Chinese government strengthening the protection of the rights of Chinese lawyers

On April 21, the Supreme People’s Court and the Ministry of Justice of China jointly issued the Notice on Protecting Litigation Rights and Norms of Lawyers Participating in Trial Activities, which aims to build mutual respect, support and supervision between judges and lawyers and set behavior norms to exercise Chinese law and protect rights of China lawyers on the trial stage.

The notice emphasizes that the people's courts at all levels and their staff shall respect and protect the rights of Chinese lawyers, and judges shall respect lawyers and not insult or ridicule Chinese lawyers.The people's court shall strictly enforce the legal procedures, treat all parties to the lawsuit equally, reasonably allocate the questions, cross-examination, statements&debates, and the time of defense, and fully listen to the opinions of Chinese lawyers.The judge shall not randomly interrupt or stop the Chinese lawyers in the court when they are questioning, cross-examining or presenting defence opinions based on the fact findings of the case and Chinese laws.

The notice is clear that in case the presiding judge or a judge alone think Chinese lawyers in court violate the rules or discipline of court, he or she shall be given a warning or discipline, etc. When necessary, an adjournment shall be given. In principle, it shall not instruct or force Chinese lawyers to leave the courtroom. Shanghai Nuo Di Law Firm (www.shndlaw.com) notes that there were previous reports of Chinese lawyers being forcibly brought out by the court police, which had seriously impaired the rights of Chinese lawyers.

The notice also states that the Chinese lawyers, who argue that the judge in the process of trial has violations, can complain or report to the relevant people's court or the supervision department at higher level. The court shall handle it according to law and reply to the lawyer himself timely, at the same time inform the local judicial administrative organ and the bar association. The results of the complaints which are highly concerned by the society shall be published. If the court considers that a lawyer has violated the law, it shall submit judicial suggestions to the judicial administrative organ and the bar association, and hand over the relevant evidence materials such as the audio recording of the trial and the records of the court proceedings. In case of further investigation and verification, it shall cooperate with the judicial administrative organ and the bar association to investigate and collect evidence.