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Chapter 3 The Membership
Date:2022-11-04 View:408


Article 8 In accordance with the Law of the People's Republic of China on Lawyers, lawyers who have obtained a lawyer's practice certificate from the Shanghai Municipal Bureau of Justice in accordance with the law are individual members of the Bar Association. Law firms that have obtained a law firm's practice certificate from the Shanghai Municipal Bureau of Justice in accordance with the law are group members of the Bar Association.

Individual members that are members of the Communist Party of China shall fulfill the duties of a Party member, enjoy the rights of a Party member and consciously accept the supervision of the Party organization; group members that meet the requirements for establishment of a Party organization shall, in accordance with the Constitution of the Communist Party of China, establish a Party organization to carry out Party activities and strengthen Party building.

Article 9 Individual members enjoy the following rights:

(1) to have the right to vote, to elect and to be elected in the Bar Association;

(II) to apply to the Bar Association on safeguarding the lawyers' legitimate rights and interests in practice;

(III) to put forward opinions and suggestions on legislation, judicial administration and administrative law enforcement to the relevant departments through the Bar Association;

(IV) to participate in study, research and experience exchange activities organized by the Bar Association;

(V) to enjoy the welfare and other safeguards provided by the Bar Association;

(VI) to use the books, materials, networks, information and facilities of the Bar Association;

(VII) to make criticisms, suggestions and inquiries relating to the work of the Bar Association;

(VIII) other rights provided for by laws, regulations and the articles of association.

Article 10 Individual members have the following obligations:

(I) to abide by the articles of association of the Bar Association, execute the decisions of the Bar Association, accept the guidance, supervision, examination and administration of the Bar Association, and go through the procedures of annual assessment;

(II) to abide by the legal professional ethics and practise disciplines; to abide by the norms and standards of the legal profession;

(III) to pay membership dues;

(IV) to participate in vocational training organized by the Bar Association;

(V) to participate in legal aid activities;

(VI) to conscientiously safeguard the lawyers' profession honor and professional reputation, and to maintain the unity among the members;

(VII) to complete other tasks entrusted by the Bar Association;

(VIII) other obligations provided for by laws, regulations and the articles of association.

Article 11 Group members enjoy the rights provided for in Items (2) through (8) of Article 9 and the right to assess the lawyers of their law firms.

Article 12 Group members have the following obligations:

(I) to convey, study and carry out various resolutions of the Bar Association;

(II) to educate lawyers to abide by the legal professional ethics and practise disciplines;

(III) to organize lawyers to participate in various activities of the Bar Association;

(IV) to formulate and implement the internal rules and regulations of the law firm;

(V) to provide necessary conditions for the lawyers to exercise rights and perform obligations;

(VI) to purchase professional compensation LIABILITY INSURANCE FOR LAWYERS;

(VII) to accept the annual assessment conducted by the judicial administrative department of the district where they are located;

(VIII) to undertake the obligations provided for in Article 10.

Article 13 In accordance with the Administrative Measures for Government Lawyers and the Administrative Measures for Corporation Lawyers, Government Lawyers and Corporation Lawyers who have obtained a government lawyer's certificate or a corporation lawyer's certificate from the Shanghai Municipal Bureau of Justice in accordance with the law shall join the Bar Association and be subject to the administration of the Bar Association.

The rights and obligations of the lawyers of a corporation and government lawyers' members shall be separately stipulated by the council in accordance with the relevant provisions of laws and regulations.

Article 14 Interns applying for lawyer practice through group members of the Bar Association shall be prospective members of the Bar Association and be subject to the administration of the Bar Association. Prospective members have no right to vote and stand for election.

The Shanghai-based representative offices of foreign law firms and their representatives established upon approval, the Shanghai-based representative offices of law firms of Hong Kong, Macao and other regions established upon approval, and the persons-in-charge of the legal department and the relevant departments of a multinational corporation in Shanghai may be invited members of the Bar Association. Invited members have no right to vote and stand for election.

The rights and obligations of prospective members and specially invited members shall be separately stipulated by the council.

Article 15 If a member seriously violates these Articles of Association, the Bar Association may cancel its membership in accordance with the relevant provisions on the punishment of violations of the Bar Association.

If a member disagrees with the decision of the Bar Association on cancellation of his membership, he may apply for review. 


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