Jilin Province, Jilin Province High Court and the Justice Department recently jointly issued a "civil norms of the law on the agents involved in litigation counsel to inform the activities", commissioned by the citizens as agents of defenders to participate in the proceedings to clarify the eligibility review, Also made it clear not to charge any of the reward principle. It is reported that the province is "black lawyers" is making a blow. (April 29, "Legal Daily") The author believes that such norms "citizens agent" is open to question.
First of all, provides that "citizens agent" subject to judicial review of administrative organs for no legal basis. According to the three Procedure Law, Civil permission by the People's Court, the parties to the defendant or the attorneys, agents participate in the proceedings, that not every citizen can arbitrarily be eligible to serve as counsel or agent, civic agent is conditional The only requirement is subject to the people's court permission. In judicial practice, the review focus on the people's court as counsel or agent of the status, rights, capabilities and personnel between the case and whether there is a need to evade the legal and other aspects of the case, did not need the intervention of the judicial administrative organs, the law has not Judicial and administrative authorities to intervene in the space and channels.
Second, provides that "citizens agent" shall not receive any remuneration, there is no legal basis, since China has no laws which prohibit citizens in paid legal services. In practice, the judiciary in general to the Ministry of Justice, the State Commerce and Industry, 1992 "on further strengthening the management of legal services related to the notice," said, clearly inside the "individual citizens will not be allowed to provide paid legal services to the community" and "not allowed to profit For the purpose of "principle. But the problem is that a piece of paper more than 10 years ago of regulatory documents, the legitimacy of its own, how can the legitimacy of the »
Furthermore, "to facilitate the proceedings, improve the efficiency of modern justice that the proper meaning, Jilin Province, the judiciary and the" notice ", requiring citizens of the defenders, representatives in the activities, and clients should be handled together to The people's court cases county seat of the judicial administrative organs to get registered and to submit or penalties, including the implementation of the law have not been deprived of, such as restriction of personal freedom that six of the materials, to obtain the "citizens commission proceedings as an agent, that advocates" , To the court procedures for civil agents. Despite all of these activities that are free of charge, but the tedious process of self-evident, depending on the efficiency of modern life, is extremely inconvenient, an increase of the parties V. tired, does not conform to the basic judicial proceedings economic principles.
In fact, through the strict restrictions on "citizens agent" to regulate the legal services market is a "deformity wisdom." On the one hand, "civil agent" of course, the legal services market is one of the reasons for confusion, but no matter where in that its impact is not justice and the legitimate rights and interests of the parties against the root causes. On the other hand, the agent for citizens to review and strict prohibition of paid services, and did not note that in the current socio-economic conditions under the rule of law, citizens paid agents still have a certain legitimacy, rationality and social public welfare, especially in the legal services lawyer Charges growing market, the high background, the agent for the citizens of low-income groups is a big rely on.
This shows that the citizens of the area of laissez-faire agent is not desirable, but indulge in "restricted" and "suppressing" is not a solution to the problem. The crux of the matter is that the existing legal framework to guide the rational, to the right track.
First of all, provides that "citizens agent" subject to judicial review of administrative organs for no legal basis. According to the three Procedure Law, Civil permission by the People's Court, the parties to the defendant or the attorneys, agents participate in the proceedings, that not every citizen can arbitrarily be eligible to serve as counsel or agent, civic agent is conditional The only requirement is subject to the people's court permission. In judicial practice, the review focus on the people's court as counsel or agent of the status, rights, capabilities and personnel between the case and whether there is a need to evade the legal and other aspects of the case, did not need the intervention of the judicial administrative organs, the law has not Judicial and administrative authorities to intervene in the space and channels.
Second, provides that "citizens agent" shall not receive any remuneration, there is no legal basis, since China has no laws which prohibit citizens in paid legal services. In practice, the judiciary in general to the Ministry of Justice, the State Commerce and Industry, 1992 "on further strengthening the management of legal services related to the notice," said, clearly inside the "individual citizens will not be allowed to provide paid legal services to the community" and "not allowed to profit For the purpose of "principle. But the problem is that a piece of paper more than 10 years ago of regulatory documents, the legitimacy of its own, how can the legitimacy of the »
Furthermore, "to facilitate the proceedings, improve the efficiency of modern justice that the proper meaning, Jilin Province, the judiciary and the" notice ", requiring citizens of the defenders, representatives in the activities, and clients should be handled together to The people's court cases county seat of the judicial administrative organs to get registered and to submit or penalties, including the implementation of the law have not been deprived of, such as restriction of personal freedom that six of the materials, to obtain the "citizens commission proceedings as an agent, that advocates" , To the court procedures for civil agents. Despite all of these activities that are free of charge, but the tedious process of self-evident, depending on the efficiency of modern life, is extremely inconvenient, an increase of the parties V. tired, does not conform to the basic judicial proceedings economic principles.
In fact, through the strict restrictions on "citizens agent" to regulate the legal services market is a "deformity wisdom." On the one hand, "civil agent" of course, the legal services market is one of the reasons for confusion, but no matter where in that its impact is not justice and the legitimate rights and interests of the parties against the root causes. On the other hand, the agent for citizens to review and strict prohibition of paid services, and did not note that in the current socio-economic conditions under the rule of law, citizens paid agents still have a certain legitimacy, rationality and social public welfare, especially in the legal services lawyer Charges growing market, the high background, the agent for the citizens of low-income groups is a big rely on.
This shows that the citizens of the area of laissez-faire agent is not desirable, but indulge in "restricted" and "suppressing" is not a solution to the problem. The crux of the matter is that the existing legal framework to guide the rational, to the right track.
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