Vol. 2 -- Unhooking from the State: Chinese Lawyers in Transition

Vol. 2 -- Unhooking from the State: Chinese Lawyers in Transition

Bodies of Law and Regulations Cited
Beijing Municipal Methods for the Administration of Law Firm Advertising (Test
Version) (Beijing Shi Lüshi Shiwusuo Zhiye Guanggao Guanli Banfa [Shixing]),
promulgated July 1, 2000 and revised September 23, 2000 by the Beijing Lawyers
Association
Beijing Municipal Standards for the Professional Conduct of Lawyers (Test Version)
(Beijing Shi Lüshi Zhiye Guifan [Shixing]), promulgated July 2001 by the Beijing
Lawyers Association
Civil Procedure Law of the People's Republic of China (Zhonghua Renmin Gongheguo
Minshi Susong Fa), passed and effective April 9, 1991 during the Fourth Session
of the Seventh National People's Congress
Constitution of the People's Republic of China (Zhonghua Renmin Gongheguo Xian Fa),
passed and effective December 4, 1982 during the Fifth Session of the Standing
Committee of the Fifth National People's Congress, amended April 12, 1988
during the First Session of the Seventh National People's Congress, amended
March 29,1993 during the First Session of the Seventh National People's
Congress
Criminal and Civil Code of the Great Qing (Da Qing Xingshi Minshi Susong Fa), drafted
under the leadership of Shen Jiaben, passed in 1906
Criminal Law of the People's Republic of China (Zhonghua Renmin Gongheguo Xingshi
Fa), passed July 1, 1979 during the Second Session of the Standing Committee of
the Fifth National People's Congress, effective January 1, 1980, revised March 14,
1997 during the Fifth Session of the Standing Committee of the Eighth National
People's Congress, effective October 1, 1997
Criminal Procedure Law of the People's Republic of China (Zhonghua Renmin Gonghe
Guo Xingshi Susong Fa), passed March 17, 1996, effective January 1, 1997
Fee Standards for Lawyers (Lüshi Yewu Shoufei Biaozhun)," passed 1990 by the Ministry
of Justice, the Ministry of Finance, and the State Price Bureau
Judges Law of the People's Republic of China (Zhonghua Renmin Gongheguo Faguan
Fa), passed February 28, 1995 during the Twelfth Session of the Standing
Committee of the Eighth National People's Congress, revised June 30, 2001
during the Twenty-Second Session of Standing Committee of the Ninth National
People's Congress, revised edition effective January 1, 2002
Lawyers Law of the People's Republic of China (Zhonghua Renmin Gongheguo Lüshi
Fa), passed May 15, 1996 during the Nineteenth Session of the Standing
Committee of the Eighth National People's Congress, effective January 1, 1997
Methods for the Administration of Cooperative Law Firms (Hezuo Lüshi Shiwusuo
Guanli Banfa), October 25, 1996 promulgated by the Ministry of Justice, effective
January 1, 1997
Methods for the Administration of Law Firm Names (Lüshi Shiwusuo Mingcheng Guanli
Banfa), promulgated January 13, 1995 by the Ministry of Justice, effective May 1,
1995
497
498
Methods for the Administration of Law Firm Registration (Lüshi Shiwusuo Dengji Guanli
Banfa), promulgated October 25, 1996 by the Ministry of Justice, effective
January 1, 1997
Methods for the Administration of Lawyer Fees (Lüshi Fuwu Shoufei Guanli Banfa),
passed 1997 by the Ministry of Justice
Methods for the Administration of Lawyer Fees (Lüshi Yewu Shoufei Guanli Banfa),
passed 1990 by the Ministry of Justice, the Ministry of Finance, and the State
Price Bureau
Methods for the Administration of Lawyers' Use of Uniforms in Court Appearances
(Lüshi Chuting Fuzhuang Shiyong Guanli Banfa), passed March 30, 2002 during
the Twelfth Session of the Meeting of the Managing Directors of the All-China
Lawyers Association, effective January 1, 2003
Methods for the Administration of Partnership Law Firms (Hehuo Lüshi Shiwusuo
Guanli Banfa), promulgated October 25, 1996 by the Ministry of Justice, effective
January 1, 1997
Methods for the Administration of State-Funded Law Firms (Guojia Chuzi Sheli de Lüshi
Shiwusuo Guanli Banfa), promulgated October 25, 1996 by the Ministry of
Justice, effective January 1, 1997
Ministry of Justice Notice Regarding the Problem of Registering Specially-Invited
Lawyers (Sifabu Guanyu Teyao Lüshi Zhuce Wenti de Tongzhi), Notice No. 63,
issued by the Ministry of Justice, June 16, 1999
Notice Regarding Banning Black Lawyers and Their Litigation-Trickster Actions
(Guanyu Qudi Hei Lüshi Ji Songgun Shijian de Tongzhi), issued by the Ministry
of Justice, 1952
Notice Regarding Bringing into Full Play the Functions of Lawyers in the Struggle to
Vigorously Strike Counter-Revolutionary Rioters and Criminal Elements who
Attack, Smash, Steal, Burn, and Murder (Guanyu Zai Jianjue Daji Fangeming
Baoluanfenzi He Da, Za, Qiang, Shao, Sha Fanzui Fenzi de Douzheng Zhong
Chongfen Fahui Lüshi Zhineng Zuoyong de Tongzhi), promulgated June 19, 1989
by the Beijing Bureau of Justice
Notice Regarding Strengthening the Work of Lawyers During Activities to Strike Hard
Against Criminals (Guanyu Zai Yanli Daji Xingshi Fanzui Huodong Zhong
Jiaqiang Lüshi Gongzuo de Tongzhi), promulgated August 1983 by the Beijing
Bureau of Justice Document Number 63 (1983)
Plan Regarding Deepening the Reform of Lawyers' Work (Guanyu Shenhua Lüshi
Gongzuo Gaige de Fang'an], promulgated December 26, 1993 by the Ministry of
Justice
Procurators Law of the People's Republic of China (Zhonghua Renmin Gongheguo
Jianchaguan Fa), passed February 28, 1995 during the Twelfth Session of the
Standing Committee of the Eighth National People's Congress, revised June 30,
2001 during the Twenty-Second Session of Standing Committee of the Ninth
National People's Congress, revised edition effective January 1, 2002.
Provisional Regulations of the People's Courts on the Use of the Gavel (Renmin Fayuan
Fachui Shiyong Guiding), issued mid-January 2002 by the Supreme People's
Court, effective June 1, 2002
499
Provisional Regulations of the People's Republic of China on Lawyers (Zhonghua
Renmin Gongheguo Lüshi Zanxing Tiaoli), passed August 27, 1980 at the 15th
Meeting of the Standing Committee of the Fifth National People's Congress and
promulgated by Order No. 5 of the Standing Committee of the National People's
Congress
Provisional Regulations of the People's Republic of China on Lawyers (Zhonghua
Renmin Gongheguo Lüshi Zanxing Tiaoli), circulated August 27, 1980 at the 15th
Meeting of the Standing Committee of the Fifth National People's Congress and
promulgated by Order No. 5 of the Standing Committee of the National People's
Congress
Provisional Regulations on Lawyer Duties (Lüshi Zhiwu Shixing Tiaoli), promulgated
October 10, 1987 by the Ministry of Justice
Regulations on Lawyer Fees (Lüshi Shoufei Guiding), passed 1997 by the State Planning
Commission
Regulations on Public Security Administration and Punishment of the People's Republic
of China (Zhonghua Renmin Gongheguo Zhi'an Guanli Chufa Tiaoli), passed
September 5, 1986 at the 17th Meeting of the Standing Committee of the Sixth
National People's Congress and effective January 1, 1987; revised May 12, 1994
at the Seventh Meeting of the Standing Committee of the Eighth National
People's Congress
Shanghai Municipal Provisional Government Guidelines for Fee Standards for Lawyer
Services (Shanghai Shi Lüshi Fuwu Shoufei Zhengfu Zhidao Jia Biaozhun
[Zanding]), effective December 1, 2001
State Administration of Taxation Notice Regarding Strengthening the Levying and
Auditing of Personal Taxes of Investors in Law Firms and Other Intermediary
Organizations (Guojia Shuiwu Zongju Guanyu Qianghua Lüshi Shiwusuo Deng
Zhongjie Jigou Touzizhe Geren Suode Shui Chazhang Zhengshou de Tongzhi),
Notice No. 123, issued September 29, 2002 by the State Administration of
Taxation