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The rights of lawyers to work free from harassment or threats have been bolstered by the establishment of a mechanism designed to provide rapid responses and solutions to complaints, according to Jiang Min, a spokesman for the All China Lawyers Association.

The system is a joint effort between the association at national and local levels, justice departments nationwide, courts and public security departments across the country.

China’s legal professionals are increasingly busy as a result of the rising number of civil and criminal cases, but many defense lawyers have filed complaints about inequitable treatment by judicial department officers.

They claim that the lack of a complaints mechanism, allied to inadequate legislation, has allowed some judicial officers and prosecution lawyers to infringe their professional rights.

In response, the judicial authorities and the national association have established a platform to resolve problems “in a timely manner”.

According to Jiang, lawyers’ associations at every level will strengthen the exchange of information and cooperation with judicial authorities, and the two sides will hold regular meetings to discuss major concerns and seek solutions.

Moreover, the All China Lawyers Association will draft and circulate a notice to further define the roles of relevant departments in the protection of lawyers’ rights, coordinate scrutiny of cross-regional cases of abuse, direct local branches to investigate incidents and tackle major infringements, he added.

Xiong Xuanguo, vice-minister of justice, said: “Lawyers play an essential role in protecting the legitimate rights of all parties involved in legal cases, and contribute greatly to the rule of law. We will introduce and strengthen policies to make it easier for them to do their jobs, and severely punish those who infringe their professional rights.”

Joint efforts

In recent years, a growing number of legal professionals nationwide have reported violations of their professional rights. The allegations have attracted widespread public and media attention.

The Ministry of Justice has confirmed that many defense lawyers have complained of difficulties when attempting to arrange meetings with clients in criminal detention, especially in cases deemed to pose a serious risk to State security, or those related to terrorist attacks or highlevel corruption.

In addition, the ministry said some judicial authorities have limited lawyers’ access to case files and prevented them from collecting evidence, while a number of judges have interrupted defense statements during hearings, expelled lawyers from courtrooms or even had them detained illegally. Certain defense lawyers have also been assaulted by court bailiffs or thugs hired by prosecution lawyers.

Wang Junfeng, chairman of the All China Lawyers Association, which is affiliated with the ministry, said the association is tackling the issue via a regulation aimed at better protecting lawyers’ legal rights and governing their professional behavior to ensure the healthy development of the profession.

The regulation stipulates that lawyers can report violations of their rights — including the freedom to meet with clients, collect evidence, read files, register appeals or file complaints — to local association branches, judicial departments or a higher-level prosecuting department.

The complaints must be accepted and given a response as quickly as possible, he said, adding that the association and its branches nationwide have set up two centers — one aimed at protecting the rights of defense lawyers, and one to handle complaints about the activities of prosecution lawyers and violations of clients’ rights.

By March, the national association and branches across the country had accepted 377 complaints, according to data provided by the association.

Of those, 142 cases have been resolved to the lawyers’ satisfaction, while 235 are still being investigated.

Lyu Hongbing, the association’s Officials gather at a ceremony to establish two new centers that will ensure that lawyers’ rights are not violated. vice-chairman, said most of the cases involved obstruction of access to case files and collection of evidence. Others centered on violations of the right to make statements in defense of clients, to file complaints related to inappropriate treatment of defendants during detention, or protest to higher authorities. Additionally, some lawyers alleged they had been insulted, slandered, threatened and even detained illegally.

Illegal detention

A notable case occurred in July, when Wang Yantao was representing a client in a civil case. According to the Hebei Provincial Lawyers Association, as Wang waited in line at the gates of a district court in Handan, Hebei province, he quarreled with court bailiffs. As a result, three of them dragged him into a security office where he was assaulted by six men. He was then detained illegally until the vice-president of the court arrived and ordered his release.

After the incident, Wang filed a complaint with the Handan City Lawyers Association, which reported the case to the Hebei Provincial Lawyers Association and the All China Lawyers Association. A report was also sent to the Ministry of Justice for scrutiny.

Xiong Xuanguo, vice-minister of justice, ordered that the case be reported to the Supreme People’s Court, China’s top judicial body, and told the Hebei Province Department of Justice to investigate the matter.

The top court notified the high court in Hebei, which ordered the court in Handan to further investigate the case.

On Aug 9, the court in Handan issued a public apology to Wang. The head of the bailiffs’ team was given an administrative punishment and six bailiffs were fired, according to the All China Lawyers Association.

“I can’t imagine what would have happened if the joint cooperation mechanism had not been in place,” Wang said. “Thanks to the efforts of the association and the judicial department, the officials in charge paid great attention to my case and quickly arranged for the relevant departments to deal with it.”

Law amended

Lyu, from the All China Lawyers Association, said the organization will propose that the national legislature accelerates amendments to the Law of the People’s Republic of China on Lawyers to clarify the charges and sentencing standards for those accused or convicted of violating lawyers’ rights.

The association will also conduct research into cases to establish causes and devise countermeasures. He said lawyers’ associations at the national and local level will increase cooperation with the judicial authorities and establish a formula for case discussions.

Now the mechanism is in place, leading officials will “use the platform to communicate with each other, hold regular meetings, conduct research and resolve policy issues, as well as quickly coordinating major cases and emergencies that infringe defense lawyers’ rights”, he added.

Moreover, the association’s local branches will collate cases involving their members, so they can share experiences and resolve problems.

Yang Lin, a lawyer with the W & H Law Firm in Beijing who has 10 years experience of civil and commercial cases, has often experienced problems accessing case files and collecting evidence.

“The establishment of the two centers and the joint cooperative mechanism is an essential move. Now, lawyers’ complaints will receive the attention they deserve, and the swift resolution of such cases will protect our professional rights,” she said.

“I hope additional measures will be introduced as soon as possible and will be fully implemented in accordance with the law.” Contact the writer at zhangyan1@chinadaily.com.cn