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Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, the Ministry of Justice and the All China Lawyers Association on Establishing and Improving the Rapid Interaction and Response Mechanism for the Protection of Lawyers' Practicing Rights [Effective]
最高人民法院、最高人民检察院、公安部等关于建立健全维护律师执业权利快速联动处置机制的通知 [现行有效]
【法宝引证码】

Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, the Ministry of Justice and the All China Lawyers Association on Establishing and Improving the Rapid Interaction and Response Mechanism for the Protection of Lawyers' Practicing Rights 

最高人民法院、最高人民检察院、公安部、国家安全部、司法部、中华全国律师协会关于建立健全维护律师执业权利快速联动处置机制的通知

(No.40 [2017] of the Ministry of Public) (司发通[2017]40号)

The higher people's courts, people's procuratorates, public security departments (bureaus), state security departments (bureaus), justice departments (bureaus) and lawyers' associations of all provinces, autonomous regions, and municipalities directly under the Central Government; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, and the People's Procuratorate, the Public Security Bureau, the State Security Bureau, the Justice Bureau, and the Lawyers' Association of Xinjiang Production and Construction Corps: 各省、自治区、直辖市高级人民法院、人民检察院、公安厅(局)、国家安全厅(局)、司法厅(局)、律师协会,新疆维吾尔自治区高级人民法院生产建设兵团分院、新疆生产建设兵团人民检察院、公安局、国家安全局、司法局、律师协会:
In order to implement the provisions of the Opinions on Deepening the Reform of the Lawyers System issued by the General Office of the CPC Central Committee and the General Office of the State Council and the Provisions on Legally Protecting Lawyers' Practicing Rights issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security人丑就要多读书

画风不对,如何相爱

, the Ministry of State Security and the Ministry of Justice, protect lawyers' practicing rights in a timely and effective manner, and protect lawyers' practice in accordance with the law, you are hereby notified of matters concerning establishing and improving the rapid interaction and response mechanism for the protection of lawyers' practicing rights as follows:
 为贯彻落实中共中央办公厅、国务院办公厅《关于深化律师制度改革的意见》和最高人民法院、最高人民检察院、公安部、国家安全部、司法部《关于依法保障律师执业权利的规定》,及时有效维护律师执业权利,保障律师依法执业,现就建立健全维护律师执业权利快速联动处置机制通知如下:
I. Overall requirements   一、聊五分钱的天吗总体要求
Rapidly and effective protecting lawyers' practicing rights is of great significance to maximizing the functions and roles of lawyers, promoting the smooth progress of judicial activities, and ensuring the accuracy and impartiality of justice. The people's courts, the people's procuratorates, the public security organs, the state security organs and the administrative authorities of justice at all levels and all lawyers' associations shall conscientiously implement the arrangements of the central authorities on the protection of lawyers' practicing rights, establish and improve a rapid interaction and response mechanism for protection of lawyers' practicing rights in respect of the outstanding problems existing in the protection of lawyers' practicing rights, strengthen communication and coordination, and ensure the first-time acceptance, investigation, handling and report of information after lawyers' practicing rights are infringed upon, effectively enhance the timeliness and effectiveness of protection of lawyers' practicing rights, and protect lawyers' practice in accordance with the law. 快速有效维护律师执业权利,对于充分发挥律师职能作用,促进司法活动顺利进行,保障司法精准性和公正性具有重要意义。各级人民法院、人民检察院、公安机关、国家安全机关、司法行政机关和各律师协会要认真贯彻落实中央有关保障律师执业权利工作部署,针对律师执业权利保障中存在的突出问题,建立健全维护律师执业权利快速联动处置机制,加强沟通协调,确保律师执业权利受到侵犯后第一时间受理、第一时间调查、第一时间处理、第一时间反馈,切实提高维护律师执业权利的及时性和有效性,保障律师依法执业。
II. Clarifying the scope of and channels for protecting lawyers' practicing rights   二、明确维护律师执业权利范围和途径
A lawyer may apply to the relevant lawyers association for protection of his or her practicing rights if he or she falls under any of the following circumstances during his or her practice and is of the opinion that his or her practice rights have been infringed upon: 律师在执业过程中遇有以下情形,认为其执业权利受到侵犯的,可以向相关律师协会申请维护执业权利:
(1) His or her right to know, right to apply, right to appeal, right to accuse and his or her legal practicing rights in such aspects as meeting, communication, consultation of case files, evidence collection and questioning, cross-examination, and debates are restricted, obstructed, infringed upon, or denied. (1)知情权、申请权、申诉权、控告权,以及会见、通信、阅卷、收集证据和发问、质证、辩论、提出法律意见等合法执业权利受到限制、阻碍、侵害、剥夺的;
(2) He or she is insulted, defamed, threatened, retaliated against, or injured. (2)受到侮辱、诽谤、威胁、报复、人身伤害的;
(3) The statement made by him or her under procedures is interrupted or impeded in violation of provisions in court session. (3)在法庭审理过程中,被违反规定打断或者制止按程序发言的;
(4) He or she is forcibly taken out of the courtroom in violation of the provisions. (4)被违反规定强行带出法庭的;
(5) He or she is held in custody, detained, imprisoned or his or her personal freedom is otherwise restricted. (5)被非法关押、扣留、拘禁或者以其他方式限制人身自由的;
(6) His or her lawyer's performance of defense and representation functions in accordance with the law is otherwise obstructed and his or her practicing rights are otherwise infringed upon. (6)其他妨碍其依法履行辩护、代理职责,侵犯其执业权利的。
Where a lawyer is of the opinion that a case handling authority and its staff members evidently violate legal provisions, obstruct the lawyer's performance of defense and representation functions in accordance with the law, and infringe upon the lawyer's practicing rights, the lawyer may file a complaint with the case handling authority or its superior authority at the next higher level, file an appeal or accusation with the people's procuratorate at the same or the next higher level, or file an application with the municipal administrative authority of justice at the place where he or she registers or the lawyers' association to which he or she belongs for protecting his or her practicing rights. Where a lawyer files an application with any other administrative authority of justice or lawyers' association, the relevant administrative authority of justice or lawyer's association shall receive the lawyer, and transfer his or her application within 24 hours to the municipal administrative authority of justice at the place where he or she registers or the lawyers' association to which he or she belongs. If the circumstances are urgent, his or her application shall be transferred immediately. If a law firm's practicing rights are infringed upon, the law firm may protect its practicing rights according to the aforesaid methods. 律师认为办案机关及其工作人员明显违反法律规定,阻碍律师依法履行辩护、代理职责,侵犯律师执业权利的,可以向办案机关或者其上一级机关投诉,向同级或者上一级人民检察院申诉、控告,向注册地的市级司法行政机关、所属的律师协会申请维护执业权利。律师向其他司法行政机关、律师协会提出申请的,相关司法行政机关、律师协会应当予以接待,并于24小时以内将其申请移交其注册地的市级司法行政机关、所属的律师协会。情况紧急的,应当即时移交。律师事务所执业权利受到侵犯的,可以按上述途径维护执业权利。
The All China Lawyers Association and all local lawyers' associations shall, in the first quarter of 2017, establish centers for the protection of lawyers' practicing rights and special platforms for the protection of lawyers' practicing rights, publish telephones and addresses for letters and visits on their official websites and office places, set up online acceptance windows, and arrange special persons to be responsible for receiving lawyers who apply for protecting their rights. 全国律协和各地律师协会应当于2017年第一季度建立维护律师执业权利中心,设立维护律师执业权利专门平台,并在官方网站、办公场所公布电话、来信来访地址,开设网上受理窗口,安排专人负责接待律师申请维权。
III. Improving the rapid acceptance mechanism for the protection of lawyers' practicing rights.   三、北大法宝,版权所有完善维护律师执业权利快速受理机制
The lawyers' association to which a lawyer belongs shall, after receiving the lawyer's application for protecting his or her practicing rights or the application transferred by an administrative authority of justice or any other lawyers' association, immediately examine the application. If the application complies with relevant provisions and falls within the scope of acceptance, the association shall accept the application in a timely manner; or otherwise, give an explanation to the lawyer in an effective manner. 所属的律师协会接到律师维护执业权利的申请或者司法行政机关、其他律师协会转来的申请后,应当立即进行审查。对符合相关规定,属于受理范围的,应当及时受理。对不属于受理范围的,应当向律师做好说明解释工作。
A lawyer shall submit a written application and provide relevant evidentiary materials when applying for protecting his or her practicing right with a lawyers' association, unless he or she applies via the online application windows. If the circumstances are urgent, he or she shall file an application by such means as phone and e-mail. After the emergency is ended, he or she shall additionally submit a written application, relevant evidentiary materials, and other written materials. The lawyers' association shall, when accepting the lawyer's application for protection of rights, register the application, and record in detail the lawyer's information and specific requests as well as the facts and reasons on which such requests are based, among others. 除在网上受理窗口申请外,律师向律师协会申请维护执业权利,应当提交书面申请书,并提供相关证据材料。情况紧急的,可以采用电话、电子邮件等方式提出申请。紧急情形消除后,应当补充提交申请书、相关证据材料等书面材料。律师协会受理律师维权申请,应当予以登记,详细记录律师信息、具体请求及请求所依据的事实、理由等。
The supervision departments of the people's courts at all levels, the prosecution departments of the people's procuratorates at all levels, the legislative affairs departments of public security organs at all levels, and the legislative affairs departments of the state security organs at all levels shall take charge of accepting lawyers' complaints. The prosecution departments of the people's procuratorates at all levels shall take charge of accepting the lawyers' appeals or accusations. The people's courts, the people's procuratorates, the public security organs, and the state security organs at all levels shall publish the titles and telephones of the acceptance institutions and their addresses for letters and visits on their official websites and office places, and arrange special persons to be responsible for accepting applications for protecting lawyers' practicing rights. The relevant entities shall accept and effectively register lawyers' complaints, appeals or accusations in a timely manner. 各级人民法院监察部门、人民检察院控告检察部门、公安机关法制部门、国家安全机关法制部门负责受理律师投诉。各级人民检察院控告检察部门负责受理律师申诉或者控告。人民法院、人民检察院、公安机关、国家安全机关应当在官方网站、办公场所公开受理机构名称、电话、来信来访地址,安排专人负责维护律师执业权利受理工作。对于律师的投诉、申诉或者控告,有关单位应当及时受理并做好登记。
IV. Improving the interaction and response mechanism for the protection of lawyers' practicing rights   四、完善维护律师执业权利联动处理机制
After accepting a lawyer's application for protecting his or her practicing rights, the lawyers' association to which he or she belongs shall handle the application in a timely manner according to different circumstances: 所属的律师协会受理律师维护执业权利申请后,应当区别不同情况,及时作出处理:
(1) If the application is under the handling scope of the lawyers' association, the lawyer's application materials shall be transferred to the relevant case handling authority within two working days for handling. If the circumstances are urgent, the information shall be reported to the relevant case handling authority within 24 hours. If the circumstances are particularly urgent and relevant handling measures need to be taken immediately, the lawyer's association may report the information immediately. (1)属于本律师协会处理范围的,应当于两个工作日以内将律师申请材料转交相关办案机关处理。情况紧急的,应当于24小时以内向有关办案机关反映。情况特别紧急,需要立即采取处理措施的,律师协会应当即时反映;
(2) In case of any application for protection of rights filed by a lawyer who practices in a different place, the lawyers' association to which he or she belongs shall, according to the different circumstances, inform in a timely manner the lawyers' association at the place where the act occurs and request it to offer assistance. The relevant lawyers' association shall offer assistance and require the relevant case handling authority to handle the application according to the working procedures and time limit requirements. (2)对于律师异地执业时提出的维权申请,所属的律师协会应当根据不同情况,及时向行为发生地律师协会通报,请求予以协助。相关律师协会应当给予协助,并按照工作程序和时限要求通报相关办案机关予以处理;
(3) For an application for protection of practicing rights that requires the case handling authority at or above the provincial level for handling, the lawyers' association shall request the lawyers' association at or above the provincial level for coordination and handling. (3)对于需要省级以上办案机关依法处理的维权申请,所属的律师协会应当提请省级以上律师协会予以协调处理。
The case handling authority shall immediately conduct investigations after accepting a lawyer's complaint or receiving the information reported or application materials transferred by relevant lawyers' association, and generally make a handling decision within ten days. If the circumstances are verified to be true, it shall immediately take actions to rectify in accordance with the law. The people's procuratorate shall immediately conduct examination and generally make a handling decision within ten days as of the acceptance of a lawyer's appeal or accusation. If the circumstances are verified to be true, it shall notify the relevant authority to take corrective action immediately. 办案机关应当在受理律师投诉或者接到有关律师协会反映的情况、移交的申请材料后立即开展调查,一般应于十日以内作出处理。情况属实的,应当依法立即纠正。人民检察院在受理律师申诉、控告后,应当立即进行审查,一般应于十日以内作出处理。情况属实的,应当通知有关机关立即予以纠正。
Where a lawyer is injured due to practice in accordance with the law, the relevant authority shall, in a timely manner, stop the conduct and handle the situation in accordance with the law after receiving a complaint or finding the situation, and when necessary, take measures to protect the lawyer. 律师因依法执业受到人身伤害的,有关机关接到投诉或者发现后应当立即制止并依法处理,必要时对律师采取保护措施。
In the process of investigation and handling, the case handling authority, the administrative authority of justice and the lawyers' association shall strengthen communication and interaction, and coordinate and resolve relevant problems in a timely manner. Where it is found that the infringement of lawyers' practicing rights and lawyer's practicing in violation of laws and regulations are mutually mixed or the circumstances are complicated or in dispute, the case handling authority, the administrative authority of justice and the lawyers' association may form a joint investigation team to find the facts in a timely and accurate manner. 调查处理过程中,办案机关、司法行政机关和律师协会要加强沟通联动,及时协商解决有关问题。发现侵犯律师执业权利行为与律师违法违规执业相互交织的或者情况复杂、存在争议的,办案机关、司法行政机关和律师协会等可以组成联合调查组,及时准确查明事实。
When a lawyers' association encounters difficulties and problems in handling the lawyer's protection of practicing rights, which are difficult to be resolved through coordination, it may request the administrative authority of justice to make coordination. In case of major and complex problems or emergencies that infringe upon lawyers' practicing rights, the administrative authority of justice shall, by relying on the joint meeting system for the work on lawyers, coordinate with the relevant case handling authority to resolve such problem or emergency in a timely manner, and if necessary, hold a temporary meeting for deliberation and handling. 律师协会在处理律师维护执业权利过程中遇到困难和问题,难以协调解决的,可以提请司法行政机关予以协调。遇到重大复杂问题或者侵犯律师执业权利的重大突发事件,司法行政机关应当依托律师工作联席会议制度,协调有关办案机关及时予以解决,必要时召开临时会议研究处理。
In the process of protecting a lawyer's practicing rights, a lawyers' association shall, after communicating with the case handling authority and the administrative authority of justice, give voices at appropriate time and express their concerns according to the actual circumstances of investigation and handling, and announce phase-based investigation results or work progress. After a lawyers' association investigates and handles a lawyer's complaint, appeal or accusation and communicates with the case handling authority and the administrative authority of justice, it shall disclose investigation and handling results to the public in a timely manner if necessary. 律师协会在维护律师执业权利过程中,可以与办案机关、司法行政机关沟通后,根据调查处理的实际情况,适时发声,表达关注,公布阶段性调查结果或者工作进展情况。对律师的投诉、申诉或者控告作出调查处理并与办案机关、司法行政机关沟通后,必要时应当及时向社会披露调查处理结果。
V. Feeding back handling results in a timely manner   五、及时反馈调查处理结果
Where a lawyer applies to a lawyers' association for protecting his or her practicing rights, the lawyers' association shall feed back the work progress to the applicant in a timely manner. The case handling authority shall notify in writing the lawyers' association of a handling decision within two working days after making the handling decision according to relevant investigation information, and the lawyers' association shall feed back to the applicant in a timely manner. 律师向律师协会申请维护执业权利的,律师协会应当及时将工作进展情况反馈申请人。办案机关根据有关调查情况作出处理决定后,应当于两个工作日以内将处理决定以书面形式告知律师协会,律师协会应当及时反馈申请人。
Where a lawyer directly files a complaint with the case handling authority or its superior authority at the next higher level or files an appeal or accusation with the people's procuratorate, the case handling authority or the people's procuratorate shall, within two working days after making a handling decision, give a written reply on the handling decision to the lawyer himself or herself, and notify the administrative authority of justice at the place where the lawyer is registered or the lawyers' association to which the lawyer belongs. 律师直接向有关办案机关或者其上一级机关进行投诉、向人民检察院进行申诉或者控告的,办案机关或者人民检察院应当在作出处理决定后两个工作日以内将处理决定书面答复律师本人,并通报其注册地的司法行政机关或者所属的律师协会。
VI. Strengthening guidance to and supervision on the work   六、加强工作指导监督
The people's courts, the people's procuratorates, the public security organs, the state security organs, the administrative authorities of justice at all levels and all lawyers' associations shall attach great importance to the rapid interaction on and response to the protection of lawyers' practicing rights, effectively strengthen communication and coordination, implement work responsibilities, and form synergy; shall establish a joint meeting system, jointly study the issues concerning rapid interaction on and response to the protection of lawyers' practicing rights on a regular basis; and shall establish and improve the systems for the recording, notification and accountability of infringements upon lawyers' practicing rights, and severely investigate and punish serious infringements of lawyers' practicing rights. Where the case handling authority or its superior authority at the next higher level or the people's procuratorate requires the relevant authority to take corrective action after conducting investigation and verifying the complaint, appeal or accusation filed by the lawyer, and the relevant authority refuses to take corrective action or commits repeated offences after taking repeated corrective actions, the disciplinary inspection and supervision department of the relevant authority shall conduct investigation and impose punishment in accordance with the relevant provisions, and any relevant liable person who violates the discipline shall be taken against a disciplinary action. They shall summarize the work on rapid interaction and response mechanism for the protection of lawyers' practicing rights and the relevant model cases in a timely manner, report information at the joint meeting on a regular basis, effectively conduct publicity, and promote the formation of a favorable atmosphere of respecting and protecting lawyers in the whole society. 各级人民法院、人民检察院、公安机关、国家安全机关、司法行政机关和各律师协会要高度重视维护律师执业权利快速联动处置工作,切实加强沟通协调,落实工作责任,形成工作合力。要建立联席会议制度,定期共同研究律师维护执业权利快速联动处置工作有关问题。要建立完善侵犯律师执业权利行为记录、通报和责任追究制度,对严重侵犯律师执业权利的行为予以严肃处理。办案机关或者其上一级机关、人民检察院对律师提出的投诉、申诉、控告,经调查核实后要求有关机关予以纠正,有关机关拒不纠正或者累纠累犯的,应当由相关机关的纪检监察部门依照有关规定调查处理,相关责任人构成违纪的,给予纪律处分。要及时汇总本地区维护律师执业权利快速联动处置工作情况及典型案例,定期在联席会议上予以通报,并做好宣传工作,推动形成全社会尊重和保障律师的良好氛围。
Supreme People's Court 最高人民法院
Supreme People's Procuratorate 最高人民检察院
Ministry of Public Security 公安部
Ministry of State Security 国家安全部
Ministry of Justice 司法部
All China Lawyers Association 中华全国律师协会
April 14, 2017 2017年4月14日
     
     
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