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Chapter 4 The Lawyer’s Congress
Date:2022-11-03 View:435


Article 16 The organizing principle of Bar Association shall be democratic centralism. The formation of the leading body and anydecision on major issues shall be subject to collective discussion and a decision shall be made in accordance with the principle of the minority being subordinate to the majority.

Article 17 The persons-in-charge of Bar Association shall refer to the president, vice-presidents and secretary-general.

The persons-in-charge of Bar Associations shall abide by the provisions of laws, regulations and articles of association, faithfully perform their duties, safeguard the rights and interests of the Bar Association, and abide by the following code of conduct:

(1) to exercise powers within the scope of their functions and powers without exceeding the authority;

(II) not to abuse their functions and powers to seek improper benefits for themselves or others;

(III) not to engage in activities that damage the interests of their Bar Association.

Article 18 The lawyers' congress is the organ of power of Bar Association, and shall exercise the following functions and powers:

(I) to formulate and amend the articles of association of Bar Association, and supervise the implementation of the articles of association;

(II) to formulate and amend the industry rules adopted by the lawyers' congress, and to supervise their implementation;

(III) to examine and approve reports of the council;

(IV) to examine and approve reports of the board of supervisors;

(V) to elect and dismiss council members and supervisors;

(VI) to discuss and decide the work guidelines and tasks of Bar Association; and

(VII) to examine and approve the scheme for collecting membership dues;

(VIII) to examine and approve the schemes for budget and final accounts of membership fees;

(IX) to make suggestions to the All-China Bar Association on amending its  articles of association and other major matters;

(X) to examine and consider other matters to be decided by the lawyers' congress as prescribed by laws, regulations and articles of association.

Article 19 The lawyers' congress shall be divided into representatives' congress and interim representatives' congress. The congress shall be held once a year.

Under any of the following circumstances, an interim congress shall be held within two months from the date of occurrence of the fact:

(1) when the council deems it necessary;

(II) when one-tenth or more of the deputies make a written proposal.

The representative assembly may not be held unless two-thirds or more of the deputies present at the assembly are present. The representatives' congress shall be attended by deputies in person.

Deputies shall exercise their voting rights, and each deputy shall have one vote. A resolution of the congress shall be adopted by a simple majority of the deputies present at the congress. A resolution on formulation or amendment of the articles of association made by the representative congress shall be adopted by more than two-thirds of the deputies present at the congress.

The lawyers' congress shall vote in a democratic manner. The election of directors and supervisors and the formulation or revision of membership dues shall be conducted by secret ballot.

The measures for electing and dismissing directors and supervisors shall be formulated separately by the congress.

Article 20 The lawyers' congress shall be convened by the council and presided over by its president or by a deputy president designated by the president. When holding a lawyers' congress, the Bar Association shall notify all the deputies in advance of the matters to be deliberated at the meeting.

Article 21 Representatives to the lawyers' congress shall be elected or elected from members.

Where necessary, Bar Associations may elect special representatives to attend the lawyers' congress. The rights and obligations of the special representatives and the measures for their election shall be formulated separately by the council of Bar Associations.

Representatives to the lawyers' congress shall be permanent and shall be changed every four years.

Article 22 Representatives shall attend the lawyers' congress, exercise their rights, perform their obligations and exercise the following functions and powers:

(1) to exercise the rights of deliberation, voting, submitting a bill, submitting a motion, electing and standing for election at the congress;

(II) to contact members regularly, report the voices of members and safeguard the rights and interests of members;

(III) other functions and powers stipulated in the articles of association.

Article 23 The lawyers of each electoral district shall form a group called the lawyers’ delegation to attend the lawyers' congress. The lawyers of each electoral district shall exercise their rights, perform their duties and participate in the self-regulation of the legal profession through their respective lawyers’ delegations when the congress is not in session. Lawyers' delegations shall carry out activities in accordance with the relevant working rules of Bar Associations. 


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