The supreme people's court of justice
Judges and lawyers on regulating the relationship of safeguarding judicial justice
In order to strengthen judges and lawyers in the lawsuit activity of professional discipline, regulating the relationship of judges and lawyers, safeguard judicial justice, in accordance with the judges law of the People's Republic of China, the law of the People's Republic of China and other relevant laws and regulations.
1 in the lawsuit activity of judges and lawyers shall faithfully in the constitution and the law, fulfill their duties in accordance with the law, safeguard the dignity and judicial authority.
Article 2. A judge should not strictly in accordance with the case, the party concerned and the lawyers entrusted by various relations, with a dishonest way for trial or the effects of interference.
In the case of agent before lawyer and their agents, shall not apply to the process of the claim and the court judges with friends, schoolmates, teachers, colleagues have relations, and shall not use such relationship or other forms in law prohibits or interfere with the case.
Article 3 the judge shall meet the entrusted party unilaterally the lawyer.
A lawyer shall not unilaterally meets the judge in violation of the regulations.
Article 4. A judge should strictly carry out evasive system, if the case of the lawyer has friends, schoolmates, teachers, colleagues, once may affect the impartiality of the processing, should apply for withdrawal, whether by our dean or evade judicial committee decided.
Attorney for legal reasons or according to the relevant provisions shall not act as agent AD litem or defend clients, the entrusted party shall refuse, or terminate the principal-agent contract.
Article 5 the judge shall strictly implement the public trial system inform party shall, in accordance with the entrusted by the case of trial lawyers, but shall not divulge trial secret.
Lawyers may inquire details of illegal means, not mislead the litigation law.
Article 6 the judge not to recommend, introduces the lawyer as his agent, defenders, or implied replacement for lawyers undertake lawyers or introduce agent, etc, and shall not be legal services to businesses in violation of the provisions of the entrusted party lawyer to provide legal advice or comments.
A lawyer shall not express or implied judge for agent, such legal services business.
Article 7. A judge is not allowed to party and lawyer extort or collect gifts, money, securities, etc. Not by festival to extort or lawyer charged gifts, gift, Not accept party and lawyer banquets, May require or accept party and lawyer contributive buy goods or decorate house, various entertainment, tourism activities, Entrusted by the parties shall not require any fee reimbursement lawyer, Entrusted by the parties shall not to use transportation, communications, lawyer tools and other articles.
The lawyer may borrow judge his near relatives or marriage funeral festival gift money matters, and securities, Judge not to pay bribes or instigate, gifts, gift, bribery, the induction Not for the purchase of commodities or residence, decorate the capital to invite entertainment, tourism activities, Judge not for any expenses reimbursement, Not to judge lend transportation, communications tools or other items.
Article 8 the judge may require or implied lawyers to party for any property or other benefits.
The lawyer not judge the name or contact, thanks to the judge, for any property or other benefits.
Article 9 the judge shall strictly abide by the laws and regulations of the trial period, reasonable arrangement, abide by the court judge affairs.
A lawyer should strictly abide by the laws and regulations of the judicial documents submitted to the limit, and other relevant regulations, abide by the court procedure.
Judges and lawyers are not used delay in session. The judge justifiable calchas session, or law justifiable calchas court, the people's court shall not affect the case under the condition of the limit of time, the court shall arrange, and inform party entrusted by the law.
Article 10 the judge in the trial process, should be strictly in accordance with the laws and regulations of the trial proceedings, respect the rights and practicing lawyer andhear parties.
A lawyer should abide by the court rules, respect for authority, to perform the duties, defense.
Article 11 in litigation judges and lawyers shall strictly abide by the judicial activities, maintain good manners, civilized behavior.
Article 12 a lawyer for judges have those who violate the provisions of the act, or by the judicial administration department, the people's court to lawyers association, or sign, the report for violating discipline, ZhengJi or legal responsibility.
The judge for lawyers have those who violate the provisions of the act, the people's court may directly or through to the relevant administrative departments of justice, lawyers association, or give industry sanctions, administrative penalty shall be investigated for legal responsibility until the judicial proposal.
Article 13 the parties, the case that the judge or a lawyer stranger those who violate the provisions of the act, the people's court, may to the relevant administrative departments of justice, the disciplinary inspection and supervision department, lawyers association report or sign.
Article 14 the people's courts and judicial administrative departments, lawyers association for judges, lawyers in violation of these provisions shall, depending on the circumstances, in accordance with the relevant laws, regulations or provisions of processing, Constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 15 in the case of judges and lawyers in the process of implementation in accordance with this regulation, discipline.
The people's court other staff and lawyer assistant personnel of discipline, by referring to the provisions of the relevant contents of the execution.
Article 16 the present provisions of the supreme people's court, the justice department is responsible for the explanation.
Article 17 the provisions published since the date of implementation. |