspect or defendant consents, the detention center shall permit a newly retained lawyer to meet them, and the suspect or defendant verifies the representation; where the suspect or defendant does not consent to ending the original lawyers' representation, the detention center shall stop the new lawyer from meeting the client.
Article 9: Where, during the investigation period, defense lawyers request to meet with clients who are detained as suspects or defendants in crimes of endangering state security, terrorism activities or especially serious bribery cases,they shall make an application to the organ that is handling the investigation. The organ that is handling the investigation shall promptly examine the application submitted by the defense lawyer according to law, and shall within three days issue a written response to the defense lawyer of its decision whether or not to permit [the meeting], and shall specify the communication method by which it will notify the department and staff responsible for liaising with the defense lawyer. Where there is permission granted for a meeting with the client, a document notifying the lawyer that permission had been given shall be issued to them; where it would obstruct an investigation or it might involve the leaking of state secrets and it is not permitted for a client meeting to take place, reasons shall be explained to the defense lawyer. After the circumstances which might obstruct an investigation or involve the leaking of state secrets have dissipated, the meeting shall be permitted, and the detention center and defense lawyer(s) shall promptly be notified. In cases involving especially serious bribery, the organ conducting the investigation shall permit the defense lawyer to meet with the criminal suspect at least once before the investigation has concluded.
The organ conducting the investigation must not interpret and expand the scope of the three categories in the previous paragraph at will, limiting lawyer-client meetings.
Article 10: From the date on which the case is referred for review for prosecution, the lawyer may verify relevant evidence in meeting with the criminal suspect or defendant.
Article 11: Defense lawyers, in meeting with detained criminal suspects or defendants may make records of their meetings according to their needs and may request that criminal suspects and defendants sign the meeting notes after confirming that they contain no errors.
Article 12: Where defense lawyers require a translator to be present with them while they are meeting with a criminal suspect or defendant in detention, they shall submit an application to the organ that is handling the case and shall provide the translator's identity card and authentication provided by his/her unit. The organ that is handling the case shall promptly review it and shall issue a decision on whether or not to permit this within 3 days. Where permission is granted for the translator to attend the meeting, a document containing the decision as to permission shall be produced for the defense lawyer and the detention center shall be notified. Where permission is not granted, a written explanation of reasons shall be given to the defense lawyer, and he/she shall be notified to replace the translator.
The translator shall hold the document notifying him/her of permission to participate and his/her own identity card, while attending the meeting with the defense lawyer.
Article 13: The detention center shall promptly pass on letters exchanged between a defense lawyer and a criminal suspect or defendant. A detention center may conduct necessary inspection of mail, but it must not intercept, copy or censor it, nor must it provide the contents of the mail tothe organ that it is handling the case, with the exception of mail whose contents involves state security, public safety, serious harm to the personal safety of others or where there is suspicion of circumstances relating to collusion to fabricate evidence or destroy evidence.
Article 14: From the date on which the case is referred for examination for prosecution, a lawyer may consult, extract or copy the materials relating to their case, with the exception of deliberation records of the people's procuratorate, records of deliberations of the collegiate bench and the adjudication committee of the people's court and other materials that may not be made public according to law. People's procuratorates and people's courts shall facilitate defense lawyers' [capacity to] consult, extract or copy the materials relating to their case, and in locations with [the correct] conditions they may promote electronic access to files, permitting the materials to be downloaded or copied onto discs. The organ that is investigating the case shall, within 3 days of referring the case for examination for prosecution, and the people's procuratorate shall, within 3 days of initiating public prosecution, notify the defence lawyer of the case's change in status [lit. the transfer situation]. Once public prosecution has been initiated for the case, if the people's procuratorate alters or adds to the evidence, it must promptly notify the defence lawyer. The defence lawyer has the right to consult, extract or copy any altered or additional evidence. A defence lawyer who is handling an appeal, or protesting a case, may, once the people's procuratorate and the people's court have completed their examination and assessment of the filing of the case, take their practice certificate, law firm certificate and letter of attorney or official letter of legal aid down to the case file management department or the case handling department that holds the case files and consult, extract or copy case materials from the case now that it has been tried to conclusion.
Where a defense lawyer has put forward a request for access to files, the peoples procuratorates and the peoples courts shall arrange for the defense lawyer to access the files on the spot, where it is not possible to arrange access on the spot, they shall provide an explanation to the defense lawyer and shall arrange that he or she shall be able to access the file within 3 working days, they must not limit the duration or number of times that the defense lawyer can access the file. Locations which have the capacity may establish a file access appointments platform.
People's procuratorates and people's courts shall facilitate and provide a place for defense lawyers to access files, providing them with any necessary facilities. As there are expenses involved in photocopying, those expenses must only be charged costs. For lawyers handling legal aid cases who incur expenses in photocopying materials, those expenses shall be waived or reduced. Defense lawyers may copy case materials by methods such as photocopying, photographing, scanning or copying electronic data, and may bring [a] legal assistant[s] to assist them according to their needs. The organ that is handling the case shall verify the identity of the legal assistant.
Where defense lawyers are consulting, extracting or copying case materials containing state secrets they shall do so with the consent of the people's procuratorate and the people's court and shall abide by the regulations on state secrets. Lawyers must not violate regulations, revealing or disseminating important case information and case materials, or using [that information or those materials] for purposes other than in defense and representation for that case.
Article 15: Where defense lawyers provide materials that are connected with the case, the organ that is handling the case shall receive those materials within office hours and at the place of business, and shall ascertain and record on the file in the presence of the defense lawyer, his/her purpose in providing the materials, the origin of the materials, their principal content and other relevant circumstances, filing them together with related materials and shall issue written acknowledgement of receipt of the items. The defence lawyer shall, when providing [materials] provide the original, or where there are challenges in providing the originals, they may provide a photocopy, as long as they do so with the permission of the organ that is handling the case, and have signed the photocopy after it has been compared for any errors with the original. A defense lawyer may submit related materials by means of an online services platform and the organ that is handling the case shall issue a written acknowledgement of receipt online. A defense lawyer shall promptly provide orginals to the organ that is handling the case along with a signed confirmation.
Article 16: During the period for review and determining whether to bring a criminal prosecution, or the trial period, if a defense lawyer provides a written application to have exculpatory or mitigating evidence collected that was gathered but handed over by public security organs or people's procuratorates while investigating or during the period for examining and determining whether to bring a criminal prosecution, the people's procuratorate and/or the people's court shall promptly examine and determine this request according to law. Where upon review it is believed that the evidence which a lawyer has applied to have collected has already been gathered and is in fact connected with the case, the organ shall promptly collect. Once relevant evidence materials have been submitted, people's procuratorate and the people's court shall promptly notify the defense lawyer that it may be consulted, copied, or reproduced. If after examination it is determined that the evidence should not be collected, then a written explanation of reasons shall be given.
Article 17: Where a defense lawyer has applied to gather evidence related to his/her case from a victim, the victim's close relations or a witness provided by the victim, the people's procuratorate, and/or the people's court shall issue a decision whether or not to permit this within 7 days and shall notify the defense lawyer. When a defense lawyer has issued a relevant written application, and the organ that is handling the case decides to deny the application, it shall state its reasons in writing; where the application has been made by the defense lawyer orally, the organ that is handling the case may respond orally.
Article 18: Where a defense lawyer applies to the people's procuratorate or the people's court to gather or collect evidence, the people's procuratorate or the people's court shall issue a decision whether it agrees or disagrees with the application within 3 days, and shall notify the defense lawyer. When a defense lawyer has made a relevant written application, and the organ that is handling the case does not agree with the application, it shall give a written statement of reasons; where the defense lawyer has made its application orally, the organ which is handling the case may answer orally.
Article 19: Where a defense lawyer applies to obtain evidence that is relevant to the case from a prisoner who is currently serving a sentence, the prison and other supervisory organs shall promptly arrange it and shall facilitate it and shall provide an appropriate place, once they have verified the lawyer's practicing certificate, law firm certificate and letter of attorney from the criminal suspect or defendant or official letter of legal aid.
Where a convict currently serving a criminal sentence is the victim, a relative of the victim, or a witness provided by the victim in a case that the lawyer is currently undertaking; they shall get approval from the people's court or people's procuratorate.
Article 20: Where In the course of civil and administrative proceedings lawyers are unable to to gather evidence for objective reasons, they may apply to the people's court to the people's court to collect evidence. Where upon review it is found eligible under provisions, the people's courts shall collect it.
Article 21: The case-handling organs shall hear the defense attorneys views where the lawyers so requests In the period before the investigating organ concludes its investigation of the case, in the period where the people's procuratorate or people's court is reviewing to approve or decide upon formal arrest, and in the period when the Supreme People's Court is reviewing a death penalty case. When a people's procuratorate is examining and determining whether to initiate a public prosecution, or where a people's court of second instance decides not to try a case, in these periods they shall fully listen to the opinions of a defense lawyer.
Where a defence lawyer requests that they be able to make their opinion known or to submit evidence in-person, the organ that is handling the case shall handle it according to law, and shall produce a written record of the addition to the case file. Where a defense lawyer provides a written opinion or evidence, it shall be added to the file.
Article 22: Where a defense lawyer makes a written application to change or remove of compulsory measures, the organ that is handling the case shall issue a decision on dealing with this within three days. Where the defense lawyer's application complies with laws and regulations, the organ that is handling the case shall promptly alter or remove the coercive measures; or, if, after examination and determination it believes that it does not need to alter or remove coercive measures, it shall notify the defense lawyer and shall issue a written statement of reasons.
Article 23: Where a defense lawyer, during the period in which the case is under investigation, undergoing examination and determination for initiating a public prosecution, or being tried, discovers relevant evidence falling within the circumstances set forth in Article 54 of the Criminal Procedure Law, he or she may apply to the organ that is handling the case for the exclusion of the unlawful evidence.
In the event that a defense lawyer applies for the exclusion of illegal evidence prior to the commencement of trial, and where the people's court has doubts about the lawfulness of the collection of the evidence, it shall convene a pre-trial meeting pursuant to Article 182 paragraph 2 of the Criminal Procedure Law, during which it shall understand the nature of the issues regarding the exclusion of the unlawful evidence, and shall hear opinions.
Where a defense lawyer applies for the exclusion of unlawful evidence, the organ that is handling the case shall listen to the opinions of defense lawyer(s), and according to procedures set out in law it shall examine and determine the verification of related evidence, and shall make a determination as to whether or not to exclude the evidence.
Article 24: Where a defense lawyer makes an application prior to trial for things such as the convening of a pretrial meeting, recusal, supplementary or new forensic evaluations and for witnesses or expert evaluators to appear before the court etc. the people's court shall promptly review and make a disposition decision, and notify the defense lawyer.
Article 25: When the people's court confirms the date for the commencement of trial, it shall reserve necessary preparation time for the lawyers to appear before court and shall notify the lawyers in writing. Where a lawyer, for reasons of a scheduling conflict with the starting date for trial or other ordinary reasons, applies to change the trial's starting date, the people's court shall consider and adjust the date where it will not affect the time limit for trying the case, and where it decides to adjust the date, shall promptly notify the lawyer.
Lawyers may apply to the people's court to have a legal assistant participate in hearings as necessary. Legal assistants participating in hearing can only engage in relevant support work, and must not express defense or representation comments.
Article 26: People's courts with capacity shall establish special lanes for lawyers participating in litigation, and where lawyers entering people's courts to participate in proceedings truly need to have a security check, they shall be treated the same as procuratorate personnel appearing in court to perform their duties. People's courts with capacity shall establish special changing rooms, rest areas or rest areas for lawyers, and provide the necessary chairs, tables, drinking water, network facilities and so forth, for the convenience of lawyers participating in proceedings.
Article 27: During the course of trial, where lawyers apply for the recusal of adjudicators or procurate staff, the people's court or people procuratorate shall make a disposition in accordance with law.
Article 28: During the course of trial, with the chief judge's approval, lawyers may ask questions of parties, witnesses, expert evaluators and persons with specialized knowledge.
Article 29: During the course of trial, lawyers may conduct courtroom debate and defense on the veracity, lawfulness, and relevance of evidence, from the perspective of the goals of evidence, the effectiveness of evidence, evidence standards, and the course of proofs.
Article 30: During the course of trial, lawyers may conduct courtroom debate on the case facts, evidence, application of law and other such issues.
Article 31: During the course of trial, judges shall pay attention to equality in procedural rights and a balance between prosecution and defense. The court shall justly safeguard the content, method, and timing of lawyers questions, debate over evidence, and defense argumentation in accordance with law; to facilitate lawyers fully expressing opinions and ascertaining case facts.
During the course of a trial, judges may issue guidance to lawyers in their questions and arguments, although judges must not arbitrarily interrupt or halt a lawyer's speech which he or she is undertaking according to procedure, other than where, in circumstances intentionally disruptive to courtroom order, that speech is overly repetitious, or is related to a question on which agreement was reached in a pre-trial conference, or where it is unrelated to the case, or where it humiliates, insults or threatens others.
Article 32: During the course of a trial, a lawyer may submit evidence, submit notification for a new witness or person with special knowledge to appear before the court, or apply to get new evidence, or apply for a new expert evaluation or examination or inspection. In a civil suit, where [the lawyer] applies for a person with specialized knowledge to appear before the court, he or she shall apply to the people's court to do so prior to the expiration of the time limit for provision of evidence, and may bring that person before that court once they have the permission of the court.
Article 33: During the course of a trial, in the event of major situations such as defendants significantly changing their statements or refusing the defense, then the defense lawyer may communicate with the defendant upon permission of the chief trial judge.
Article 34: During the course of trial, in any of the following circumstances, the lawyer may apply to the Court for an adjournment:
(1) Where the defense attorney refuses to defend the accused for legally prescribed reasons;
(2) Where the defendant refuses to have the defense lawyer defend him;
(3) Where it is necessary to make defense preparations for new evidence;
(4) Other situations seriously impacting the ordinary conduct of hearings.
Article 35: Defense lawyers making a not-guilty defense, may express defense comments on sentencing issues at court, and may also submit sentencing defense comments after court.
Article 36: A people's court applying ordinary rules of procedure in trying a case shall clearly record in its judicial opinion the defense or representation arguments put forward by lawyers, and shall state whether these opinions or arguments were accepted, and shall give reasons.
Article 37: The case-handling organs shall notify the defense attorney or representing attorney of major procedural information in litigation and litigation documents served to the parties.
Article 38: During the course of a trial, if a lawyer makes an application before the court, regarding recusal, jurisdiction of the case, exclusion of unlawful evidence, or for a person, expert witness or person with specialized knowledge to appear before the court, or applies to have a new witness appear before the court, or applies to get new evidence, or applies for a new expert evaluation or examination or other issues, or if he or she puts forward an objection regarding court procedure, that court shall, as a matter of principle, adjourn the court to examine and determine that application and shall issue a decision according to procedures set out by law. Where other lawyers have related objections, they should be dealt with together, and the court shall adjourn together [in respect of all of the related objections]. Where a court decides to reject an application or overrule an objection, a lawyer may apply for reconsideration of that decision in court. Following reconsideration, a lawyer shall respect the court's decision, and act in accordance with the court.
Where a lawyer is dissatisfied with the decision of the court the contents of his or her opinion shall be preserved and shall be recorded in detail into the court record, it may be used as grounds for an appeal or it may be used to appeal to or file a charge with a people's procuratorate at the same or a higher level.
Article 39: Where lawyers request to review the audio or visual recordings of trial that the people's courts have created, people's courts shall allow it.
Article 40: Where the investigating organ adopts compulssory measures against a lawyer suspected of a crime during the course of legal proceedings, it shall notify the lawyer's law firm or the lawyers association to which he or she belongs within 48 hours.
Article 41: Where a lawyer believes that the organ that is handling the case and its staff are clearly violating the law or regulations, or obstructing the lawyer in the lawful exercise of his or her defense of their client, or their representative responsibilities, or where they have violated the lawyer's professional rights, he or she may complain to the organ that is handling the case or to its superior organ.
The organ that is handling the case shall provide a clear/unobstructed channel by which a lawyer may report issues and make complaints, and shall specify a specialised department with responsibility for handling lawyers' complaints and shall make its contact details public.
The organ that is handling the case shall promptly investigate a lawyer's complaint, and in the situation where a lawyer requests an in-person report, shall hear the lawyer's opinion in-person. Where investigation reveals that the complaint is true, the [organ] shall immediately rectify [the situation] according to law, and shall promptly respond to the lawyer, and it shall perform the task of explaining the matter properly, and will also report on its handling of the matter to the organ for the administration of justice in the area or the legal professional association to which he or she belongs.
Article 42: In criminal proceedings, where defense lawyers find that the following conduct by case-handling organs and their staffs obstruct their lawful exercise of their litigation rights, they may make an appeal or accusation to the people's procuratorate at the same level or the level above:
(1) Failure to perform duties owed to lawyers such as to inform, transfer information, notify or give service;
(2) Case-handling organs determination that a lawyer must not serve as defender or representative is in error;
(3) Not accepting or responding to lawyers' lawfully submitted applications;
(4) Not approving lawyers' applications that should be approved in accordance with law;
(5) Failure to hear lawyers opinions that should be heard in accordance with law;
(6) other conduct that obstructs lawyers lawful exercise of procedural rights.
Where lawyers raise an appeal or accusation under the previous clause, the people's procuratorate shall conduct a review within 10 days of receiving it and respond to the lawyer in writing about the disposition. Where the situation is verified, notify the relevant organs to make corrections. Where the situation is not verified, do a good job of explaining and interpretation.
People's procuratorates shall strictly perform the legal supervision duty to ensure lawyers' lawful practice rights in accordance with law. Where, in the course of case handling, conduct obstructing lawyers' lawful exercise procedural rights is discovered, a corrective opinion shall be promptly submitted in accordance with law.
Article 43: Where after investigating and verifying a complaint, appeal or accusation submitted by lawyers, the case-handling organs, the organ at the level above them or people's procuratorates request that corrections be made, and the relevant organs refuse to make the corrections or it is a longstanding problem, it shall be investigated and handled by the discipline and inspection committee for the relevant organ in accordance with relevant regulations, and where a disciplinary violation by the relevant responsible parties is constituted, give disciplinary sanctions.
Article 44: Where a lawyer believes that the organ that is handling the case and its staff are obstructing the lawful exercise of his/her professional rights, he or she may apply to have his or her professional rights protected by either the city level organ for the administration of justice or the legal professional association located within the area in which his or her law firm is based. Where the situation is urgent, he or she may apply the organ for the administration of justice or lawyers association located where the incident occurred for protection of his or her professional rights. The organ for the administration of justice or the lawyers association located where the incident occurred shall provide assistance.
Organs for the administration of justice and lawyers associations shall establish rapid response and coordination mechanisms for protecting lawyers' professional rights and shall promptly arrange for specialized personnel to coordinate responses. If a lawyer's application for defense of their rights has a legitimate basis, the organ for the administration of justice or the legal professional association shall suggest that the organ handling the case handle the matter according to law, and the relevant organ that is handling the case shall promptly give feedback to the organ for the administration of justice or the legal professional association on its response to the situation.
The organ for the administration of justice, or thelawyers association, holding relevant identification, in investigating and verifying circumstances relating to the preservation of a lawyer's rights and interests or violations of discipline, shall be given the cooperation, assistance and any relevant materials by the organ that is handling the case.
Article 45: People's courts, people's procuratorates public security organs, national security organs, judicial administrative organs and lawyers associations shall establish a joint conference system, periodically communicating on the situation of efforts to safeguard lawyers practice rights, promptly investigating and handling emerging situations of violations of lawyers practice rights.
Article 46: Standardize legal services in accordance with law, strictly investigation sham legal practices and unlawful engagement in legal services. Where persons who have not obtained a lawyer's practice license or have had their practice license cancelled or revoked, provide legal service as a lawyer or engage in related activities, or exploit legal provisions on citizen representation to engage in litigation representation or defense to unlawfully profit; pursue responsibility in accordance with law and where serious consequences are caused, pursue criminal responsibility in accordance with law.
Article 47: "Case-handling organ" as used in these Provisions refers to public security organs, national security organs, people's procuratorates and people's courts responsible for investigation, review for arrest, review for prosecution, and trial work.
Article 48: "Legal Assistant" as used in these Provisions refers to other lawyers or interns applying for legal practice in the lawfirm of the defense attorney or representing attorney.
Article 49: These provisions become effective on the date of publication.