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Notice of the Supreme People's Procuratorate on Conscientiously Implementing the Provisions on Legally Protecting Lawyers' Practicing Rights [Effective]
最高人民检察院关于认真贯彻执行《关于依法保障律师执业权利的规定》的通知 [现行有效]

Notice of the Supreme People's Procuratorate on Conscientiously Implementing the Provisions on Legally Protecting Lawyers' Practicing Rights 


(No. 7 [2015] of the Supreme People's Procuratorate) (高检发研字[2015]7号)

The people's procuratorates of all provinces, autonomous regions, municipalities directly under the Central Government, the military procuratorates, and the People's Procuratorate of Xinjiang Production and Construction Corps: 各省、自治区、直辖市人民检察院,军事检察院,新疆生产建设兵团人民检察院:
On September 16, 2015, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, the Ministry of Justice jointly issued the Provisions on Legally Protecting Lawyers' Practicing Rights (hereinafter referred to as Provisions). The said document is hereby forwarded to you along with notice on pertinent issues as follows: 2015年9月16日,最高人民法院、最高人民检察院、公安部、国家安全部、司法部联合印发了《关于依法保障律师执业权利的规定》(以下简称《规定》),现将该文件转发给你们,并就有关问题通知如下:
I Conscientiously learning and getting an understanding, effectively thinking and acting in accordance with the arrangements of the Central Committee of the Communist Party of China (CPC) Protecting lawyers' practicing rights in accordance with the law is an important part of the implementation of the Decisions of the Fourth Plenary Session of the 18th CPC Central Committee, and also an important mark of a country's rule of law and civilization. The Decisions are an important normative document to implement the requirements of comprehensively advancing rule of law, and make full use of the role of lawyers in protecting the parties' lawful rights and interests, ensuring the correct implementation of laws, and maintaining social fairness and justice, which has significant meaning in promoting judicial justice and socialist construction of rule of law. The document shall be rapidly forwarded to the people's procuratorates of all levels, and all staffs shall be organized to diligently study and understand the spirit of the Provisions, understand all the requirements of the Provisions, fully grasp the significant meaning of the Provisions, and enhance voluntaries in implementation.   一、认真学习领会,切实把思想统一到中央的部署要求上来。依法保障律师执业权利,是落实十八届四中全会《决定》的重要内容,也是一个国家法治文明的重要标志。《规定》是贯彻全面推进依法治国要求,充分发挥律师维护当事人合法权益、维护法律正确实施、维护社会公平正义作用的一部重要规范性文件,对于促进司法公正、促进社会主义法治建设具有十分重要的意义。要将文件迅速转发至各级人民检察院,组织全体干警认真学习领会《规定》的精神,了解掌握《规定》的各项要求,充分认识《规定》的重要意义,增强贯彻执行的自觉性。
II Protecting all of lawyers' practicing rights in accordance with the law in every link of the procuratorial work. The procuratorial agencies of all levels shall, really based on the overall situation and strategy of comprehensive rule of law, begin with correcting judicial concepts, regulating judicial behaviors and improving judicial work style, strictly observe the provisions of the Criminal Procedure Law, Lawyers' Law, Rules of Criminal Procedure of the People's Procuratorate (for Trial Implementation) and other laws and judicial interpretations, safeguard and promote lawyers to practice in accordance with the law. All the arrangements of the Decisions shall be effectively implemented; in investigation, examination and arrest, examination and prosecution, lawsuit supervision and all other links, the lawful exercising of the right to know, the right to meet, right to consult case files, right to apply for collecting or taking evidence and any other right in practice by lawyers shall be facilitated; lawyers' opinions shall be listened to conscientiously to effectively solve lawyers' "difficulties in meeting", "difficulties in consulting case files" and other problems, and promote partial and regulated justice. In respect of any behavior of the staff members of the procuratorial agencies which hinders lawyers from exercising litigation rights in accordance with the law, liabilities shall be seriously investigated, and where circumstances are serious, disciplinary punishment shall be given in accordance with pertinent provisions and a notice of criticism shall be circulated.   二、在检察工作各个环节依法保障律师的各项执业权利。各级检察机关要真正站在全面依法治国全局和战略的高度,从端正司法理念、规范司法行为、改进司法作风入手,严格依照《刑事诉讼法》、《律师法》、《人民检察院刑事诉讼规则(试行)》等法律和司法解释的规定,保障和促进律师依法执业。要把《规定》的各项部署落到实处,在侦查、审查逮捕、审查起诉、诉讼监督等各个环节为律师依法行使知情权、会见权、阅卷权、申请收集调取证据权等各项执业权利提供便利,认真听取律师的意见,切实解决律师“会见难”、“阅卷难”等问题,促进公正规范司法。对于检察机关工作人员阻碍律师依法行使诉讼权利的行为,严格责任追究,情节严重的,依照有关规定给予纪律处分并通报批评。
III Strengthening legal supervision of any act of other case handling authorities and their staff members which hinders lawyers' lawful practice. Both the revised Criminal Procedure Law and this Provisions specify the requirements for the procuratorial agencies to effectively implement the responsibilities in this area. The procuratorial agencies of all levels shall facilitate the channel for lawyers to report problems and file complaints, and where any lawyer files an appeal or accusation against any act of the public security agencies, people's courts and their staff members which hinder him from exercising litigation rights in accordance with the law, shall, in a timely manner, investigate and verify, and offer correction opinions in accordance with the law. Experiences shall be further summarized and supervisory system shall be explored and improved to promote the deep conduct of this work.   三、加强对其他办案机关及其工作人员阻碍律师依法执业行为的法律监督。修改后的刑事诉讼法和这次《规定》都对检察机关履行好这方面的职责提出明确要求。各级检察机关应当畅通律师反映问题和投诉的渠道,对于律师对公安机关、人民法院及其工作人员阻碍其依法行使诉讼权利的行为提出申诉、控告的,要及时调查核实,依法提出纠正意见。要进一步总结经验,探索完善监督机制,推动这项工作深入开展。
The circumstances and problems in the implementation shall be reported to the Supreme People's Procuratorate in a timely manner. 执行中的情况和问题,请及时报告最高人民检察院。
Supreme People's Procuratorate 最高人民检察院
September 29, 2015 2015年9月29日
【法宝引证码】        北大法宝en.pkulaw.cn
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