Article 1 In order to standardize the management behavior of lawyers, protect lawyers' rights and interests, give full play to the role of lawyers' associations, and promote the development of lawyers' career, these Articles of Association are formulated in accordance with the Lawyers Law of People's Republic of China (PRC), the Articles of Association of all china lawyers association, the Articles of Association of Shaanxi Lawyers Association and other laws and regulations.
Article 2 Xi Lawyers Association (hereinafter referred to as the Association) is a legally established social organization as a legal person and a self-regulatory organization of Xi lawyers' profession, which implements self-regulatory management of Xi lawyers' profession according to law.
According to the needs, the association will send working agencies to all districts and counties in Xi.
Article 3 The purpose of this Association is to safeguard the dignity of the Constitution and laws, safeguard lawyers' rights and interests, provide necessary services and guarantees for lawyers' practice, improve lawyers' professional quality, strengthen industry self-discipline, promote the healthy development of lawyers' career, safeguard social fairness and justice, and promote the construction of socialist democracy and the rule of law.
Article 4 The lawyers' congress is the highest authority of this Association, with a council and a standing council.
Article 5 The lawyers' congress is composed of democratically elected representatives. The Council and the Standing Council are elected through the election process. The work of this association is democratic decision-making and management, and it is subject to the supervision of lawyers and law firms.
Article 6 This Association accepts the supervision and guidance of the Xi Judicial Bureau. The Association is a group member of Shaanxi Lawyers Association and accepts the guidance of Shaanxi Lawyers Association.
The elected directors, executive directors, vice-presidents, presidents and appointed secretary-general of this Association shall be filed with Xi Judicial Bureau and Provincial Lawyers Association.
Article 7 The Association shall establish a producer party organization in China. Carry out activities in accordance with China party constitution.
Article 8 The Chinese name of this Association is: Xi Lawyers Association; English name: xian Lawyers Association；; ; Abbreviation: XALA.
Chapter II Responsibilities of the Association
Article 9 This Association shall perform the following duties:
(a) to study and formulate the development plan of the city's lawyer industry;
(2) Formulating and implementing professional norms and standards for lawyers;
(three) to support members to practice according to law and safeguard their professional rights and other legitimate rights and interests;
(four) to organize lawyers to carry out professional ethics and practice discipline education, and to assess lawyers' practice activities;
(five) to organize members to carry out business exchanges and business seminars, and to organize business learning and training;
(6) Rewarding and punishing members;
(seven) to accept complaints or reports from members, mediate disputes and disputes arising from members' practice activities, and accept complaints from members;
(8) Organizing international and domestic exchanges and cooperation to enhance the influence of lawyer Xi at home and abroad;
(nine) to publicize and promote the lawyer industry for the society and establish a good lawyer image;
(ten) the construction and management of Xi 'an lawyer network, editing and publishing lawyers association publications, printing and distributing relevant materials;
(eleven) to coordinate the relationship with the relevant state organs and other organs and organizations, and put forward suggestions and opinions related to the development of the lawyer industry to the relevant organs and organizations;
(twelve) to encourage and support lawyers to participate in the discussion of state affairs;
(thirteen) to organize members to carry out legal aid and social welfare activities;
(fourteen) to establish and improve the service guarantee system for lawyers' practice;
(fifteen) to develop the welfare of lawyers and encourage mutual assistance;
(sixteen) to supervise members to abide by and implement laws, regulations, rules and industry norms;
(seventeen) to collect, manage and use membership fees according to law;
(eighteen) to implement the relevant decisions of the judicial administrative organs and handle the work arranged and entrusted by the lawyers' association at a higher level;
(nineteen) other duties stipulated by laws, regulations, rules and industry norms.
Chapter III Members
Article 10 Members of this Association are divided into group members and individual members.
Law firms established with legal approval and managed by Xi Municipal Bureau of Justice and Xi Municipal Bureau of Justice are group members of the Association. Its lawyers are individual members of the association.
Article 1 1 Rights of group members:
(a) the right to participate in relevant meetings and activities organized by the association;
(two) the right to put forward suggestions and opinions on the work of the association;
(three) the right to put forward opinions and suggestions to the relevant legislative, judicial and administrative organs through this association;
(4) Have the right to ask the Association for lawyers' rights protection and protection;
(five) the right to use the information resources such as books, materials and networks of the Association;
(six) have the right to supervise the work of this association.
Article 12 Obligations of Group Members:
(1) Abide by the articles of association and implement the resolutions of the Association;
(2) Abide by the industry norms and rules of this Association and accept the management and guidance of this Association;
(3) Organizing lawyers to participate in various activities of the Association;
(4) Providing necessary conditions for lawyers to exercise their membership rights and perform their membership obligations;
(five) according to the provisions of the payment of group membership fees and personal membership fees for lawyers, lawyers to participate in professional liability insurance;
(six) to establish and improve the internal rules and regulations of the law firm and perform management duties;
(seven) to guide, supervise and evaluate the practice of lawyers;
(eight) to undertake the work arranged and assigned by the association;
(nine) other obligations that group members should perform.
Article 13 Rights of individual members:
(1) Having the right to vote and stand for election in the association according to the articles of association;
(two) to protect the right to practice to the Association;
(three) the right to participate in the study, discussion and training organized by this association;
(four) the right to enjoy the welfare and other guarantees organized by this association;
(five) the right to use books, materials, networks and other information resources provided by the association;
(six) have the right to supervise the work of this association and put forward opinions and suggestions;
(seven) the right to reflect opinions, suggestions and demands to the relevant departments through this association;
(eight) other rights stipulated by laws, regulations and rules.
Article 14 Obligations of individual members:
(1) Abide by the articles of association and implement the resolutions of the Association;
(2) Abide by the professional norms and standards of this Association, and abide by the professional ethics and practice discipline of lawyers;
(three) consciously safeguard the professional honor and industry reputation of lawyers, and safeguard the unity among members;
(four) to fulfill the obligation of legal aid and participate in other public welfare activities;
(five) according to the provisions of the superior lawyers association and the decision of this association to pay membership fees and participate in the lawyer's practice liability insurance;
(six) to undertake the work entrusted by the association and participate in the relevant activities organized by the association;
(seven) accept the evaluation and supervision of this association;
(eight) other obligations stipulated by laws, regulations and articles of association.
Fifteenth individual members and group members refused to perform their obligations, the association can be punished according to the circumstances.
Sixteenth individual members and group members shall go through the membership registration procedures.
Non-association members must go through the membership registration formalities at the association and fill in the membership registration form when they transfer to the law firm in this city and the district or county where they are located.
Chapter IV Lawyers' Congress
Article 17 Xi 'an Lawyers' Congress (hereinafter referred to as Lawyers' Congress) is the highest authority of this Association. The lawyers' congress is held every three years. When necessary, it may be held in advance or postponed upon the decision of the Council of this Association. If necessary, an interim congress may be convened.
A lawyer's congress can only be held if more than half of the representatives are present.
Article 18 The functions and powers of a lawyer's congress are:
(a) to formulate and amend the articles of association and important industry norms;
(two) to listen to and consider the work report of the Council and the strategic plan for the development of the industry;
(three) to listen to and consider the report on the current membership fee income and expenditure;
(4) Electing members of the Council of the Association;
(five) to consider other matters proposed by the Presidium of the General Assembly or the Council.
Article 19 Representatives of the Lawyers' Congress shall take the law firm as the unit and elect or recommend representatives from individual members, which shall be examined and approved by the Credentials Committee of the Lawyers' Congress.
The term of office of deputies to the lawyers' congress is the same as that of the congress, and each term is three years, and they can be re-elected.
If necessary, the association may invite relevant persons to attend the meeting as special representatives. The functions and powers of the specially invited representatives shall be decided by the presidium of the General Assembly.
Article 20 Representatives of the lawyers' congress shall attend the meetings of the lawyers' congress and exercise the following functions and powers:
(a) to exercise the right of proposal, deliberation and voting at the congress;
(2) Enjoy the right to vote and stand for election;
(three) the right to put forward suggestions and opinions on the work of congresses and associations;
(4) Contact members, reflect their voices and safeguard their rights and interests;
(five) other functions and powers that should be exercised by representatives.
Chapter V Council
Article 21 The Council of this Association shall be elected by the lawyers' congress. The lawyers' congress is the permanent body of the lawyers' congress and is responsible to the lawyers' congress. The term of office of the Council is three years. Directors may be re-elected.
Article 22 The director shall be a lawyer who has been practicing for more than three years, has no bad practice record, has good comprehensive quality, strong deliberation ability, is enthusiastic about the work of the Association and is enterprising.
Directors shall perform their duties of diligence, safeguard the interests of the Association, and accept the supervision of members in performing their duties.
Article 23 Where a director becomes a non-member of the Association due to job change, he shall apply to the Standing Council for resignation within one month.
If a director fails to attend the board meeting twice (inclusive) or becomes a non-member of the Association without justifiable reasons and fails to apply for resignation as a director within the prescribed time limit, his qualification as a director shall be automatically cancelled and announced by the Association.
Article 24 The functions and powers of the Council:
(a) to convene a lawyer's congress and report to the congress;
(2) Electing the executive director, vice president and president;
(three) to discuss and decide on the annual work plan of the Association and the major issues of the Association;
(four) to consider the annual work report of the Standing Council and the annual membership fee income and expenditure report;
(five) to formulate and revise the industry management norms and self-discipline rules and major rules and regulations of this Association;
(six) to elect or elect representatives to attend the lawyers' congress at a higher level;
(seven) other duties that should be performed by the Council.
Article 25 The Council meeting shall be held at least once a year. When necessary, a meeting of the Council may be convened upon the decision of the Standing Council or the president's office meeting or the proposal of more than one-fifth (inclusive) directors.
Article 26 The Council shall be convened and presided over by the President. If the president is unable to preside over the Council due to special reasons, the vice president designated by the president shall convene and preside over the Council. The Council shall discuss and decide on meeting matters in accordance with the rules of procedure.
Chapter VI Standing Council
Article 27 The Standing Council shall be elected by the Council. The Standing Council is the daily working body of the Council. The number of members of the Standing Council shall not be less than half of the number of members of the Council.
The term of office of the Standing Council is the same as that of the Council, and the Standing Council may be re-elected.
Twenty-eighth duties of the Standing Council:
(1) To appoint the Secretary-General of the Association and, upon nomination by the Secretary-General, to approve the candidate for Deputy Secretary-General;
(two) to organize the implementation of the resolutions of the lawyers' congress and the Council, and report to the Council;
(three) to study and formulate the annual work plan, work report and membership fee budget of the Association;
(four) to discuss the formulation of general industry rules and association rules and regulations;
(five) to decide on the establishment and adjustment of the special committees, professional committees and dispatched offices of the Association, and to appoint directors, deputy directors and other responsible persons;
(6) To propose to the Council the co-election of executive directors and vice presidents;
(seven) to discuss and decide on the important work and matters of the association and arrange major activities;
(eight) to discuss and decide the rewards and punishments for the members of this association;
(nine) other duties that should be performed by the Standing Council.
Article 29 The Standing Council shall meet at least once every three months. The meeting of the Standing Council shall be convened and presided over by the President. If the president is unable to preside over the meeting for special reasons, the vice president designated by the president shall preside over the meeting. The Standing Council shall discuss and decide on meeting matters according to the rules of procedure.
Chapter VII President and President's Office Meeting
Article 30 The Association shall have one president and several vice presidents. The president and vice president are elected by the Council from among the executive directors. The president shall not be re-elected for more than two terms.
Article 31 The president is the legal representative of the Association and performs the following duties:
(1) Convening and presiding over the office meetings of the Council, the Standing Council and the President;
(two) to supervise and inspect the implementation of the resolutions and decisions of this Association;
(three) report to the Council on behalf of the Standing Council;
(four) to make a work report to the lawyers' congress on behalf of the Council;
(5) Signing important documents of the Association;
(6) Other duties that should be performed by the president.
The vice president assists the president and is responsible for other management work according to the division of labor in the president's office. Can be entrusted by the president to convene and preside over the Council, the Standing Council and the president's office meeting.
Article 32 The president and vice president shall regularly report their work to the Council or the lawyers' congress.
Article 33 The Association implements the president's office meeting system, and the president's office meeting consists of the president and the vice president. Convened and presided over by the dean. If the president is unable to preside over the meeting for special reasons, a vice president shall be appointed to convene and preside over the meeting.
Article 34 The Office of the President shall perform the following duties:
(a) to discuss the meeting proposals, work plans and draft documents submitted to the meeting of the Council and the Standing Council;
(two) to the Council and the Standing Council to carry out a certain work and hold a major event ideas and proposals;
(three) to supervise and guide the implementation of resolutions and decisions of member congresses, councils and standing councils;
(four) to supervise and guide the work of the secretariat, special committees, professional committees and agencies of this Association;
(five) to study and deploy the work of the association, discuss and decide the temporary important affairs of the association, and deal with emergencies;
(six) other matters that should be discussed and decided by the president's office.
Chapter VIII Secretariat
Article 35 The secretariat is the executive body of this Association, and its function is to specifically arrange and implement the resolutions and decisions of the lawyers' congress, the Council, the Standing Council and the president's office meeting. Undertake the daily work of this association. Responsible for handling the daily affairs of the association, receiving visits, visiting, secretarial work, information transmission, meetings and other affairs, managing the funds and property of the association, and undertaking the daily work and affairs of the association such as logistics support.
Article 36 The Secretariat shall have one Secretary-General and several Deputy Secretaries-General. The Secretariat implements the Secretary-General responsibility system. The Secretary-General is appointed by the Standing Council, and the Deputy Secretary-General is nominated by the Secretary-General and approved by the Standing Council. The Deputy Secretary-General assists the Secretary-General in his work.
Article 37 The Secretary-General shall perform the following duties:
(a) to preside over the daily work of the secretariat;
(2) Organizing the implementation of resolutions and decisions of lawyers' congresses, councils, standing councils and presidents' offices;
(three) to formulate the establishment plan of the Secretariat's working departments, and to formulate and implement various rules and regulations of the Secretariat;
(four) to propose the appointment or dismissal of the Deputy Secretary General and other staff of the Secretariat;
(five) to coordinate the daily work of the special committees and institutions, and to coordinate the relationship with the judicial administrative organs;
(six) specific arrangements for the implementation of the financial revenue and expenditure budget of the Association and the management of the assets of the Association;
(seven) to organize and implement the work and tasks entrusted or arranged by the lawyers association at a higher level;
(eight) to arrange other tasks assigned by the Standing Council and the President's Office;
(nine) other tasks and matters that should be the responsibility of the Secretary General.
Article 38 The Secretary-General or relevant Deputy Secretaries-General and relevant staff of the Secretariat may attend the executive meetings of the Council, the Standing Council and the President as nonvoting delegates.
Chapter IX Special Committees and Professional Committees
Article 39 The Association shall set up several special committees and professional committees according to needs, and the term of office shall be the same as that of the Standing Council.
Members of special committees and professional committees shall be lawyers.
Article 40 The special committee is the specialized working body of the Association and performs the functions of the Association.
The special committee shall have a chairman, several vice-chairmen and a secretary-general if necessary. The special committee is responsible to the Standing Council and reports its work.
Article 41 The Association shall set up the following special committees:
(1) Rights Protection Committee;
(2) Disciplinary Committee;
(3) Finance Committee;
(4) System Construction and Career Development Committee;
(5) Board of Education;
(6) annual appraisal committee of lawyers;
(7) Management Committee of trainee lawyers;
(8) Publicity Committee;
(9) Foreign Exchange Committee;
(10) Business Training Committee;
(xi) Sports and Welfare Committee;
12) Women Lawyers Working Committee;
(13) Working Committee of Young Lawyers;
(fourteen) the old lawyer working committee;
The establishment of special committees can be adjusted by the Standing Council according to needs and changes in circumstances.
Special committees organize activities according to working rules.
Forty-second professional committees are professional organizations that organize lawyers to carry out business exchanges and business seminars. A professional committee shall have a chairman, vice-chairmen and members, and a secretary-general as required. Professional committees are responsible to the Standing Council and report their work.
Article 43 The Association has the following professional committees:
(1) Professional Committee of Criminal Law;
(2) Professional Committee of Civil Law;
(3) Professional Committee of Administrative Law;
(4) Special Committee on Financial Securities Law;
(5) Professional Committee of Company Law;
(6) Professional Committee of Real Estate Law;
(7) Professional Committee of Intellectual Property Law;
(8) Professional Committee of Labor and Social Security Law;
(9) Professional Committee of Bankruptcy Law;
(10) Foreign-related legal professional committees;
(eleven) professional committees of construction law and bidding law;
(12) Professional Committee of Environmental Resources Law and Cultural Relics Protection Law;
(13) Professional Committee of Legal Advisers;
(14) Professional Committee on Public Welfare Legal Affairs.
The establishment of professional committees shall be adjusted by the Standing Council according to needs and changes in circumstances.
Professional committees organize activities according to work rules.
Chapter X Agency
Article 44 The Association shall, according to the needs, send working agencies to the districts and counties in Xi. The dispatched offices shall accept the guidance of the district and county judicial bureaus. The candidates for the dispatched offices shall be determined through consultation between the Association and the district and county judicial bureaus. The term of office is the same as that of the current Standing Council.
Article 45 The dispatched office shall be responsible to the Standing Council of this Association and report its work.
Article 46 An agency shall perform the following duties:
(a) to assist the Association in self-discipline management of law firms in counties and districts;
(two) to assist the association to safeguard the practice rights of lawyers in the jurisdiction and county according to law;
(three) to organize lawyers and law firms in their respective jurisdictions and counties to implement the resolutions and decisions of the Association;
(four) to assist the association in investigating and handling the complaints of lawyers in this area and county;
(five) to organize lawyers in the jurisdiction and county to carry out business exchanges and business seminars;
(six) to complete and implement other tasks and tasks arranged and assigned by the Association.
Chapter II XI Reward, Punishment and Dispute Mediation
Article 47 The Association may reward and punish group members and individual members.
Forty-eighth members (including group members and individual members) in any of the following circumstances, the association can give notice of praise, commendation and honorary title:
(a) in the construction of democracy and legal system, safeguard national interests, public interests and local economic and social development;
(2) Having made outstanding contributions to the reform and development of lawyers;
(three) actively participate in the activities of the association, contribute to the key tasks of the association or successfully complete the task;
(4) Successfully handling cases with great influence in the world, at home and in the province;
(5) Having made remarkable achievements in academic or professional fields;
(six) engaged in lawyer work for a long time, with obvious performance and good reputation;
(seven) outstanding achievements in the management of law firms, praised;
(eight) other circumstances that should be rewarded.
Forty-ninth members (including group members and individual members) have one of the following acts, and the association will give disciplinary sanctions such as admonition, informed criticism, public condemnation and cancellation of membership depending on the circumstances:
(1) Violating the Lawyers Law of People's Republic of China (PRC) and other laws and regulations;
(2) Seriously violating the lawyer's professional ethics and practice discipline;
(3) Seriously violating social morality and damaging the professional image and reputation of lawyers;
(four) a serious violation of the articles of association and the legal profession norms;
(five) other disciplinary acts that should be punished by the industry.
Article 50 this association has the right to make suggestions to the judicial administrative organs that have the right to punish its members' violations of law and discipline.
Article 51 If a member is punished by the judicial administrative organ for stopping practicing due to violation of law and discipline, during the period of stopping practicing, the individual member does not enjoy the right to vote and stand for election.
Article 52 The FSC may mediate disputes between members and between members and parties.
Article 53 When deciding rewards and punishments for members according to the Articles of Association, the relevant provisions of all china lawyers association and Shaanxi Lawyers Association shall also be implemented.
Chapter XII Economic Expenses
Article 54 The sources of funds of this Association include:
(1) membership fees;
(2) financial subsidies;
(3) social donations;
(4) Other lawful income.
Article 55 Group members and individual members of this Association must fulfill the obligation of paying membership dues. The membership fee is charged annually. Group members must pay membership fees directly to the Association before the annual assessment, and individual membership fees are collected by law firms and paid to the Association. Members who withhold or default in the membership fees of this Association may be punished and ordered to pay within a time limit.
Article 56 The standard for members to pay membership fees to this Association shall be determined by the Council of this Association according to the provisions of the lawyers' association at a higher level, and according to the development of lawyers' career, the number of lawyers, business income and other factors in this Municipality.
Article 57 Membership dues shall be used for the following expenses:
(1) Fees for lawyers' business exchanges and seminars and necessary meetings of the Association;
(two) to provide members with learning materials and business training fees;
(3) Fees for lawyers' rights protection;
(four) industry promotion and cultural construction costs;
(5) Complaint handling fees;
(6) Member welfare fees;
(seven) the association's asset purchase expenses;
(eight) the daily expenses of the executive body of this association;
(9) Industry research and foreign exchange expenditure;
(ten) according to the provisions of the provincial lawyers association to collect membership fees;
(eleven) other necessary expenses.
Article 58 The Association shall strengthen the collection and management of membership dues, formulate the budget plan of membership dues expenditure, establish the accounts of membership dues revenue and expenditure, and conduct the annual audit. The Standing Council shall report the income and expenditure of membership fees to the Council every year and accept the supervision of members.
Article 59 Measures for the collection, use and management of membership dues shall be formulated by the Standing Council of this Association.
Chapter XIII Supplementary Provisions
Article 60 The Articles of Association shall be formulated and revised by the Xi Lawyers' Congress.
In any of the following circumstances, the Articles of Association shall be amended:
(a) the provisions of the articles of association conflict with the provisions of the Lawyers Law or other relevant laws and administrative regulations;
(two) the lawyers' congress or the Council decided to amend the articles of association.
Article 61 The formulation and amendment of the Articles of Association must be attended by more than two-thirds of all the delegates, and take effect after being adopted by more than two-thirds of the delegates present at the meeting.
Article 62 The Articles of Association shall be implemented as of the date of adoption by the lawyers' congress, and shall be reported to Xi Judicial Bureau and Shaanxi Lawyers Association for the record.
Article 63 The Standing Council of this Association shall be responsible for the interpretation of these Articles of Association.