Speech by Comrade Wang Guangren at the City's Lawyer Work Conference

Comrades:
Just after the 13th Municipal People's Congress and the 11th CPPCC meeting were successfully held, the Municipal Judicial Bureau and the Municipal Lawyers Association held this city-wide lawyer work conference, mainly based on the spirit of the 16th National Congress of the Party and the important thinking of the "Three Represents". As a guide, summarize the work and team building of lawyers in the city last year, and deploy the tasks of lawyers this year. It is the first time in recent years to hold such a wide range and large number of lawyers in the city. This fully reflects the great importance and strong support of the Party group of the Municipal Bureau of justice for the work of lawyers, and also reflects the determination of the Municipal Bureau to deepen the reform of lawyer work and strengthen the management and team building of lawyers.
Next, I am entrusted by the Municipal Bureau of Justice and the Council of the Municipal Lawyers Association to summarize the work of lawyers in 2002 and assign the task of developing the lawyer industry in 2003.
Review of Lawyers' Work in 1. in 2002
In 2002, under the correct leadership of the Party group of the Municipal Bureau, under the guidance of Deng Xiaoping theory and the important thought of "Three Represents", the city's lawyer work conscientiously implemented the spirit of the 16th National Congress of the Communist Party of China, and made great efforts to explore new ways for the reform and development of Jinan's lawyer industry.
First, the ranks of lawyers continue to grow. By the end of 2002, there were 56 law firms of various types in the city, including 6 state-owned capital firms, 23 cooperative firms and 26 partnership firms. The number of practicing lawyers has grown to 677, an increase of 10 per cent over 2001. Among them, there are 616 full-time lawyers, 61 part-time lawyers and 71 new interns. In accordance with the requirements of socialized, market-oriented, and international intermediary agencies, lawyers vigorously implement the development strategy of "brand" and "famous brand" to guide law firms to develop in the direction of standardization, specialization and scale. With the characteristics of the professional reached 8. Shandong Zhongcheng Renhe Law Firm and Shandong Kechuang Law Firm were awarded the title of provincial civilized law firm by the provincial department. So far, the city has a total of 14 provincial and municipal civilized law firms. While developing the team of lawyers, we have paid attention to the organizational construction of the party. At present, there are 187 party members among the practicing lawyers in the city, accounting for 29.7 of the total number of lawyers. 21 law firms have set up party branches, accounting for 38% of the total number of law firms. The team of party members has played a vanguard and exemplary role and a fighting fortress in the development of the lawyer industry in our city.
At the same time, the supervision of law firms and lawyers' practice has been strengthened. In 2002, the annual inspection and registration were reported to the ministries and agencies for the cancellation of a law firm. Two law firms with chaotic management and prominent conflicts between partners and partners were given a reprieve. Three lawyers who had violated discipline were notified and criticized. Two lawyers were given the penalty of revoking their practice certificates for one year and one intern was extended for one year, thus promoting the standardization of the legal service market.
Second, the overall quality of lawyers continues to improve. In view of the problems existing in the practice of lawyers in our city, the party group of the Municipal Bureau of Justice decided that from October 26 to December 26, 2002, it took the lead in carrying out the centralized education activities of lawyers' integrity practice with the main contents of "loyalty to the law, safeguarding justice, honesty and trustworthiness, diligence and due diligence, fair competition and strict self-discipline. With the goal of "building a credit law firm and being an honest lawyer", this activity focuses on solving the outstanding problems in the practice of lawyers, such as the one-sided pursuit of economic benefits, the anomie of the internal management of law firms, the failure to implement rules and regulations, and the unfair competition. All 677 lawyers from 55 law firms in the city were inspected and accepted, so that the centralized integrity education activities have achieved initial results. The Provincial Department of Justice will promote the experience of honesty education in our city throughout the province.
The Municipal Bureau and the Municipal Lawyers Association attach great importance to the improvement of the professional quality of lawyers. Last year, they and the Law School of Shandong University jointly organized online education for the promotion of law majors, which further strengthened the training of continuing education for practicing lawyers. At the same time, they have increased the training and study of WTO, intellectual property, international economy and trade and other related businesses, and a large number of lawyers have achieved academic qualifications and knowledge updates. At present, 76 lawyers in the city have master's and double bachelor's degrees, accounting for 11%, and 48% have bachelor's degrees.
Third, the business and economic benefits of lawyers have grown substantially, and the field of services has continued to expand. According to the statistics of lawyer work in 2002, the business volume of lawyers in our city has increased significantly. First, 75184 legal affairs were handled throughout the year, an increase of 10% over last year. Second, business charges reached 58.61 million yuan, up 25% from last year. Third, the number of non-litigation cases reached 1386, an increase of 8% over last year. The proportion of new business areas increased. For example, foreign-related business increased by 7.8 over the same period last year, and financial, securities, corporate restructuring, real estate, intellectual property and other businesses increased significantly over the same period last year. While focusing on economic benefits, social benefits have been highlighted. Public welfare activities have increased significantly over last year, and legal aid cases have increased by 13% over the same period last year.
Fourth, the "two-in-one" lawyer management system has been implemented. The third lawyers' Congress of the whole city held in August last year reformed the leadership system and personnel system of the Lawyers Association, elected the leading group of the Lawyers Association and the Council of the Lawyers Association, all composed of practicing lawyers, and took the lead in implementing the organic combination of administrative management and industry management in the whole province. The Party Committee and the Discipline Inspection Committee of the Bar Association have been established, the internal working body of the Bar Association has been established, four special committees and seven professional committees have been set up, and the work responsibilities of the Bar Association have been clarified, A series of lawyer management norms and conduct rules have been formulated, such as the measures for disciplinary action of lawyers (for Trial Implementation), the measures for education and training of lawyers (for Trial Implementation), the code of conduct for lawyers to practice in good faith, and the measures for the management of membership fees of the Law Association (Draft), so as to strengthen the standardized management of lawyers' practice activities. In addition, new breakthroughs have been made in safeguarding the legitimate rights and interests of lawyers, conducting business training and academic exchanges.
Fifth, attach importance to theoretical research and establish a good social image of lawyers. In 2002, the city's lawyer business theory seminar received a total of 289 papers, including 21 first prize, 32 second prize and 54 third prize. 6 law firms won the organization award. Among the papers participating in the province's lawyer business theory seminar, our city won 1 first prize, 5 second prize and 5 third prize, and won the organization unit award. In the 2002 appraisal of civilized law firms, "Top Ten" lawyers and outstanding lawyers in the city, 14 civilized law firms, "Top Ten" lawyers and 35 outstanding lawyers were selected. Last year, the Municipal Lawyers Association also held a city-wide lawyer Go selection competition, and formed a team to participate in the 5th National Lawyers Go Competition; held a city-wide lawyer WTO business knowledge lecture; city-wide law firm accounting staff training class; organized and participated in Shanghai "The Second China Lawyers Forum" and "The First Beijing Lawyers Forum"; printed and issued publications such as "Lawyers Must Read" and "Lawyers Work Briefing; completed the 2002" Lawyers Walk with You "radio special program; Updated the homepage of" Jinan Lawyers Network "; Lawyers in the city actively participated in the" Charity Day Donation "activity. It has further strengthened the cohesion of lawyers in the city, cultivated a healthy and progressive industry atmosphere of lawyers, improved the social reputation of lawyers, and established a good social image of lawyers.
While fully affirming the achievements of lawyers' work, we must also clearly see that with the advancement and development of lawyers' work, the continuous deepening of reforms, and the transformation of old and new management systems, the city's lawyers industry has many problems and weak links regardless of the ideology of the staff. Concept, service concept, comprehensive quality, or the development scale, mechanism, and professional level of law firms, compared with the advanced areas of lawyer work, there is a big gap, and it is not compatible with the status of provincial capitals and the requirements of WTO accession. Mainly in the following aspects. First, the ideology is outdated and the sense of innovation is insufficient. Some lawyers neither study political theory nor delve into professional knowledge, and are obsessed with "public relations", eat their old money, and work perfunctorily; some law firms are satisfied with outdated and backward management methods and lack innovative development. Second, the construction of the lawyer team needs to be strengthened urgently. A small number of lawyers do not have correct thinking in practice, do not have a strong sense of social responsibility, unilaterally pursue economic benefits, and violate professional ethics and discipline. Some in order to win the lawsuit, build relationships, find ways, in order to make money and unscrupulous means; some use the means of paying introduction fees, consulting fees, kickbacks, commissions and other means to engage in unfair competition, and some lawyers make random wishes in the lawsuit, and fail to fulfill their duties after receiving the case, which seriously affects the reputation of the lawyer team. Third, the scale of law firms is not high. At present, there are only 5 law firms with more than 20 people in our city, and some have only two or three lawyers. They have not developed for a long time. Individual law firms have loose management. They handle their own cases, collect their own money and pay their own fees. Law firms only charge "head" fees, lacking daily management and supervision of lawyers. Fourth, the management of lawyers is still a weak link, and the construction of management system, mechanism and system needs to be strengthened urgently. Therefore, only by deepening reform and strengthening management can we effectively solve these problems, create a strong "brand" in our city, and create a new image of Jinan lawyers.
2. recognize the situation, seize the opportunity, and earnestly complete the tasks of lawyer work in 2003.
In 2003, lawyers in the city should be guided by Deng Xiaoping Theory and the important thinking of the "Three Represents", thoroughly implement the spirit of the 16th National Congress of the Communist Party of China and the upcoming 10th National People's Congress, continue to deepen the reform of lawyers' work, keep pace with the times, pioneer and innovate, take service and integrity as the theme, development as the main line, supervision as the guarantee, continuously expand the field of legal services, and improve service quality, work hard to improve the quality of the team, strengthen management efficiency and improve the level of competition, and strive to create a new situation in lawyer reform, team building and business development, and provide high-quality and efficient legal services for the city's economic construction and social stability.
First, effectively strengthen the construction of lawyers. To enhance the competitiveness of lawyers in our city, we must be determined to build a team of lawyers with excellent professional knowledge and high comprehensive quality.
One is to strengthen the political consciousness of lawyers. It is necessary to put the ideological and political construction of lawyers in the first place, constantly grasp the political education of lawyers, arm the minds of lawyers with Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, and guide professional work. At present, it is particularly necessary to educate and guide lawyers to seriously study and implement the spirit of the 16th CPC National Congress and the upcoming 10th National People's Congress, and strive to practice the important thought of "Three Represents. The "four new" requirements put forward by the 16th National Congress of the Communist Party of China that "development must have new ideas, reform must have new breakthroughs, opening up must have new prospects, and all tasks must have new measures" are implemented in the work of lawyers. every lawyer must have firm ideals and convictions and a political stand. In particular, in representing major cases and foreign-related legal affairs, we must put the interests of the state and the people first, consciously safeguard national security and maintain social stability.
The second is to strengthen the party building of the lawyer team and ensure the party's leadership over the work of lawyers. Under the leadership of the Party committee of the Municipal Lawyers Association, the Party branch of each law firm should give full play to the vanguard and exemplary role of Party members in the lawyer team. It is necessary to strengthen the construction of the party branch team of law firms, establish and improve various rules and regulations, and give full play to the role of the party organization as a fighting fortress. we should attach importance to and strengthen the work of recruiting new party members. We should actively explore effective ways to strengthen ideological and political work under the new situation, carry out ideological education activities in various forms in depth, and constantly improve the political and ideological level, purpose concept and service consciousness of the lawyer team.
The third is to strengthen the construction of the lawyer's integrity system and maintain a good social image of the lawyer team. It is necessary to continue to carry out in-depth lawyer integrity practice education, fully implement the "Jinan City Lawyers' Integrity Practice Code of Conduct", and adhere to integrity education as a system for a long time. We will further improve the mechanisms for lawyers' complaint management, investigation, evidence collection, and punishment procedures, and seriously investigate and deal with law firms and lawyers who violate discipline. Promote a system of openness in the practice of lawyers, and disclose to the public the contents of lawyers' fees, professional ethics, practice procedures and standards, and place them under the supervision of the whole society and the parties. This year, we will focus on standardizing the unified case acceptance, filing and filing system, strengthening the management of case files, and gradually improving the supervision system for lawyers' practice. With service and integrity as the theme, we should vigorously strengthen the construction of lawyer integrity system, establish the integrity registration and disclosure system of law firms and practicing lawyers, formulate and improve the system of entrusted agency, practice conflict of interest review, service quality tracking and feedback, improve the service level of lawyers with integrity, and win social reputation with quality, We should establish and carry forward the concept of "honesty, integrity, justice and service, continuously improve the social credibility of Jinan lawyers.
The fourth is to strengthen the education of lawyers and other forms of continuing education. It is necessary to continue to do a good job in the distance network education jointly organized with the Law School of Shandong University, strengthen the inspection and supervision of the social learning situation, ensure the quality of learning, and strive to complete the national education series of undergraduate courses stipulated by Shandong University by 2005. At the same time, we will further improve the training system for lawyers. Starting from this year, we will draw 5% of the lawyer's membership fee as a lawyer training student fund to subsidize outstanding young lawyers for further study. Use seminars, lectures and other forms to promote the renewal of the knowledge structure of lawyers. Emphasis should be placed on training high-quality lawyers who can skillfully apply WTO rules and are capable of undertaking foreign-related businesses, so as to meet the needs of WTO accession for legal services.
second, we should further strengthen the work of managing lawyers. One is to reform and improve the system of interns and close the entrance of good lawyers. Strict education, training and management of interns. In the future, applicants for lawyer practice must complete a one-year internship and training in a law firm with good practice discipline, professional level and internal management. It is necessary to unify the content, standards and requirements of learning, pay equal attention to knowledge testing and practical training, ideological and moral education and professional ability training, and strengthen the conduct review of applicants for lawyers, and take the evaluation of moral behavior as a substantive element for entering the lawyer industry.
The second is to constantly open up new business areas. In accordance with the requirements of the 16th National Congress of the Communist Party of China to broaden and standardize legal services, actively carry out legal aid, guide and support the development of "brand" strong offices, and promote the development of law firms in the direction of scale, specialization and standardization. On the one hand, it is necessary to support and train 1 to 2 high-level, large-scale, and comprehensive law firms with more than 40 people. 20% of law firms must have professional characteristics and guide the rational flow of lawyers with professional expertise; On the one hand, actively guide lawyers to open up new business markets, focusing on real estate, intellectual property, maritime and maritime business, corporate restructuring, financial securities, foreign investment and other business fields, support lawyers with the above professional expertise to set up specialized offices. Focus on developing the business market in the field of non-litigation, and strive to increase non-litigation cases by 15% and economic benefits by 30% during the year.
Third, the establishment of lawyer compensation and liability insurance system. In order to prevent and reduce the risk of lawyers' practice and maintain the reputation of the lawyer industry, the municipal law association will contact and coordinate with insurance companies to establish and improve the Jinan lawyer's practice liability compensation insurance system as soon as possible. In the future, all kinds of appraisal and annual inspection registration of law firms should take the establishment and implementation of the liability insurance system as an important part of the assessment and evaluation and excellence.
Fourth, actively explore the system of corporate lawyers and public lawyers. It is planned to demonstrate and explore the establishment of a corporate lawyer system at an appropriate time this year, actively and steadily carry out a pilot reform of the corporate lawyer system, and explore the feasibility of public lawyers. By exploring the corporate lawyer system, we can meet the multi-level and multi-faceted needs of the city's economic and social and political life for legal services to the greatest extent.
Fifth, intensify the efforts to clean up and rectify the legal service market, establish a standardized legal service work order, and create a good practice environment for lawyers. This year, starting from the lawyer industry itself, we will take the lead in rectifying and standardizing the service order, and strive to realize the integration of service functions, management responsibilities and team building. The focus is to regulate the advertising and publicity of law firms in accordance with the law, prohibit unfair competition in the lawyer profession, crack down on illegal practice by posing as lawyers, and ensure that lawyers conduct business cooperation and competition on a just and fair basis.
Sixth, to achieve scientific, standardized and efficient management of lawyers. We will rely on the "Jinan lawyer website", in the establishment of law firms and lawyers on the basis of personal data files, the establishment of Jinan lawyer business management network system, through scientific and technological management means, improve management efficiency and management level, the relevant documents, notices, reports and information exchange, start the computer network system for transmission and reporting, and promote the network of lawyer management.
Third, it is necessary to further deepen the reform of the lawyer management system and summarize the experience of the "two-in-one" management system. It is necessary to strengthen the construction of bar associations, give full play to the functions of bar associations, and truly reflect the functions of bar associations in management and service. This is an important and urgent task for deepening the reform of the lawyer management system, further improving the "two-combination" management system, and realizing the innovation of the lawyer management system. First of all, it is necessary to further rationalize the division of functions between judicial administrative organs and bar associations. The focus of the judicial administrative organs is to strengthen the macro-management functions, mainly responsible for access, guidance, coordination and guidance, supervision and annual inspection and registration. The Bar Association should strengthen self-reliance, assume the responsibility of industry self-discipline management as soon as possible, do a good job in the formulation of industry norms and systems, the continuing education of lawyers, the protection of lawyers' rights, the investigation and punishment of law firms and lawyers in violation of discipline and regulations, and carry out academic and business exchanges and cooperation. Secondly, the judicial administrative organs between the lawyer management department and the Bar Association to establish a regular meeting work collaboration system. Jointly study the deployment work and report the situation in a timely manner. Before the lawyers association issues major industry management decisions, it should consult the judicial administrative agency. The judicial administrative agency should send someone to participate in the relevant meetings of the lawyers association. Before passing major resolutions, it must first report to the judicial administrative agency. Solicit the opinions of the judicial administrative agency.
Third, it is necessary to reform the collection and management of lawyers' dues. The collection and use of membership fees should implement the principle of "taking them appropriately and using them properly", and increase investment in the training of talents, recognition of advanced, lawyer management and the construction of lawyers associations. It is necessary to strengthen the management and supervision of membership fees in accordance with the provisions of the State Council on the financial management of associations.
Fourth, actively advocate the construction of lawyer culture and pay attention to the cultivation of new models of the lawyer team. Maintain a healthy and progressive industry ethos for the lawyers. It is necessary to fully understand the characteristics and functions of the construction of lawyer culture, conduct in-depth research on lawyer culture, and organize various effective cultural activities. It is necessary to strengthen the renewal of lawyers' professional knowledge, continuously carry out theoretical seminars on lawyers' business, create a good learning atmosphere in the lawyer team, create a learning law firm, and improve the professional quality of lawyers. It is necessary to correctly guide lawyers to actively participate in healthy and progressive public welfare activities and cultural, sports and entertainment activities, so that the team of lawyers can form a good atmosphere of selfless dedication, friendship and mutual assistance, and work hard, create a harmonious interpersonal atmosphere, and cultivate lawyers' moral sentiment. In the future, the construction of lawyer culture should be taken as a necessary condition for the selection of civilized law firms. We should constantly adapt to the requirements of the new situation, explore the characteristics and laws of the construction of lawyer culture, and improve the level of lawyer culture construction. It is necessary to do a good job in the training of typical lawyers, be good at discovering new models in the lawyer team, standardize the practice of lawyers with advanced models, promote righteousness, and strive to reach 3 provincial-level civilized law firms within this year, and promote the city with the activity of striving for excellence The healthy development of the lawyer team.
Comrades:
This year is the first year of conscientiously studying and implementing the spirit of the 16th CPC National Congress and entering the new journey of building a well-off society in an all-round way. The good situation has brought unprecedented opportunities for our lawyers to expand the space for legal services and develop their careers. In the face of the fierce competition in the legal service market, our team building and professional quality of many do not adapt, but also make us Jinan lawyers face severe challenges and tests. We must invigorate the revolutionary spirit, comply with the requirements of the times, take the expansion of legal services as the focus of development, standardize legal services as the guarantee of development, and strive to create a new situation in the work of lawyers in our city. to provide high-quality and efficient legal services for building a well-off society in an all-round way, and make greater contributions to economic construction, reform and opening up, and social stability.