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Opinions of the Ministry of Justice on Promoting Lawyers' Participation in Pro Bono Legal Services [Effective]
司法部关于促进律师参与公益法律服务的意见 [现行有效]
【法宝引证码】

Opinions of the Ministry of Justice on Promoting Lawyers' Participation in Pro Bono Legal Services 

司法部关于促进律师参与公益法律服务的意见

(2019) (2019年)

For the purposes of maximizing lawyers' role in promoting the rule of law in China in all aspects and better satisfying the people's growing demands for legal services, in accordance with the Notice by the General Office of the CPC Central Committee and the General Office of the State Council of the Opinions on Deepening the Reform of the Lawyer System and the Notice by the General Office of the CPC Central Committee and the General Office of the State Council of the Opinions on Accelerating the Construction of a Public Legal Service System, and other laws and regulations, the opinions on promoting lawyers' participation in pro bono legal services are offered as follows: 为充分发挥律师在推进全面依法治国中的重要作用,更好满足人民群众日益增长的法律服务需求,根据《中共中央办公厅国务院办公厅印发<关于深化律师制度改革的意见>的通知》《中共中央办公厅国务院办公厅印发<关于加快推进公共法律服务体系建设的意见

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>的通知》和相关法律法规规定,现就促进律师参与公益法律服务提出如下意见。
I. General requirements   一、总体要求
1. Guiding ideology. Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, efforts shall be made to comprehensively fulfill the spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee; earnestly implement the new concept, new thinking and new strategy of the rule of law proposed by General Secretary Xi Jinping; organize, guide and support lawyers' participation in pro bono legal services; develop legal services for the public good; promote the development of a sound system and standards for lawyers' participation in pro bono activities; build a public legal service system that covers both urban and rural areas, ensures efficiency and convenience, and supports equal justice for all people, as well as a legal service network of all practicing areas at any time in any place; and strengthen the people's sense of gains, and make them safer and happier under the law-based governance. (一)指导思想。以习近平新时代中国特色社会主义思想为指导,全面贯彻落实党的十九大和十九届二中、三中全会精神,认真贯彻落实习近平总书记全面依法治国新理念新思想新战略,组织、引导、支持广大律师积极参与公益法律服务,大力发展公益法律服务事业,推动律师公益法律服务制度化、规范化,构建覆盖城乡、高效便捷、均等普惠的公共法律服务体系和全业务、全时空的法律服务网络,增强人民群众在全面依法治国中的获得感、幸福感、安全感。
2. Basic principles. Upholding the leadership of the Party: the Party organizations of law firms shall play a central role in supporting legal services on public welfare, and Party member lawyers shall take the lead and set a good example in pro bono projects; practicing the people-centered mission: emphasis shall be put on serving and guaranteeing the people's livelihood and satisfying their growing demands for legal services; encouraging voluntary contributions: lawyers shall be directed to voluntarily fulfill social responsibilities and actively participate in pro bono legal services; strengthening organizational leadership: measures for funds and incentives shall be improved to mobilize lawyers' participation in pro bono work. (二)基本原则。坚持党建引领,发挥律师事务所党组织在公益法律服务中的战斗堡垒作用和党员律师的先锋模范作用;践行为民宗旨,着力服务和保障民生,满足人民群众日益增长的法律服务需求;鼓励志愿奉献,引导律师自觉履行社会责任,主动参与公益法律服务;加强组织领导,完善经费保障和工作激励措施,调动律师参与公益法律服务的积极性。
3. Work objectives. The objectives are to encourage lawyers to actively participate in pro bono legal services; constantly expand the services' coverage; gradually enhance the service quality; upgrade the systems and mechanisms; improve the measures for guarantee and incentives; support the role of pro bono legal services in meeting the people's demands for legal services and promoting the rule of law in all aspects; further build the good image of lawyers in staying closing to the general public, caring about their concerns, and working for their benefits and interests; and continue to boost the recognition and reputation of lawyers in society as well as the people's satisfaction with legal profession. (三)工作目标。广大律师参与公益法律服务的积极性、主动性不断增强,公益法律服务覆盖面持续扩大,服务质量和水平逐步提升,体制机制更加健全,激励保障措施更加完善,在满足人民群众法律服务需求、推进全面依法治国中的作用更加凸显,促进律师队伍亲民、爱民、为民的良好形象进一步树立,律师职业社会认可度、满意度、美誉度进一步提升。
II. Main measures 光宗耀祖支撑着我去教室  二、主要措施
For the purpose of the Opinions, “pro bono legal services” mean legal services performed free of charge by law firms and lawyers for citizens, legal persons and other organizations. 本《意见》所称公益法律服务,是指律师事务所、律师为公民、法人和其他组织提供的无偿法律服务。
4. Broadening the scope of services. Lawyers shall be encouraged to provide pro bono legal services to special groups of people such as the disabled, migrant workers, the elderly, women, and children; serve as legal counsel in villages (or communities) for basic-level self-governing organizations in urban and rural areas; participate in legal publicity campaigns for social welfare, and work as volunteers for disseminating legal knowledge or advisers on law-based governance; provide free legal help on public legal service platforms or through other channels; participate in activities of shaking off poverty through legal services; volunteer to work as lawyers for frontier and remote areas, underdeveloped areas, or areas inhabited by minority ethnic groups; assist Party organizations and government agencies in receiving public complaints, settling legal cases and litigations, handling major emergencies, and administering law enforcement; provide mediation and conciliation services for public welfare, and volunteer to participate in people's mediation, administrative mediation, judicial mediation, and industrial and professional mediation; participate in providing “legal screening services” for private enterprises; engage in such tasks as studies on policies, legislative discussions, academic exchanges, and cultivation of professional personnel related to pro bono legal services; sponsor or support pro bono activities; and take an active part in pro bono legal services in other forms.
......
 (四)拓展服务领域。鼓励、引导律师为残疾人、农民工、老年人、妇女、未成年人等特殊群体提供公益法律服务;担任村(居)法律顾问,为城乡群众和基层群众性自治组织提供服务;参与公益性法治宣传活动,担任普法志愿者、法治辅导员等;在公共法律服务平台或者通过其他渠道提供免费法律咨询服务;参与法治扶贫活动,到边疆地区、欠发达地区和少数民族地区担任志愿律师;协助党政机关开展信访接待、涉法涉诉案件化解、重大突发案事件处置、城市管理执法等工作;提供公益性律师调解服务,志愿参与人民调解、行政调解、司法调解和行业性、专业性调解;参与民营企业“法治体检”公益服务;从事公益法律服务政策研究、立法论证、学术交流、人才培养等工作;为公益法律服务活动提供赞助或者支持;从事其他形式的公益法律服务。
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