Law firms annual inspection assessment method
(April 8, 2010 121th promulgated by the Ministry of Justice as of the date of promulgation) Chapter I General provisions
First annual examination in order to regulate the law firm work, strengthen the supervision of law firm and management activities, in accordance with the People's Republic of China Law on lawyers (hereinafter referred to as the lawyers Act) requirements, combining with the practical lawyer, these measures are formulated.
Second annual examination of the law firm, refers to the judicial administrative organs for law firms on a regular basis the previous year practice and administration of the examination, an evaluation of the State of their professional and management.
Annual examination, should lead to law firms and their lawyers to abide by the Constitution and the law, strengthen self-discipline management according to law, integrity and duty practising and loyal to their lawyers calling socialism with Chinese characteristics, safeguard legitimate rights and interests of the parties, correct implementation of the law, and safeguard social fairness and justice.
Article III judicial administrative organs conduct annual checks of law firm assessment, should adhere to principles of law, justice and openness.
Fourth judicial administrative organs of provinces, autonomous regions and municipalities are responsible for guidance and supervise the administrative region annual evaluation work in a law firm.
City divided into districts or municipalities (counties) of judicial administrative organs in charge of organizing the implementation of annual evaluation work in a law firm in their respective administrative areas.
County-level judicial administrative organs responsible for annual inspection, test and trial work.
Article judicial administrative organs of the law firm's annual examination with the Bar Association for lawyers combining annual assessment.
Chapter II examination content
The sixth annual examination of the law firm, main examination law firms to comply with the Constitution and the law, statutory responsibility, self-regulation, including the following:
(A) the construction of the legal profession;
(B) the implementation of operational activities;
(D) the internal management;
(E) subject to administrative punishment, reward and punishment;
(F) perform the obligation of Lawyers Association;
(G) the province, autonomous region, municipality directly under the administration of Justice deems the examination of other matters as needed.
Seventh article this article sixth first provides "the construction of the legal profession", which include and can be broken down into the following:
(A) the quantity, quality, structure change of lawyer's situation;
(B) the organization law of ideological and political education and lawyers professional ethics and practice discipline of education;
(C) organizing operational learning and vocational training;
(D) carry out party building work of lawyers.
Eighth article sixth herein provided "business activities" include and can be broken down into the following:
(A) the business, expanding the number and category of service, improve service quality and operational aspects of income;
(B) in carrying out its business activities in compliance with laws, rules, regulations and industry standards;
(C) guiding and supervising Attorney's major cases and mass of the circumstances of the case;
(D) monitoring and complaint investigation imposed on lawyers;
(E) legal assistance obligations, social service and other social welfare activities;
(Vi) for practice by the parties, the relevant departments and public praise, complaint cases.
Nineth sixth article herein under "lawyers", and include and can be broken down into the following:
(A) in practice, counsel to comply with laws, rules and regulations, and abide by the professional ethics and practice discipline and professional code of conduct;
(B) lawyers legal assistance obligations, social service and other social welfare activities;
(C) subject to administrative punishment, reward and punishment of lawyers;
(D) lawyers ' annual assessment of the situation.
Provisions of the tenth article of the fourth article approaches the sixth "internal management", which mainly included and can be broken down into the following:
(A) practice management systems established and implemented;
(B) management, financial management and distribution management systems established and implemented;
(C) pay taxes according to law;
(D) the establishment of professional risks, such as career development and their use of the Fund;
(E) management to hire lawyers and support staff;
(Vi) Management Branch;
(G) management internship applicants to practitioners;
(H) filing, lawyers file creation and management;
(I) the articles of Association, the implementation of partnership.
11th judicial administrative organs conduct annual checks of law firm examination, shall at the same time the Bar Association lawyers filed the results of the annual assessment of practice review.
Chapter III examination grades and standard
12th annual examination results of the law firm are divided into "qualified" and "not qualified" two grades.
Assessment grades are the judicial administrative organs of the law firm last year practice and management of the overall assessment.
13th law firm practice and management activities in accordance with the following standards, examination grades for "qualified":
(A) to comply with the Constitution and the laws, effectively fulfilling their statutory duties;
(B) in the construction of the legal profession, to carry out business activities, the implementation of the internal management in line with laws, rules, regulations and industry standards requirements;
(C) had not been practicing this offence subject to administrative punishment or administrative punishment according to the requirements and implement action plan.
14th law firm has one of the following circumstances, examination such as "failed":
(A) allowed, condoned, defending lawyer illegal, causing serious consequences;
(B) is not required to establish a sound internal management system, lax daily, confusing, contributing to the normal operation;
(C) are subject to administrative penalties without the required corrective or corrective action nonconformance;
(D) the statutory requirements are not maintained;
(E) the annual practice of reporting and the lawyers there are serious falsifications of the annual appraisal;
(F) other serious violations, adverse social impacts.
Fourth chapter evaluation program 15th annual examination of the law firm work, it should be handled in the year from March to May set.
Specific processes and schedules of work, shall be prescribed by the judicial administrative organs of provinces, autonomous regions and municipalities.
16th article lawyer firm accept annual check assessment, should in completed on this by lawyer practice industry annual assessment and this by practice industry, and management situation summary Hou, according to this approach provides of check assessment content, according to provides time, to location of County judicial administrative organ submitted this by Shang a annual practice industry situation report and on this by lawyer practice industry annual assessment of situation, and submitted following material:
(A) the annual financial audit report;
(B) operational activities statistical reports;
(C) certificates of tax payments;
(D) be granted approval of significant changes in the year;
(E) Executive or industry awards, subject to administrative penalties or disciplinary documentation;
(F) the establishment of professional risks, such as career development fund supporting documents;
(VII) for lawyers and support staff to handle pension, unemployment, medical and other social insurance documents;
(VIII) legal assistance obligations, social service and other social activities of supporting documents;
(I) perform the obligation of lawyers association supporting documents;
(J) the judicial administrative organs of provinces, autonomous regions and municipalities requested by other materials.
17th judicial administrative organs at county level received material from law firms to submit, in accordance with the provisions of these measures should be reviewed, found submit practice reports and related materials are incomplete or have doubts, law firms should be required to supplement or explain, if necessary, carry out investigation to verify.
Judicial administrative organs at the county level shall, within the prescribed period of completion of the review, issue a preliminary review opinions and assessment grades evaluation suggests, together with the law firm submitted materials, submit district, the municipal judicial administrative organs.
18th law firm in County-level judicial administrative organs to submit annual examination material at the same time, should be the advice of our lawyers practice year evaluation report reviewing municipal Bar Association, determined by the test results.
Bar Association lawyers should be results by the date of the annual appraisal district city or downtown (s) administration of justice authorities for the record. 19th district of the municipal administration of justice law firm receiving County-level judicial administrative organs to submit materials and advice in the first instance, shall, in accordance with the assessment content and evaluation criteria as provided herein, of the law firm last year to review the practice and management, while municipal lawyers ' Association reported lawyers ' annual record review test results.
Based on the review results, evaluation grades for law firms.
In reviews, find law firms submitted materials as well as county-level judicial administrative organs of preliminary review opinions, the Bar Association of lawyers evaluation results and reality, or receive a complaint or information, can carry out investigation to verify or to instruct the county-level judicial administrative bodies, bar associations be revisited.
Assessment bodies of law firm evaluation grades should seek the views of municipal lawyers ' Association.
20th of the municipalities within the regional law firm by the municipal district (County) judicial administrative organs in accordance with the present article 16th, 18th and 19th of the regulations, direct annual examination. 21st after examination grades evaluation of a law firm, city divided into districts or municipalities (counties) judicial administrative organs shall result in a local lawyer management be publicized on the website.
Public notice period of not less than 7th. Law firm of objection to the assessment results, may apply to the assessment review.
Examination authority shall, from the date of receipt of the application within the 10th review and advise the applicant in writing the review results.
22nd city divided into districts or municipalities (counties) of judicial administrative organs in the annual assessment results determined after the law firm permit stamped "annual evaluation of the law firm" seal, and indicate the result; at a lawyer's practice certificate stamped "lawyers annual assessment for the record" special.
The 23rd law firm on suspicion of an offence is being investigated, or ordered sanction and penalty period has not expired shall be deferred examination, pending investigation results, or after expiration of the punishment to evaluation.
24th article to be classified as "qualified" law firm, by inspection, test and found that the construction of the legal profession, business activities, internal management problems, by the municipal or district municipality area (County) judicial administrative organs to order rectification, and supervise the implementation of its corrective action.
25th article on was evaluation for "not qualified" of lawyer firm, by set district of city level or municipalities district (County) judicial administrative organ according to its exists violations of nature, and plot and the against degree, law give closed reorganization a months above six months following of punishment, and ordered its rectification; while on the by head and has directly responsibility of lawyer law give corresponding of punishment; plot special serious of, law revoked its practice industry license. Law firms because of the circumstances set forth in this fourth article approaches the 14th has been assessed as "not qualified", assessment authority shall order the rectification.
Still does not meet the statutory conditions for the establishment of rectification shall be terminated.
26th annual examination of the law firm is not required to accept, by the municipal or district municipality area (County) judicial administrative organs notice order the period subject to annual evaluation; overdue for annual examination, considered itself closed down by the judicial administrative organs to recover and to cancel their license to practice.
27th annual checks of law firm results and the lawyers ' annual assessment results should be credited to law firms and solicitors ' archives, respectively.
Law firms annual examination results shall be entered into by the owner, partner of solicitors ' files.
Fifth chapter evaluation results filings and notices
28th city divided into districts or municipalities (counties) of judicial administrative organs after the end of the annual examination, law firms should be the administrative examination of annual inspection summary and evaluation results are submitted to the provincial, autonomous region, or municipality directly under the administration of justice authorities for the record, with a copy to the local municipal lawyers ' Association.
29th of provinces, autonomous regions and municipalities directly under the judicial administrative organs shall, without delay after receipt of filing for approval to complete the summary, the results of the annual examination of the administrative law firm in specified newspapers and the Government shall be published on the website.
Content of the notice, and shall also include the law firm's name, license number, organizational forms of practice, home address, zip code, telephone, person in charge, lawyers name and the license number and so on.
Article 30th province, autonomous region, municipality directly under the administration of Justice should be at the end of May of each year annual examination of the administrative law firm conclusions and assessment results report the Ministry of Justice, with a copy to the provinces, autonomous regions and municipalities directly under the bar.
31st Department of Justice according to the province, autonomous region, municipality directly under the authority of the administration of justice law firm annual examination results and related information on an annual national directory of law firms and lawyers, and to the public.
The sixth chapter supplementary articles 32nd law firm by its local districts of the city or municipality (County) judicial administrative organs in accordance with the regulations of the annual examination.
Evaluation results shall be reported to the provincial, autonomous region, or municipality directly under the administration of justice authorities for the record, with a copy to establish branch offices of the city divided into districts, where the law firm level or downtown (County) judicial administrative organs. 33rd article this way as of the date of promulgation.