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Notice on carrying out the annual inspection and evaluation of lawyers' practice in Nanning in 2018

Release time: 2019-04-01 08:25 source: Nanning Justice Bureau Nanning Bar Association

36 South Stone [2019] No. 36



About Launching Nanning Law Firm of the Year 2018

Notice of Annual Inspection and Assessment and Lawyer's Annual Assessment


County Judicial Bureaus, Law Firms, Legal Aid Centers, Public Lawyer Offices:

好南宁市2018年度律师事务所年度检查考核和律师执业年度考 核(以下简称年度考核)工作的有关事项通知如下: In order to conscientiously perform the statutory duties of judicial administrative organs and lawyers 'associations on the annual inspection and assessment of law firms, further strengthen the supervision of law firms' practice and management activities, and guide law firms and their lawyers to practice lawfully, honestly, and with due diligence. Law, the "Administrative Measures for Law Firms" and the "Measures for the Annual Inspection and Assessment of Law Firms" by the Ministry of Justice, the "All-China Lawyers' Annual Assessment Rules for Lawyers" and the "Guangxi Zhuang Autonomous Region Law Firms Annual Inspection and Assessment Implementation Rules" "Guangxi Zhuang Autonomous Region Laws and Regulations on the Annual Assessment of Lawyers' Practices, and implement the requirements of the Judicial Department of the Autonomous Region's "Notice on Carrying out the 2018 Law Firm and Lawyer Inspection and Assessment Work" (Gui Shitong [2019] No. 49) requirements, combined with the actual situation of our city The relevant matters regarding the annual inspection and assessment of the 2018 law firm in Nanning and the annual assessment of lawyers' practice (hereinafter referred to as the annual assessment) are hereby notified as follows:

I. Annual assessment objects

许可设立执业的市属律师事务所(含律师事务所分所、公职律师 办公室,下同)和批准执业的律师(含专职律师、兼职律师、公职律师、法律援助律师,下同)均应参加本次年度考核。 Before December 31, 2018, the municipal law firms (including law firm branches, public lawyers offices, and the same below) and the approved lawyers (including full-time lawyers and part-time lawyers) were established with the permission of the Judicial Department of Guangxi Zhuang Autonomous Region. , Public lawyers, legal aid lawyers, the same below) should all participate in this annual assessment.

Second, the annual assessment method

The annual assessment was carried out by a combination of online filing, written review and on-site inspection. The Nanning Judicial Bureau and the Nanning Bar Association have jointly formed an assessment working group to conduct an annual assessment of the city's law firms.

Third, the annual assessment content

The contents of the annual examination and assessment of the law firm shall be implemented in accordance with Articles 8 to 11 of the "Implementation Rules for the Annual Inspection and Evaluation of Law Firms of the Guangxi Zhuang Autonomous Region," and the contents of the annual assessment of the practice of lawyers shall be in accordance with the provisions of the "Guangxi Zhuang Autonomous Region Lawyers' Annual Assessment Measures" Article 8 is implemented. This year's key inspections and assessments include the following:

(1) Circumstances in which a law firm maintains statutory establishment conditions. 3 名派驻律师,是否及时办理《章程》、负责人、合伙人、住址、派驻律师等变更登记、备案手续等。 Whether to maintain the establishment conditions stipulated in the Lawyers Law and the Measures for the Management of Law Firms, whether there are three branch lawyers in the branch , and whether the procedures for registration and filing of changes to the Articles of Association, principals, partners, residential addresses, and assigned lawyers have been handled in a timely manner. Wait.

(2) Internal management of law firms. The establishment and implementation of the law firm's internal management system, the management of the employment of lawyers, the application of lawyers (practitioners), the management of lawyers in different places (attached), and the handling of complaints by law firms and lawyers. Focus on the performance of the law firm's director or management partner.

(3) Work on party building of lawyers. Study and implement the spirit of the 19th National Congress of the CPC and the 2nd and 3rd plenary sessions of the 19th Central Committee of the Chinese Communist Party. Advancement and implementation of the “one-shoulder”, “two-way entry, cross-serving”, and “two-way training” system and party secretary, party organization relationship transfer, “pocket party members” investigation, construction of party building venues, and party organization And the role of party member lawyers to develop the situation of new party members.

(4) Development of business activities. The law firm's handling of legal service business, handling major, sensitive, and group cases, especially cases involving black and evil, cult cases, serving as government legal advisers and village (community) legal advisers, participating in resolution and Acting for law-related complaints and complaints, and handling legal aid cases.

(5) Case management. Through the "China Judgment Document Network", randomly check the cases handled by the court, check whether the law firm accepts the entrustment, sign the written entrustment contract, collect the fees paid by the client, and keep and use the special documents and financial bills for lawyer services uniformly And file management.

(6) Organizing lawyers to participate in learning and training. The completion of continuing education and training of lawyers and the law firm's organization and study of lawyers' practice standards and relevant regulations of industry management.

Fourth, the annual assessment materials

1. Annual report of law firm (including branch office, public lawyer's office) (signed by the person in charge and stamped with the official seal). The annual practice report should comprehensively and objectively reflect the situation of the law firm's team building, internal management, party building work, business activities, complaints investigation and handling in 2018. The annual practice report of a law firm branch must be reviewed and approved by the head office.

(网上自动生成) 2. Law firm (including branch office, public lawyer's office) annual inspection and registration form (automatically generated online) .

(网上自动生成) 3. Lawyer's annual assessment registration form (automatically generated online) .

网上自动生成) 4. Lawyer's annual assessment summary form ( automatically generated online) .

5. Written commitments for hiring lawyers and assistants to handle social insurance such as pensions, unemployment, medical treatment, etc. The commitments must include the identity information of each person, the position in the office, the type of social security, and the start and end time of purchase;

6. Business operations in 2018 (receipt of registration, charge receipts, files, etc.).

.履行法律援助义务、参加社会服务及其他社会公益活动的情况说明,履行法律援助义务情况需列明办案人员姓名、办案起止时间和案件名称; 7. A description of the performance of legal aid obligations, participation in social services and other social public welfare activities. The performance of legal aid obligations must specify the name of the case handler, the start and end time of the case, and the name of the case;

.获得行政或行业表彰 奖励、受到行政处罚或行业处分、投诉处理等 情况的说明 8. Explanations of receiving administrative or industry commendation awards, receiving administrative penalties or industry sanctions, and handling complaints ;

兼职律师及公职律师由所在单位出具允许其兼职从事律师职业、同意参加年度考核的证明。 9. Part-time lawyers and public lawyers shall be issued a certificate by their unit that allows them to engage in the profession of lawyers on a part-time basis and agree to participate in the annual assessment. ; (The official seal of the legal person or the official seal of the personnel department of the unit) ;

律师事务所执业许可证副本复印件(提供原件核对) ; 10. Copy of the copy of the law firm's practice license (provide original verification) ;

1 .考核工作组根据需要要求提交的其他材料。 1 1. Other materials required by the assessment working group as required.

材料(原件)进行审核;其他材料由考核工作组现场查验。 Each lawyer's affairs needs to submit the above-mentioned items 1, 2, 3, 4, 5, 7, 8, 9, and 10 (original) for review; other materials will be checked on-site by the assessment working group.

The Public Lawyer's Office provided the above-mentioned materials 1, 2, 3, 4, and 9.

Legal aid lawyers provided materials 3 and 4 above.

Of the above materials, except for item 4, you need to submit in duplicate, and other materials only need to be submitted in duplicate. The written materials of items 1, 2, 3, 4, 5, 7, 8, 9, and 10 should be bound in order and stamped with the law firm's official seal, and then submitted to the assessment working group for written review. Separate submissions.

V. Assessment Grades and Standards

(I) Law firm's annual inspection and assessment grades and standards

合格 不合格 两个等次,等次评定标准按照《广西壮族自治区律师事务所年度检查考核实施细则》第十二、十三、十四、二十二条的规定办理。 The results of the law firm's annual inspection and assessment are divided into two grades: qualified and unqualified . The graded assessment standards are in accordance with the Detailed Rules for the Implementation of the Annual Inspection and Assessment of Law Firms in Guangxi Zhuang Autonomous Region. Handle the provisions of Article 22.

(II) Grades and standards for annual assessment of lawyers' practice

称职 基本称职 不称职 三个等次,等次评定标准按照《广西壮族自治区律师执业年度考核办法》第十、十一、十二、十三条的规定办理。 The results of the annual assessment of lawyers 'practice are divided into three grades : " competent " , " basic competence " and " incompetence " . The assessment criteria for grades are in accordance with the tenth, eleventh, twelfth, and tenth of the "Guangxi Zhuang Autonomous Region Lawyers' Annual Assessment Measures" Three provisions.

6. Annual assessment time and procedures

The annual assessment was conducted in accordance with the law firm's procedures for the assessment of lawyers, the preliminary review of the county (district) judicial bureau, the assessment (recording) of the municipal judicial bureau and the bar association, the supervision and supervision of the autonomous region's judicial department and the Guangxi bar association.

(I) Online filing, self-evaluation and preliminary examination of law firms (before March 31)

http://mc.gxlawyer.org.cn/login.jsp ,以下简称“网上”)填写《律师执业年度考核登记表》,报所在的律师事务所。 1. Lawyers should summarize their practice activities in 2018 according to the assessment content, and fill in the Guangxi Lawyer Network Management Platform ( http://mc.gxlawyer.org.cn/login.jsp , hereinafter referred to as "online") as required. "Registration Form for Annual Evaluation of Lawyer Practice" reported to the law firm where it is located.

2. According to the requirements of this "Notice", the law firm will organize an annual assessment work meeting to listen to the lawyer's job description and conduct a review. Based on the review, the lawyer's assessment level will be determined online, and the company will publicize it within 7 days.

3. The county (district) law firm shall first report to the competent county (district) judicial bureau for preliminary review on the basis of self-assessment, and the county (district) judicial bureau shall issue a preliminary review opinion after conducting a combination of written and on-site examinations.

4. The city's law firm shall complete the reporting, summarizing, collating, and assessing the relevant materials for the annual examination of the lawyers of the firm and the annual examination and assessment of the firm by March 31, 2019.

(II) Written review stage of the Municipal Judicial Bureau and Bar Association (April 1 to April 12)

After completing the online form reporting and assessment, each law firm submitted the paper materials required by the law firm and the lawyer for the annual inspection and assessment to the annual assessment working group for written review.

The annual inspection and assessment of the law firm by the Nanning Judicial Bureau is combined with the annual practice assessment of lawyers by the Nanning Bar Association. The annual assessment working group office address: Nanning Bar Association (Guangxi Economic Management Cadre, 105 University East Road, Nanning City) College Comprehensive Training Building, 12th floor).

(3) On-site inspection and assessment stage (April 1 to April 26)

The Nanning Judicial Bureau and Nanning Bar Association established an assessment working group to conduct on-site inspections and assessments at law firms. The specific staff and time schedule of the assessment working group will be notified separately. On-the-spot inspection and assessment contents: the law firm maintains the statutory establishment conditions; the law firm's management of the employment of lawyers and lawyers (interns); the director's or management partner's performance of the law firm's party building work ( Including cooperating with the two new organizations 'party building instructors to carry out their work, "pocket party members" to investigate the situation, the construction of party building activities and the role of party organizations and party members' lawyers, etc.); law firms organize lawyers to serve as government legal advisers and villages (communities) Legal advisors; law firms handling cases involving blacks and evils, cult cases, participation in the resolution and representation of law-related complaints and complaints; law firm case management (including unified acceptance of commissions, unified signing of written commission contracts, and uniform collection The fees paid by the client, the uniform storage and use of special documents for lawyer services, financial bills, business file management, etc.); law firms organize lawyers to participate in political studies, business studies, and other aspects.

(IV) Publicity stage (April 27 to May 3)

The Nanning Judicial Bureau and the Nanning Bar Association publish the annual assessment results of law firms and lawyers on the website of the Bar Association. The period of publicity is 7 days.

(5) Recording stage of judicial administrative organs (May 6-10)

律师事务所年度检查考核 专用章和 律师年度考核备案 专用章。 1. After the expiry of the publicity period, the law firm will appoint a person to bring the two original “Law Firm Licenses (Copy)” and the original “Law Practice Licenses” of all the practicing lawyers of the firm to the Nanning Judicial Bureau with the stamp Special stamps for the annual inspection and review of law firms and special stamps for the annual filing of lawyers .

2. From January 1 to April 30, 2019, law firms and lawyers licensed to practice by the Judicial Department of the Autonomous Region will not participate in this annual assessment, but they should submit the "Law Firm License" and "Law Practice License" to Nanning The Municipal Judicial Bureau affixed the special stamp of "Law Firm Annual Assessment" or "Lawyer Annual Assessment Record" special stamp, and marked "new establishment" or "new practice" in the "assessment result" column.

Dealing with relevant issues in annual assessment

(1) Annual assessment of lawyers who change their practice institutions

1. Lawyers who have changed their practice institution during the assessment year will be assessed at the current practice institution. The practice before the transfer will be provided by the original practice institution to the current practice institution.

2. During the annual assessment period (March-May 2019), practicing lawyers should try not to go through transfer formalities. The lawyers who really need to apply for a transfer office, please ask the original practice institution to timely report to the affiliated bar association to complete the change of the transfer office information online, and the original practice institution will issue the current practice period of the transferred lawyer to the current practice institution. Last year's assessment of transfer lawyers was completed online.

(2) Treatment of not participating in the annual assessment

1. If a law firm fails to accept the annual inspection and assessment in accordance with the regulations, the Nanning Judicial Bureau will announce that it will accept the annual inspection and assessment within a time limit; if it fails to accept the annual inspection and assessment within the time limit, it shall be deemed to be suspended and the practice shall be taken back by the Nanning Judicial Bureau The license shall be reported to the Judicial Department of the Autonomous Region for cancellation procedures in accordance with the cancellation procedure of the administrative license.

不称职 的考核结果。 2. Lawyers who fail to participate in the annual practice assessment as required, the law firm shall truthfully report to the Nanning Lawyers Association and be ordered by the Nanning Lawyers Association to participate in the annual practice assessment within a time limit; Issue " incompetent " assessment results.

(3) Handling of problems found

不合格 的,应严格按照《律师事务所年度检查考核办法》第二十五条的规定处理。 1. Law firms that have been assessed as " unqualified " after annual inspections shall be dealt with in strict accordance with Article 25 of the "Law Firms Annual Inspection and Assessment Measures."

考核工作组在年度检查考核期间,发现律师事务所未及时办理变更登记或备案手续的,应当责令其先办理变更登记或备案手续,然后再参加年度检查考核;发现律师事务所不能保持法定设立条件的,应当责令其限期整改,整改合格后再进行年度检查考核;经整改仍不符合法定设立条件的,应当终止,并按程序逐级上报自治区司法厅办理注销手续。 2. During the annual inspection and assessment, the assessment working group found that the law firm failed to complete the change registration or filing formalities in a timely manner, and it should be ordered to go through the change registration or filing formalities before participating in the annual inspection and assessment; it was found that the law firm could not maintain legality Where conditions are established, they shall be ordered to make corrections within a time limit, and annual inspections shall be conducted after the rectifications are qualified; if the rectifications still do not meet the statutory establishment conditions, they shall be terminated and reported to the Judicial Department of the Autonomous Region step by step for cancellation procedures.

律师经年度考核被评定为“不称职”的,应严格按照《律师执业年度考核办法》第二十二条的规定处理。 3. Lawyers who are assessed as "incompetent" after annual assessment shall be dealt with in strict accordance with the provisions of Article 22 of the "Measures for the Annual Assessment of Lawyers' Practice".

Work requirements

(1) Leaders attach great importance to strict discipline and carry out annual inspections and assessments in accordance with laws and regulations. Judicial administrative organs at all levels and municipal lawyers associations should attach great importance to it, organize it carefully, and evaluate the assessment of law firms and lawyers in accordance with the content, standards, and procedures in accordance with the principles of openness, fairness, and justice. Judicial and administrative organs at all levels and the Municipal Bar Association must be strict in discipline, clean and self-disciplined, and carry out annual activities in strict accordance with relevant laws, regulations, and industry regulations such as the Lawyers Law, the Lawyers 'Annual Inspection and Evaluation Measures, and the Lawyers' Annual Assessment Methods. Inspection and assessment work to ensure the smooth progress of the annual inspection and assessment work. No organization or individual is allowed to falsify, engage in malpractices for personal gain, or interfere with the normal conduct of annual inspections and assessments.

(2) Promote standardized management of law firms in conjunction with annual assessment work. Each law firm shall conduct a comprehensive and serious inspection of the practice activities and daily management of law firms and lawyers in conjunction with the annual assessment, establish and improve internal management rules and regulations, and strengthen the self-discipline management of law firms. Judicial administrative organs at all levels and the Municipal Lawyers Association must point out and order rectification when problems are found in law firms and lawyers during the inspection.

(3) Report relevant information in a timely and accurate manner. All law firms must attach great importance to earnestly filling in the relevant information of the law firm's annual inspections and assessments of lawyers' practice and assigning special persons to be responsible for reporting relevant materials and information in strict accordance with the schedule of each stage of the annual assessments to ensure that the reported information is timely , True and accurate, many reports, no omissions, good reports.

(4) The Municipal Legal Aid Center is responsible for informing and urging the legal aid centers of all counties and districts to do a good job in the annual evaluation of legal aid lawyers.

(5) The municipal public lawyers 'offices are responsible for the annual assessment of public lawyers' practice.

For problems encountered during the annual assessment, please contact the Lawyer Management Section of the Nanning Judicial Bureau (Contact: He Ping 3389112, He Yanni 3860025) or the Secretariat of the Nanning Bar Association (Contact: Liang Lidan 2410916, Wang Sheng 2410910, Lu Hui 2410557 ).


Attachment: 2018 Guangxi Law Firm's Annual Inspection and Assessment and Lawyer Practice Assessment Online Reporting Instructions




Nanning Judicial Bureau Nanning Bar Association

9 年3月 2 1 201 March 21 , 9

Organizer: Nanning Justice Bureau

Postcode: 530028 E-mail: sifainfo@paketwisatadijogja.com Phone: 0771-3860032

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