China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Issues New Rules on Conduct for the Legal Profession

Mon, 06 Dec 2021
Categories: China Legal Trends

China has set out to further restrict improper interactions between prosecutors or judges and lawyers to ensure judicial integrity.

On 2 Nov. 2021, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Justice jointly issued the “Opinions on Establishing a Sound Institutional Mechanism for to Prohibit Improper Contact and Interaction Among Judges, Prosecutors and Lawyers” (hereinafter “the Opinions”, 关于建立禁止法官、检察官与律师不正当接触交往制度机制的意见) and the “Opinions on Regulating the Post-Government Employment” (hereinafter “the Opinions on PGE”, 规范离任人员从业意见).

The Opinions details seven types of improper contact and interaction in a negative list, including having contact with lawyers outside of workplaces and work times, interfering or intervening in ongoing cases, introducing cases to lawyers, soliciting or accepting bribes, having improper interactions, engaging in for-profit activities through cooperation, etc.

The Opinions on PGE makes it clear that staff of people’s courts and people’s procuratorates who have been dismissed from public office shall not engage in any work in law firms; staff of people’s courts and people’s procuratorates at all levels who have left the office voluntarily shall not act as a lawyer to represent or defend in two years.

Our previous post, "What's Next After Exodus of Chinese Judges and Prosecutors?", has addressed the fact that some judges and prosecutors have left their positions to pursue careers as lawyers. The public is concerned that this may damage judicial justice.

These two Opinions were issued in response to tackling this problem.

 
 

Cover Photo by Jeremy Cai on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.