How much do you know about the "three provisions".
inappropriate contact and interaction
Xiaochang, can you help me inquire about the situation of the XX case?
Xiaochang, can you please help introduce a lawyer?
As a judicial worker, have you ever encountered these problems and requests from clients, lawyers, and persons with special relationships?
Xiaochang reminds you, don't worry, we have "three regulations" to protect yourself. We have to say, "No!" to all of these inappropriate contacts.
Today, let's Xi the relevant provisions on improper contact and interaction in the "Three Regulations".
01
What are the rules for inappropriate contact and interaction?
In September 2015, the Supreme People's Court and the Supreme People's Court jointly issued the Several Provisions on Further Regulating the Conduct of Judicial Personnel in Contacts and Interactions with Parties, Lawyers, Persons with Special Relationships, and Intermediary Organizations (hereinafter referred to as the "Provisions on Improper Contacts and Interactions") to regulate the external interactions of judicial personnel, prevent parties, lawyers, persons with special relationships, and intermediary organizations from interfering with or exerting influence on the handling of cases in an improper manner, protect the lawful rights and interests of the parties to the case, and safeguard social fairness and justice.
In September 2021, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Justice formulated and issued the "Opinions on Establishing and Improving Systems and Mechanisms for Prohibiting Improper Contact and Interaction between Judges, Procurators, and Lawyers" (hereinafter referred to as the "Opinions on Prohibiting Improper Contact and Communication"), which listed in detail seven types of improper contact and interaction in the form of a negative list. More detailed and operational provisions have been made for the interaction between procurators and lawyers, and a wall of separation has been erected to prevent judicial corruption.
02
Who is involved in inappropriate contact and social interactions?
The "Provisions on Improper Contact and Interaction" points out that the targets of improper contact and interaction include parties, lawyers, persons with special relationships, and intermediary organizations. The "Opinions on Prohibiting Improper Contact and Communication" clarifies the boundaries of procurators' interactions with lawyers, law firms, law firm consultants, and law firm administrators.
03
What kind of conduct is considered improper contact and interaction of judicial officers?
The "Provisions on Improper Contact and Interaction" strictly prohibit six types of improper contact and interaction between judicial personnel and parties, lawyers, persons with special relationships, and intermediary organizations:
(1) Leaking secrets of judicial organs' case-handling work or other circumstances that must not be disclosed in accordance with laws and regulations;
(2) Recommending or introducing agents ad litem or defenders to parties, or introducing cases to lawyers or intermediary organizations, requesting, suggesting, or suggesting that parties change lawyers who meet the requirements for representation;
(3) Accepting hospitality or gifts or other benefits from parties, lawyers, persons with special relationships, or intermediary organizations;
(4) Borrowing or renting housing, or borrowing means of transportation, means of communication, or other items from parties, lawyers, persons with special relationships, or intermediary organizations;
(5) Engaging in favoritism or malpractice in activities such as entrusted appraisals and auctions, maliciously colluding with relevant intermediary organizations and personnel, engaging in fraud, or operating in violation of regulations;
(6) Other improper contacts and interactions between judicial personnel and parties, lawyers, persons with special relationships, or intermediary organizations.
The "Prohibition of Inappropriate Contact and Interaction Opinions" clarifies seven prohibited situations:
(1) Privately contact the lawyer in the case they are undertaking the case. "In the course of handling a case, contact with the defense or representation lawyer in the non-workplace and during non-working hours without permission is not necessary for the handling of the case" is expressly prohibited.
(2) Privately providing assistance to lawyers in cases. It includes not only violations of discipline and law such as "prying into, interfering in, or meddling in cases being handled by other judges or procurators" and "leaking case facts or case-handling work secrets to lawyers", but also "trivial matters" such as "matchmaking" and "transferring materials", and it is also clear that it is not allowed to "issue all kinds of expert opinions related to the case for lawyers or law firms in violation of regulations".
(3) Introduce cases to lawyers in any form. Including recommending, introducing, requesting, suggesting, hinting, etc., to the client, as long as there is a possibility of introducing a case to the lawyer, it is strictly prohibited.
(4) Any form of transfer of benefits. In addition to obvious violations of discipline and law, such as accepting bribes, soliciting bribes, and inviting people to eat, "exchange of gifts" such as weddings and funerals, and borrowing and renting a lawyer's house, vehicle, or other items are also violations.
(5) Participating in activities organized by lawyers or law firms without authorization. Including lectures, seminars, seminars, trainings, forums, academic exchanges, opening ceremonies, legal consultations, etc.
(6) Engaging in profit-making activities for themselves, their relatives and their lawyers. Their spouses, children, and their spouses are not allowed to engage in business with lawyers, serve as "anonymous partners" in law firms, or engage in any form of "cooperation", "joint ventures", or "holding on behalf of others", or lend money to lawyers or law firms.
(7) Other improper conduct of contact and interaction that might impact judicial fairness and judicial authority.
04
How to report the situation of improper contact?
The Supreme People's Procuratorate has revised and improved the "Record Form for Major Matters such as Prying into, Interfering in, or Meddling in Procuratorial Case Handling" into the "Record Form for Prying Into, Interfering in, or Meddling in Procuratorial Case Handling and Other Major Matters and Related Contacts and Interactions".
05
How to report that it is necessary to have contact with parties, lawyers, persons with special relationships, or intermediary organizations during non-working hours due to the needs of handling cases?
In accordance with the relevant regulations, the approval procedures shall be completed and approved. Under normal circumstances, at least the approval of the leader of the unit in charge of the unit is required.
06
How can procurators who do not have comprehensive and truthful records be held accountable?
Where it is discovered that procuratorial personnel have not recorded or have not truthfully recorded them, they are to be given measures such as giving them a talk, criticizing and educating them, and ordering corrections in light of the circumstances; where there are two or more cases of not recording or not truthfully recording, disciplinary sanctions are to be given in accordance with the provisions of party discipline, government affairs, or procuratorial discipline according to the nature and degree of the case; and where violations of discipline and law are constituted, responsibility is to be pursued in accordance with discipline and law.
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