One chapter general rules

Article 1 For the purpose of guiding lawyers to engage in administrative legal business，Standardize lawyers' practice in handling administrative cases，In accordance with relevant laws and administrative regulations of the People's Republic of China and relevant judicial interpretations of the Supreme People's Court，They shall abide by the rules governing the practice of lawyers formulated by the State judicial administrative organs and the All China Lawyers Association，Formulation of this specification。

Article 2 A lawyer shall have the right to accept the entrustment of a party and, in accordance with administrative laws and norms, engage in the agency business of administrative litigation, administrative reconsideration, administrative compensation and other administrative cases, so as to provide legal services for the society。

Article 3 In handling administrative cases, lawyers shall abide by the Constitution and laws, abide by lawyers' professional ethics and practice discipline, and accept the supervision of the public and the guidance of the administrative department of lawyers' profession。

Article 4 In handling administrative cases, lawyers shall be honest and trustworthy, prudent and timely, diligent and responsible, and actively safeguard the legitimate rights and interests of clients。

When undertaking administrative cases, lawyers shall keep state secrets, business secrets and personal privacy that they have learned in their practice activities。

Article 6 Lawyers shall undertake administrative cases, perform their duties as agents according to law, and be protected by law。

The seven lawyers undertook administrative cases and practiced independently in accordance with the law, free from illegal interference。

Chapter II Acceptance of entrustment

Article 8 When lawyers undertake administrative cases, the law firm shall accept the entrustment uniformly, and the law firm shall sign a written entrustment contract with the client to specify the entrustment matters。A lawyer may not accept a commission without permission。

Law firms shall assign practicing lawyers to undertake cases, and shall not assign personnel without practicing qualifications to undertake cases, nor shall they assign practicing lawyers to undertake cases alone。

Article 10 After a law firm has accepted the entrustment, the undertaking lawyer shall not refuse to act as an agent without proper justification。However, unless the undertaking lawyer finds that the entrusted matter is illegal, the client conceals the fact, or the client makes unreasonable demands, the lawyer is unable to normally perform the duties of agency。

Article 11 The contractor shall promptly notify the client of any change in the lawyer, and if the client agrees to the change, the client shall go through the formalities for the change of authorization。

Article 12 With the consent of the client, a law firm may not delegate a case to another firm。

Article 13 A lawyer shall exercise the power of agency within the scope of authorization of the client。

Chapter Three Lawyers acting for administrative reconsideration cases

Article 14 Lawyers may be entrusted to act as agents in administrative reconsideration cases。

Article 15 Lawyers shall examine and determine according to law whether the matter applied for is within the scope of the administrative reconsideration organ to accept the administrative reconsideration case。

Article 16 A lawyer shall inform his client that a citizen, legal person or other organization that has filed an administrative lawsuit with a people's court and the people's court has accepted it according to law shall not apply for administrative reconsideration。

Article 17 A lawyer shall inform his client that the following provisions on which the specific administrative act of an administrative organ is based are unlawful, and when applying for administrative reconsideration of the specific administrative act, an application for review of the provisions may be submitted to the administrative reconsideration organ together:

(1) provisions of departments under The State Council;

(2) provisions of the local people's governments at or above the county level and their working departments;

(3) Provisions of the township and town people's governments。

The provisions listed in the preceding paragraph do not include the rules of the ministries and commissions under The State Council or the rules of the local people's governments。

Article 18 Lawyers shall examine and determine the time limit for applying for administrative reconsideration in accordance with law。因不

Where force majeure or other legitimate reasons delay the statutory application period, the application period shall continue to be counted from the date the obstacle is removed。

Article 19 Lawyers shall examine and determine the applicant and the respondent of administrative reconsideration in accordance with law。

Article 20 The lawyer representing the applicant shall assist the applicant in examining and determining the administrative reconsideration organ according to law。

Article 21 The lawyer representing the applicant shall write and submit the application for administrative reconsideration on behalf of the applicant, and assist the applicant in obtaining, collecting and submitting relevant evidence materials。

Article 22 The lawyer representing the respondent shall, within 10 days from the date of receipt of the copy of the application or the copy of the record of the application, assist the respondent to submit a written reply to the reconsideration authority, and submit the evidence, basis and other relevant materials for the specific administrative act that was originally undertaken。

Article 23 In principle, administrative reconsideration shall adopt the method of written examination, and lawyers may, according to the needs of the case, request the reconsideration organ to investigate the situation to the relevant organizations and personnel, and listen to the opinions of the application, the respondent and the third party。

Article 24 The lawyer representing the applicant shall have the right to consult the written reply submitted by the respondent, the evidence and basis for the specific administrative act and other relevant materials。Where state secrets, trade secrets or personal privacy are involved, they shall be handled in accordance with relevant regulations。

Article 25 In the process of administrative reconsideration, the respondent and its lawyer shall not collect evidence from the applicant and other relevant organizations or individuals on their own。

Article 26 Lawyers shall note that evidence collected and supplemented by the reconsideration organ in the reconsideration procedure, or evidence not submitted to the reconsideration organ by the administrative organ that undertook the original specific administrative act in the reconsideration procedure, cannot be used as a basis for the people's court to determine the legality of the original specific administrative act。

Article 27 The lawyer shall inform the client that the specific administrative act shall not be suspended during the period of administrative reconsideration。However, the execution may be suspended under any of the following circumstances:

(1) where the respondent considers it necessary to suspend execution;

(2) the administrative reconsideration organ considers it necessary to suspend the execution;

(3) where the applicant applies for suspension of execution and the administrative reconsideration organ considers the request reasonable and decides to suspend execution;

(4) Suspension of execution as prescribed by law。

Article 28 A lawyer shall inform the client whether the administrative reconsideration decision of the case represented is a final ruling according to law。

Article 29 If the client refuses to accept the decision of administrative reconsideration, the lawyer may file an administrative lawsuit with the people's court on behalf of the client within the statutory time limit, or apply to The State Council for a ruling according to law, except for the administrative reconsideration decision as the final ruling。

Article 30 If the applicant neither brings a suit nor performs the administrative reconsideration decision within the time limit, or fails to perform the administrative reconsideration decision of the final award, the lawyer representing the respondent may apply for compulsory execution to the people's court on behalf of the respondent within the statutory time limit。

Chapter four: Lawyers acting in administrative litigation cases

One section pretrial preparation

Article 31 Lawyers may be entrusted to act as agents in administrative litigation cases。

Article 32 The lawyer representing the plaintiff shall review the nature of the case to determine whether it is within the scope of the people's court to accept administrative litigation cases。

Article 33 A lawyer shall inform his client that where the applicant has applied for administrative reconsideration and the administrative reconsideration organ has accepted the application according to law, he shall not bring an administrative lawsuit to the people's court within the statutory time limit for administrative reconsideration。

Article 34 Lawyers shall examine whether a case requires first reconsideration according to law。For cases that need to be reviewed first in accordance with the law, the lawyer should inform the client to conduct administrative reconsideration first, and only if the reconsideration organ does not accept the reconsideration application or does not make a reconsideration decision within the statutory time limit can it directly file an administrative lawsuit。

Article 35 Lawyers shall examine and determine the subject of litigation in a case according to law。

Article 36 Lawyers shall review the time limit for prosecution of a case in accordance with law。

Article 37 When reviewing the time limit for prosecution, lawyers shall take into account the following:

(1) If a citizen, a legal person or any other organization delays the legal time limit for bringing a suit due to force majeure or other special circumstances, he may, within ten days after the obstacle is removed, apply for an extension of the time limit; whether to extend the time limit shall be decided by the people's court;

(2) If the time limit for prosecution is exceeded due to reasons not attributable to the complainant himself, the delayed time shall not be counted as part of the prosecution period。If the person's freedom is restricted and he cannot bring a lawsuit, the time during which his personal freedom is restricted shall not be counted in the period of prosecution;

(3) If a citizen, legal person or other organization applies for an administrative organ to perform its statutory duties, and the administrative organ fails to perform such duties within 60 days from the date of receipt of the application, the citizen, legal person or other organization shall bring a lawsuit in a people's court, and the people's court shall accept it according to law。Where laws, regulations, rules and other normative documents provide otherwise for the time limit for administrative organs to perform their duties, such provisions shall prevail。Where a citizen, a legal person or any other organization requests an administrative organ to perform its statutory duty of protecting its personal rights and property rights under emergency circumstances, but the administrative organ fails to perform such duty, the time limit for bringing a suit shall not be limited by the provisions of the preceding paragraph。

Article 38 If the legal time limit for filing a lawsuit is exceeded and there is no legitimate reason for filing a lawsuit, the lawyer shall inform the client that the lawsuit may be rejected or rejected by the court。

Article 39 Lawyers shall carefully examine and determine the court with jurisdiction over the case according to law。

Article 40 When a lawyer finds that the jurisdiction of the court is improper after examination, he shall inform his client that he may, within 10 days from the date of receiving the notice of response from the people's court, file a written objection to the jurisdiction with the court。

Section 2 Investigation and evidence collection

Article 41 A lawyer shall, in accordance with the needs of the case, assist the client in investigating and collecting evidentiary materials according to law。

Article 42 Lawyers shall note that evidence obtained by means of violating the prohibitive provisions of the law or infringing on the legitimate rights and interests of others cannot be used as the basis for ascertaining the facts of a case。

Article 43 Lawyers shall not forge or instruct their clients to forge evidence or fabricate facts。

Article 44 Where clients and lawyers are unable to collect evidence on their own, lawyers may apply to the people's court to collect and retrieve evidence。

Article 45 A lawyer may, on behalf of a client, apply to a people's court for the site of an inspection。

Article 46 If it is necessary to apply to a people's court for the collection of evidence, lawyers shall submit a written application for the collection of evidence within the time limit for presenting evidence。

Article 47 If it is necessary to apply for witnesses to testify in court, lawyers shall submit a written application to the court before the expiration of the time limit for providing evidence。

Article 48 Where a lawyer applies to a people's court for preservation of evidence on behalf of a client, he shall submit the application in writing before the expiration of the time limit for presenting evidence, and state such matters as the name and place of the evidence, the content and scope of the preservation, and the reasons for applying for preservation。

Article 49 If there is evidence or legitimate reasons that show that the other party's appraisal conclusion based on the facts of the case is wrong, the lawyer may apply for a reappraisal in writing on behalf of the client within the time limit for providing evidence。

Article 50 During the proceedings, the defendant and his lawyers shall not collect evidence from the plaintiff and witnesses on their own。

Article 51 Lawyers shall properly keep the original evidentiary materials provided by their clients;If the lawyer improperly keeps the original and loses the original, causing losses to the client, the law firm and the lawyer shall bear the corresponding liability for compensation。

Section 3 Prosecution and response

Article 52 The lawyer representing the plaintiff shall, on the basis of facts and the principle of law, write a complaint on behalf of the plaintiff and bring a lawsuit to the court within the legal time limit for prosecution。

Article 53 The lawyer representing the plaintiff may, on behalf of the plaintiff, file an application with the people's court for the suspension or reduction of litigation fees。

Article 54 The lawyer representing the plaintiff may, on behalf of the plaintiff, file an application with the people's court for suspension of execution of a specific administrative act。

Article 55 Lawyers representing the plaintiff or a third party shall provide evidence to the people's court before the hearing or on the day of exchange of evidence designated by the people's court。If an application is made for an extension of time to provide evidence due to legitimate reasons, it may be provided in the court investigation with the permission of the people's court。

Article 56 Lawyers shall note that the plaintiff may provide evidence to prove that the specific administrative act accused is illegal, and if the evidence provided by the plaintiff is not established, the defendant shall not be relieved of the burden of proof for the legality of the specific administrative act accused。

Article 57 Lawyers shall note that the people's court shall not accept any evidence provided by the plaintiff or a third party in the proceedings of first instance that is not provided without proper cause in the proceedings of second instance。

Article 58 The lawyer representing the defendant shall carefully analyze the case, obtain evidence and examine the legality of the specific administrative act，Prepare one's defence，And within 10 days from the date of receipt of a copy of the complaint，Assist the defendant to sort out the relevant evidence and normative documents based on which the defendant makes the specific administrative act accused，And provide it to the people's court。

Article 59 Lawyers should note that the defendant has the burden of proof for the specific administrative act。If the defendant fails to provide evidence or fails to provide evidence in due time without justifiable reasons, the specific administrative act accused shall be deemed to have no corresponding evidence。

Article 60 Lawyers shall note that if the defendant is unable to provide evidence within the prescribed time limit due to force majeure or other legitimate causes beyond his objective control, lawyers shall, within 10 days from the date the defendant receives a copy of the complaint, file a written application to the people's court for an extension of evidence。If the people's court grants an extension of time to provide evidence, the defendant shall provide evidence within 10 days after the just cause is eliminated。If the provision is delayed, it shall be deemed that there is no corresponding evidence for the specific administrative act accused。

Article 61 Lawyers shall note that under any of the following circumstances, the defendant may, with the permission of the people's court, supplement relevant evidence:

(1) The defendant has collected evidence at the time of the specific administrative act, but cannot provide it due to force majeure or other legitimate reasons;

(2) The plaintiff or the third party, in the course of the proceedings, has put forward a rebuttal reason or evidence that it did not put forward in the course of the defendant's implementation of the administrative act。

Article 62 Lawyers shall note that evidence submitted by a defendant of first instance to the court in the course of second instance that was not submitted in the course of first instance cannot be used as a basis for the court of second instance to revoke or alter the judgment of first instance。

Article 63 Lawyers may, on behalf of a party, apply to the people's court for the addition of a third party as necessary in a case。

Four-section trial

Article 64 Before the start of a court hearing, lawyers may consult with their clients on whether to apply for a private hearing according to whether the case involves state secrets, commercial secrets, personal privacy, and whether there are special provisions in the law。

Article 65 A lawyer may, on behalf of a client, apply to the court for a postponement of a hearing as the case requires。

Article 66 Lawyers shall appear in court on time according to the hearing time notified by the people's court;If it is impossible to appear in court on time due to special emergency circumstances, it shall contact the court in time to apply for an extension of the hearing;If the lawyer applies for a postponement of the hearing, but is not approved, and is indeed unable to appear in court, the client shall be notified to change the contractor。

Article 67 Lawyers attending court hearings shall abide by the rules and order of the court and observe judicial etiquette。Lawyers shall respect judges, may not contempt the court or slander the judge, and shall not do anything that undermines the prestige of the people's court。

Article 68 A lawyer shall exercise litigation rights on behalf of a client within the scope of his authorization。If the client suffers losses due to the overstepping of authority, the law firm and the lawyer shall bear the corresponding liability for compensation。

Article 69 Lawyers shall enjoy the following rights in court hearings:

(1) An application for withdrawal may be filed against the adjudicators, court clerks, experts and interpreters of the case;

(2) State the facts of the case;

(3) Presenting and reading out its own evidentiary materials;

(4) Apply to the court to notify the witness of the party to testify in court;

(5) With the permission of the court, ask questions of the other party, witness or expert witness;

(6) raise objections to the evidence of the other party;

(7) raise an objection to the improper questioning of the other party's agent;

(8) to express agency opinions;

(9) Other rights enjoyed according to law。

Article 79 A lawyer shall guide and assist the client in collecting and obtaining evidence concerning the facts of damage caused by the specific administrative act accused。

Article 80 Lawyers shall assist clients in preparing legal documents for handling cases in a timely manner, conducting investigations, collecting evidence, applying for appraisal, participating in court hearings, presenting evidence and cross-examining evidence, debating and expressing agency opinions。

Article 81 The rights and obligations of lawyers in court trials shall be covered by reference to the provisions of Section 4 of Chapter IV of this Code。

Article 82 If a client refuses to accept a judgment or order of first instance, a lawyer may file an appeal on his behalf within the statutory time limit。

Article 83 After entering the procedure of second instance, lawyers shall note that the people's court shall not accept the evidence provided in the procedure of second instance by the plaintiff or a third party that has not been provided without proper cause in the procedure of first instance。

Article 84 If a person fails to perform an effective judgment or ruling of a people's court or a conciliation statement on administrative compensation, a lawyer may, on behalf of his client, apply to a people's court for compulsory execution。

Chapter six: Lawyers acting for administrative execution cases

Article 85 Lawyers may be entrusted to act as agents in cases of administrative execution。

A lawyer may, on behalf of a party concerned, apply to a people's court for compulsory execution of legal documents such as administrative judgments, administrative rulings, administrative compensation judgments, and administrative compensation conciliation statements that have taken effect。

If, after an administrative organ has taken a specific administrative act in accordance with the law, the opposite party neither brings a suit nor performs it within the statutory time limit, a lawyer may apply to a people's court for compulsory execution on behalf of the administrative organ or the right holder determined by the specific administrative act。

Article 86 Lawyers acting in administrative execution cases shall examine the following:

(1) Whether legal documents such as administrative judgments, rulings or administrative compensation conciliation documents on which the court applied for compulsory execution have taken legal effect;

(2) whether it is within the statutory time limit for applying for enforcement;

(3) whether the execution is enforceable;

(4) whether the specific administrative act applied for execution by an administrative organ may be executed by a people's court;

(5) whether the specific administrative act applied for execution by the administrative organ has taken effect and has enforceable contents;

(6) Whether the administrative organ applying for the execution of the specific administrative act is the administrative organ that undertook the specific administrative act;

(7) For an administrative organ applying for the execution of a specific administrative act, it shall examine whether laws and regulations grant the administrative organ the right to apply for compulsory execution, and whether the respondent is a obligor determined by the specific administrative act;

(8) Whether it is under the jurisdiction of the people's court that accepts the application for enforcement。

Article 87 A lawyer shall inform his client that the people's court will not accept a delayed application for execution unless there are legitimate reasons。

Article 88 The lawyer representing the applicant shall write the application for execution on behalf of the applicant。

Article 89 The lawyer representing the applicant shall, on behalf of the applicant, submit to the people's court within the statutory time limit the application for execution, the effective legal documents on the basis of execution, and other materials required to be submitted。

Article 90 The lawyer representing the applicant may file an application for property preservation with the people's court on behalf of the applicant。

Article 91 A lawyer shall examine the facts and reasons for the people's court's ruling on the suspension of execution, determine whether to raise an objection to the suspension of execution, and assist the client in making preparations for the resumption of execution procedures。

Article 92 Lawyers shall strictly examine whether the termination of execution by the people's court complies with the provisions of the law。Final execution for unqualified。A lawyer should act on behalf of a client to raise objections promptly。

Article 93 A lawyer may, in light of the nature of the case and the execution capacity of the person subject to execution, draw the client's attention to whether or not to apply for a delay of execution。

Article 94 In cases of execution reversal, lawyers may bury an application for execution reversal on behalf of the client and assist the client in proposing measures conducive to execution reversal。

Chapter Seven Lawyers acting in foreign-related administrative cases

Article 95 Lawyers may be entrusted to act as agents in administrative cases involving foreign interests。

Article 96 Lawyers who accept entrustment to undertake foreign-related administrative cases shall go through entrustment procedures according to law。

Lawyers should pay attention，A power of attorney sent or entrusted by a foreigner, stateless person, foreign enterprise or organization without domicile in our territory，It shall be certified by the notarial organ of the country where it is located，And certified by our embassy and consulates in that country，Or after fulfilling the certification procedures stipulated in the relevant treaties concluded between China and the host country，It has the effect of delegation。

Article 97 When a lawyer accepts the entrusting of a client to undertake a foreign-related administrative case, he shall examine and determine the court with jurisdiction over the case according to law。

Article 98 When entrusted by clients to undertake foreign-related administrative cases, lawyers shall pay attention to the application of procedural law, substantive law and international treaties。

Article 99 When a lawyer accepts the entrusting of a client to undertake a foreign-related administrative litigation case, he shall consult and reach an agreement with the client on the foreign-related service method stipulated in the judicial interpretation。

Eight chapters Supplementary provisions

Article 100 Lawyers may represent administrative licensing, administrative hearings, administrative rulings and other administrative legal services。In the agency should follow the corresponding laws, administrative regulations and judicial interpretation。

The regulations for other administrative legal services will be formulated separately in due course。

Article 101 These Regulations are applicable to lawyers throughout the country undertaking administrative case agency business。All China Lawyers Association is responsible for interpretation。

Article 102 These Regulations have been reviewed and adopted by the Fifth Standing Council of the All China Lawyers Association and shall be implemented on a trial basis as of the date of promulgation。