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 Geplaatst: 29-05-2018 04:05:59 Onderwerp: some lawyers' |
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A plaintiff (left) consults with his lawyer during an administrative lawsuit in a Beijing court Comprar Nike Air Max 90 Mujer , February 10, 2015. Photo: CFP
China's current leadership has enacted several measures to ensure lawyers' ability to effectively defend their clients. However, some local government officials still see lawyers as troublemakers that must be controlled, allegedly imposing restrictions on them by manipulating lawyers' associations. The associations have - encouraged by the central government - redoubled their efforts to protect the lawyers rights and interests. The success of judicial reform largely lies in the development of the legal profession, experts say.
Despite facing the risk of their law licenses being revoked, five lawyers from Southwest China's Yunnan Province jointly released an open letter in which they publicly declared that they were quitting their local lawyers' association. In the letter they accused the lawyers' association of failing to safeguard lawyers' rights and interests and of actively obstructing them from defending their clients.
According to the law regulating the activities of lawyers in China Comprar Nike Air Max 97 Mujer , all lawyers and law firms must join their local lawyers' association. The law says that the associations should be self-regulatory social organizations.
But some lawyers have complained that in some places, local associations lack democratic elections and financial transparency, and even turn a blind eye when lawyers' rights are infringed.
"The major problem is that lawyers associations are still manipulated by the authorities. They are yet to be non-governmental," Wang Liqian, one of the five lawyers and the director of the Lianyu Law Firm based in Zhaotong, Yunnan Province Comprar Nike Air Max Mujer , told the Global Times.
As these local organizations are supposed to examine and regulate lawyers and law firms, too much government interference will affect the ability of lawyers to defend their clients and may even cause miscarriages of justice, Wang said.
Lü Hongbing, who has been a vice president of the All China Lawyers Association since 2008, refuted the accusations and said that some lawyers misunderstand the government's role in managing lawyers' associations. "Just like other industrial associations, lawyers' associations also need the supervision and guidance of the government Comprar Nike Air Max TN Hombre ," Lü told the Global Times.
Reactions to the five lawyers' move have been mixed. "Some complaints are understandable but openly quitting is not wise. Most provincial-level associations are separated from government justice organs. They hold democratic elections and their financial auditing is made public," Xu Jian, dean of the Renmin University of China's law college, told the Global Times.
"As in other countries, it is mandatory that lawyers join such associations. If there is no organization to punish wrongdoings, the growth of the whole industry will be damaged Comprar Nike Air Max 95 Hombre ," Lü stated.
The government has made efforts to show lawyers that it is concerned about their rights. In the work reports of Supreme People's Court (SPC) and Supreme People's Procuratorate (SPP) delivered at the recent annual two legislative sessions, chief justice Zhou Qiang and Procurator-General Cao Jianming mentioned "lawyer" a total of 25 times, many more than ever before, and pledged to protect lawyers' rights and interests and improve their occupational environment.
"Judicial irregularities like restricting lawyers' rights take place from time to time," Cao said. "Measures should be introduced to ensure the right of lawyers to practice, to speed up the building of service platforms for them Comprar Nike Air Max Thea Hombre , to provide them with convenience and to help them play the full role of a lawyer," Zhou said in the report.
Xu said that lawyers are a vital part of the country's political and legal systems, and the democratization of the lawyer management system will drive the rule of law.
Interfering officials
Restrictions on the rights to investigate, collect evidence, meet with detained clients, and read case records have long been occupational barriers for lawyers in China.
In some cases Comprar Nike Air Max 90 Hombre , lawyers were allegedly beaten or driven out of courts during hearings. To the disappointment of lawyers, some local lawyers' associations have failed to respond to complaints about such incidents.
"Last year during litigation, I was assaulted by police officers, my cameras were destroyed and my audio recorder was seized. I reported these offenses to the district, municipal and national-level lawyers' associations, but none of them responded Comprar Nike Air Max 97 Hombre ," said Cheng Hai, a lawyer from Beijing Wutian Law Firm, who represents administrative cases such as when individuals pursue equal access to education or seek to publicize officials' assets.
Lü said that they would try to respond to any complaint regarding the infringement of lawyers' rights. The Shanghai Lawyers Association, where he was president from 2005 to 2008, has dealt with a total of 96 complaints from lawyers in the past four years, according to Lü.
Some lawyers have complained that lawyers' associations encourage them not to take sensitive cases Comprar Nike Air Max Hombre , as if they did they may not pass the association's annual review. This would mean that they would officially be an "unqualified" lawyer and would likely find it very difficult to attract clients.
Lin Zhong, a lawyer from Heilongjiang Province, was quoted as saying by the Southern Weekly in a November report that he received such a warning from his local association after he accepted a sensitive administrative lawsuit.
A man passes by the logo of All China Lawyers Association. Photo: CFP
Mo Shaoping, a renowned criminal defense lawyer claimed he had a similar experience to Lin, and said establishing lawyers' associations as independent social organizations is an international practice.
"But in China, some lawyers' associations are controlled by the local justice author
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