Law professionals laud new measure as a protection of their rights
Authorities in East China's Shandong Province have released the country's first regulation on punishments for lawyers and law firms, a measure many lawyers applauded as a protection of their rights.
The regulation, which took effect on July 1, stipulates that significant, sensitive and complex cases related to lawyers' and law firms' malfeasance should be accepted and approved only by the head of the province's judicial organ and should be reported to higher authorities, news site caixin.com reported Tuesday.
"There are already some cases being handled under this regulation, but since it was only released two weeks ago, a lot of specific feedback is needed about its operation," Li Lingyun, director of the Lawyers Management Department under Shandong's Department of Justice, was quoted by caixin.com as saying.
According to Shandong's justice department, the regulation demands that judicial authorities establish a system to separate investigative and disciplinary procedures if lawyers or law firms are found to be in breach of law. It also stipulates that a third party must be introduced into the system.
Feng Jun, deputy head of the justice department, told caixin.com that before the regulation was released, administrative punishments for lawyers were often delayed because some judicial officials and lawyers' associations "did not dare, were unwilling to and did not know how to" deal with such cases.
"The regulation could protect lawyers from abuse by judicial power. Meanwhile, it also serves as a warning for their work," Xu Fengwei, a lawyer at Shandong Tonghe Law Firm, told the Global Times on Tuesday.
"As sensitive cases related to lawyers usually stir up social discussion, the regulation would help ease social conflicts," Yuan Yulai, a lawyer at Zhejiang Zhixing Law Firm and member of the Administrative Law Committee under the All China Lawyers Association, also told the Global Times.
"Previously, when it came to significant and sensitive cases, especially in many cases where the defendant might be the local government, lawyers would face a great deal of pressure, and the lawyers' association would barely be able to protect the lawyers," Yuan said.
As a part of deepening reforms to the legal system, the regulation aims to enhance lawyers' ability to perform their professional duties and to establish comprehensive measures to punish illegal actions by lawyers, law firms and members of lawyers' associations, caixin.com said.
Beijing's Fengrui Law Firm was broken up in July 2015 after it was found to be serving as a platform for a "criminal gang" that had orchestrated over 40 incidents to disturb social order, the Xinhua News Agency reported.
In February 2010, former defense lawyer Li Zhuang was sentenced to 18 months in prison for fabricating evidence and encouraging a client to perjure himself in court. He was disbarred after the case. Li denies having committed any offense and has sought a retrial.
