China News Service, November 2nd. According to the website of the Supreme People’s Procuratorate on the 2nd, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Justice jointly issued the Opinions on the System and Mechanism of Improper Contacts Between Prosecutors and Lawyers (hereinafter referred to as the Opinions on Prohibition of Improper Interactions) and Opinions on Further Regulating the Practice of Lawyers by Retired Persons from Courts and Procuratorates (hereinafter referred to as Opinions on Regulating the Practice of Retired Persons) ").
The promulgation of the two "Opinions" is an in-depth implementation of Xi Jinping’s thoughts on the rule of law, advancing the comprehensive rule of law, and fulfilling the objective requirements of comprehensive and strict management of the party’s police management. It is of great significance to build a team of lawyers, to build a "pro" and "clean" relationship between judges, prosecutors and lawyers, to jointly maintain judicial integrity and justice, and to better shoulder the responsibility and mission of advancing the rule of law in a comprehensive manner.
The "Opinions on Prohibition of Improper Contacts" combines the new manifestations of improper contacts and contacts between judges, prosecutors and lawyers in recent years, and on the basis of the "three regulations" to prevent interference in the judicial system, it lists 7 types of improper contacts and contacts in the form of a negative list. Behaviors include prohibition of private contact, prohibition of intervening in the case, prohibition of introducing the source of the case, prohibition of profit transmission, prohibition of improper communication, prohibition of profit association, etc.
The "Opinions on Prohibition of Improper Interactions" put forward clear requirements for improving the mechanism for monitoring and investigating improper contacts and exchanges, strengthening judicial supervision and restriction mechanisms, strengthening the supervision mechanism for lawyers' practice, and promoting mechanisms for proper contacts and exchanges.
It is emphasized that courts, procuratorates, and judicial administrative agencies should establish and improve working mechanisms such as improper contact monitoring and early warning, clue transfer, and joint investigations.
The courts and procuratorates should improve the internal operating mechanism of judicial power and strictly implement the monthly reporting system of the "three regulations" to prevent interference in the judicial system.
Judicial administrative organs should strengthen the supervision of lawyers' practice, accelerate the construction of lawyers' honesty information disclosure platform, and promptly disclose information on the punishment and punishment of lawyers due to improper contacts and interactions, and regulate lawyers' risky agency behavior.
Courts, procuratorates, and judicial administrative agencies should strengthen the protection of lawyers’ rights to practice, implement a system for hearing lawyers’ defense representation, improve mechanisms to facilitate lawyers’ participation in litigation, and build an open and transparent communication platform for judges, prosecutors and lawyers.
The "Regulation of the Employment Opinions of Retired Persons" is based on the "Judges Law", "Prosecutors Law", "Lawyers Law", "Civil Servants Law" and the Central Organization Department's regulation of party and government leaders in enterprises Regulatory documents to further regulate the practice of law firms for outgoing personnel from courts and procuratorates.
The first is to improve the employment restriction system for outgoing personnel.
On the basis of reaffirming the general restrictions on the practice of lawyers by various types of courts and procuratorates, specific provisions have been made on the restrictions on courts and procuratorates who have been expelled from public officials, resigned from public officials and retirees to work in law firms.
Public officials who have been expelled from courts and procuratorates shall not engage in any work in law firms.
Retirees from the courts and procuratorates who do not violate relevant regulations on employment restrictions, and indeed need to engage in the profession of lawyers or serve as "legal consultants" or administrative staff of law firms due to their work, shall strictly implement the Central Organization Department’s "Regarding Further Regulation of Party and Government Leadership" The Opinions on the Issue of Part-time Employment of Cadres in Enterprises shall stipulate and review and approve procedures, and the relationship between administration and wages shall be transferred to the people’s courts and people’s procuratorates in a timely manner, and the various benefits of the agency will no longer be retained.
The second is to promote the establishment of a "two-way early warning" mechanism.
It is clarified that courts, procuratorates, and judicial administrative agencies should establish a database of outgoing personnel and the information database of outgoing personnel’s employment in law firms. Judicial administrative agencies rely on the database of outgoing personnel to strengthen the application of lawyers to practice and practice internships for courts and procuratorates. The review and control of registration. The court and the procuratorate rely on the information database of the outgoing personnel's practice in the law firm to strengthen the screening and supervision of the outgoing personnel who acted as agents and defenders in cases of violations of regulations.
The third is to improve the supervision mechanism for outgoing personnel working in law firms.
The judicial administrative organs and lawyers associations are required to strengthen the review and control of the application of lawyers by the courts and procuratorates who have left their posts.
The courts, procuratorates, and judicial administrative agencies should remind the outgoing personnel who are engaged in the profession of lawyers.
If the court or the procuratorate discovers that the lawyer acting as an agent ad litem or defender violates the regulations on the employment restrictions of outgoing personnel, it shall notify the party concerned to replace the agent ad litem or defender, and notify the judicial administrative agency in a timely manner.
The judicial administrative organs should strengthen the supervision of the outgoing personnel’s practice in the law firm, and the law firm accepts unqualified outgoing personnel to practice or work in the firm, or appoint the lawyers of the firm to act as litigation agents or defenders in violation of the regulations on practice restrictions. , And deal with it in accordance with laws and regulations.
The courts, procuratorates, and judicial administrative agencies shall regularly inspect the violations of the practices of outgoing personnel, and clean up in accordance with relevant regulations.
Opinions on Further Regulating the Practice of Lawyers in Courts and Procuratorates
Supreme People's Court, Supreme People's Procuratorate, Ministry of Justice
Notice on Issuing the "Opinions on Further Regulating the Practice of Lawyers in Courts and Procuratorates"
The higher people’s courts, people’s procuratorates, judicial departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, the Production and Construction Corps Branch of the Higher People’s Court of Xinjiang Uygur Autonomous Region, the People’s Procuratorates of Xinjiang Production and Construction Corps, and the Judicial Bureau:
The "Opinions on Further Regulating the Practice of Lawyers in Courts and Procuratorates" is hereby issued to you. Please implement them carefully in light of actual conditions.
Supreme People's Court Supreme People's Procuratorate Ministry of Justice
September 30, 2021
Opinions on Further Regulating the Practice of Lawyers in Courts and Procuratorates
Article 1 In order to thoroughly implement Xi Jinping’s thoughts on the rule of law, to conscientiously implement the "three regulations" to prevent interference in the judiciary, to further standardize the practice of lawyers for retired personnel from courts and procuratorates, to prevent the transfer of interests and linking of interests, and to effectively maintain judicial cleanliness and justice. The "Civil Servants Law of the People's Republic of China", "The Law of the Judges of the People's Republic of China", the "Prosecutor Law of the People's Republic of China", "The Lawyers Law of the People's Republic of China" and other relevant provisions, combined with actual conditions, formulate this opinion.
Article 2 This opinion applies to staff who have left their posts from the people’s courts and people’s procuratorates at all levels and who had the status of civil servants at the time of their resignation.
Resignation includes retirement, resignation from public office, expulsion, dismissal, transfer, etc.
The lawyers mentioned in this opinion refer to full-time and part-time lawyers who practice in law firms (including lawyers engaged in non-litigation legal affairs).
The "legal consultant" of a law firm mentioned in this opinion refers to a person who does not practice in the name of a lawyer, but provides legal advice and legal argumentation on related business fields or cases, or represents a law firm in carrying out coordination and business development activities.
The administrative staff of the law firm mentioned in this opinion refers to the staff employed by the law firm to engage in secretarial, financial, administrative, human resources, information technology, and risk management and control work.
Article 3 Retired personnel of people’s courts and people’s procuratorates at all levels who engage in the profession of lawyers or serve as “legal consultants” or administrative personnel of law firms shall strictly implement the "People's Republic of China Judge Law", "The People's Republic of China Procurator Law", The Law on Lawyers of the Republic" and relevant regulations on the administration of civil servants.
Retired personnel from people’s courts and people’s procuratorates at all levels shall not serve as agents ad litem or defenders in the capacity of lawyers within two years after leaving their posts.
Retired people from people’s courts and people’s procuratorates at all levels shall not serve as agents ad litem or defenders in cases handled by the people’s courts or people’s procuratorates in their original posts for life, unless they act as guardians or close relatives of the parties involved in litigation or defense.
Article 4 Persons expelled from the People's Court or People's Procuratorate, and those who have resigned from their public office or retire from the People's Court or People's Procuratorate, in addition to complying with the provisions of Article 3 of these Opinions, shall also comply with the following requirements:
(1) Staff members of people's courts and people's procuratorates who have been expelled from public office shall not engage in any work in a law firm.
(2) People’s courts and people’s procuratorates who have resigned or retired, senior judges and prosecutors at the fourth level and above, and trial and prosecutorial assistants at or above the fourth level, senior judges’ assistants, prosecutor’s assistants and above, and equivalent levels of trial and prosecutorial staff who have resigned During the year, other people’s courts and people’s procuratorate staff who resigned or retired from their posts were not allowed to work as lawyers or serve as “legal consultants” or administrative personnel in law firms within the jurisdiction of the people’s courts or people’s procuratorates. It is not allowed to engage in paid legal service activities related to the original people’s courts and people’s procuratorates as a lawyer.
(3) If retirees from the People’s Court or the People’s Procuratorate do not violate the restrictions on employment in the preceding paragraph, if they do need to engage in the profession of lawyers or serve as “legal consultants” or administrative staff of law firms due to their work, they shall strictly comply with the Organization Department of the Central Committee of the Communist Party of China. The "Opinions on Further Regulating the Part-time (holding) of Party and Government Leading Cadres in Enterprises" (Zhong Group [2013] No. 18) stipulates and approves procedures, and promptly transfers the relationship between administration and wages to the people’s courts and people’s procuratorates. Then retain the various treatments of the agency.
Article 5 Retired people from people’s courts and people’s procuratorates at all levels shall not use any form to bridge the improper contacts between judges, prosecutors and lawyers, or act as judicial brokers; they shall not use hidden agents, etc., to circumvent restrictions on employment and provide illegally legal service.
Article 6: Staff members of people’s courts or people’s procuratorates who intend to take up the profession of lawyers or serve as “legal consultants” or administrative staff of law firms after leaving their posts shall report their careers to the people’s court or people’s procuratorate where they are located and sign The letter of undertaking promises to comply with the restrictions on the practice and to actively report changes in the practice during the restricted period.
When retiring people’s courts and people’s procuratorates apply for lawyers’ internship registration with the lawyers’ associations, they shall take the initiative to report their previous work in the people’s courts and people’s procuratorates and make a commitment to abide by restrictions on their employment.
Article 7 Lawyers’ associations shall strictly review the applications for registration of internships by retired people’s courts and people’s procuratorates, solicit the opinions of the original people’s courts and people’s procuratorates as to whether the applicants are unsuitable to engage in the profession of lawyers, and deal with those who do not meet relevant requirements. No internship registration is allowed.
The judicial administrative organs shall strictly examine and verify the practice of lawyers when applying for approval by the people’s courts and the people’s procuratorates for the practice of lawyers. Those who do not meet the relevant requirements shall not be approved to practice.
Article 8 The people’s courts and people’s procuratorates at all levels shall talk to themselves before leaving their posts, remind them to strictly abide by the regulations on employment restrictions, inform them of the legal liabilities they should bear for illegal employment, and advise them to make adjustments if they do not comply with the regulations on employment restrictions. Employment intention.
When making a decision to approve the resignation of the people’s court or the people’s procuratorate to engage in the profession of lawyers, the judicial administrative organs shall talk to them, remind them to strictly abide by the regulations on practice restrictions, and inform them of the legal responsibilities they should bear when practicing in violation of regulations.
Article 9: People’s courts and people’s procuratorates at all levels, in the process of handling cases, discover that the lawyer acting as an agent ad litem or defender violates the provisions of the people’s court or the people’s procuratorate’s employment restrictions on former personnel, they shall notify the party concerned to replace the agent ad litem or defender. And promptly notify the judicial administrative agency.
Judicial administrative organs should strengthen the supervision and management of practitioners in law firms after leaving the People’s Court and the People’s Procuratorate, through complaints and reporting investigations, "double random and one open" spot checks, etc., to promptly discover clues to the violations of laws and regulations by the departing personnel and follow the law. Make a deal.
Article 10 A law firm shall effectively perform its responsibility for supervision and management of the lawyers and staff of the firm, and shall not accept unqualified people’s courts or people’s procuratorates to practice or work in the firm, and must not assign lawyers of the firm to violate the restrictions on employment. Acting as litigation agent and defender.
If a law firm violates the above-mentioned provisions, the judicial administrative agency shall deal with it in accordance with laws and regulations.
Article 11 The people's courts and people's procuratorates at all levels shall establish an information database for outgoing personnel and realize the connection with the lawyer management system.
Judicial administrative organs shall rely on the information database of retired personnel to strengthen the review and control of applications by the people’s courts and people’s procuratorates to practice as lawyers.
Judicial administrative organs at all levels shall, in conjunction with the people’s courts and people’s procuratorates, establish an information database on the practice of former people’s courts and people’s procuratorates working in law firms, and an information database on the practice of lawyers by close relatives of people’s courts and people’s procuratorates, and to establish a relationship with the people’s courts. , The People's Procuratorate's case filing and case handling system docking.
People's courts and people's procuratorates should rely on relevant information databases to strengthen the screening and supervision of outgoing personnel acting as agents or defenders in cases in violation of regulations, and do a good job in avoiding the staff of the people's courts and people's procuratorates.
Article 12 The people’s courts, people’s procuratorates, and judicial administrative organs at all levels shall regularly inspect the illegal practices of the people’s courts and people’s procuratorates in law firms and conduct liquidation in accordance with relevant regulations.
For retired people’s courts or people’s procuratorates who engage in the profession of lawyers in violation of regulations or act as “legal consultants” or administrative staff of law firms, the judicial administrative organs shall require them to apply for cancellation of lawyer’s practice certificates and terminate labor and labor relations with the law firm within the specified time. ; If there is no active application for cancellation of the practice certificate or termination of the labor and labor relationship within the specified time, the judicial administrative agency shall cancel the practice certificate according to law or order the law firm to terminate the labor and labor relationship with it.
Prior to the issuance of this opinion, people’s courts and people’s procuratorates who have worked in law firms have been in accordance with the “Opinions on Further Regulating the Part-time Employment (Employment) of Party and Government Leading Cadres in Enterprises” issued by the Organization Department of the Central Committee of the Communist Party of China. No. 18) Relevant regulations are dealt with.
The responsible comrades of the Supreme People’s Court, the Supreme People’s Procuratorate, and the relevant departments of the Ministry of Justice have commented on the Opinions on Establishing and Improving the System and Mechanism for Prohibiting Improper Contact Between Judges, Prosecutors and Lawyers Opinion" Answering a reporter's question
The Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Justice have jointly issued the "Opinions on Establishing and Improving the System and Mechanism for Prohibiting Improper Contacts Between Judges, Prosecutors and Lawyers" and "Regarding Further Regulations". The Opinions of the Retired People from the Court and the Procuratorate Engaging in the Profession of Lawyers. The Supreme People’s Court, the Supreme People’s Procuratorate, and the relevant departments of the Ministry of Justice answered questions from reporters on the two Opinions.
Question: Please introduce the background and significance of the two "Opinions".
答：法官、检察官与律师都是社会主义法治工作队伍的重要组成部分，是全面依法治国的重要力量。党的十八大以来，习近平总书记对建设德才兼备的高素质法治工作队伍多次作出重要指示，对规范法官、检察官与律师接触交往提出明确要求，为加强法官、检察官和律师队伍建设指明了方向，提供了根本遵循。为认真贯彻落实习近平总书记重要指示精神，在中央政法委的领导下，2015年最高人民法院、最高人民检察院、公安部、国家安全部、司法部等部门联合出台了《关于进一步规范司法人员与当事人、律师、特殊关系人、中介组织接触交往行为的若干规定》，划定了法官、检察官等司法人员与律师接触交往的底线红线。最高人民法院、最高人民检察院、司法部先后就法院、检察院领导干部和审判、执行、检察人员任职回避，规范法官、检察官与律师接触交往，加强律师执业监管等出台了一系列规范性文件，取得了积极成效。但从近年来查处的一些司法人员违纪违法案件看，法官、检察官与律师不正当交往问题依然突出，严重损害了法官、检察官和律师队伍形象，严重影响了司法公正和司法权威。今年，党中央决定开展全国政法队伍教育整顿，把“法院、检察院离任人员违规从事律师职业、充当司法掮客”作为政法系统“六大顽瘴痼疾”之一，开展重点整治。为健全完善禁止法官、检察官与律师不正当接触交往，规范法院、检察院离任人员从事律师职业相关制度机制，推动长效常治，实现标本兼治，织密织牢制度笼子，司法部会同最高人民法院、最高人民检察院研究制定了《关于建立健全禁止法官、检察官与律师不正当接触交往制度机制的意见》(以下简称《禁止不正当交往意见》)《关于进一步规范法院、检察院离任人员从事律师职业的意见》(以下简称《规范离任人员从业意见》)，进一步细化了法官、检察官与律师接触交往负面清单，健全了禁止不正当接触交往的工作机制，完善了法院、检察院离任人员在律师事务所从业制度机制。两个《意见》的出台是深入贯彻习近平法治思想、推进全面依法治国、落实全面从严管党治警的客观要求，是全国政法队伍教育整顿的重要制度成果，对于全面加强法官、检察官与律师队伍建设，构建法官、检察官与律师“亲”“清”关系，共同维护司法廉洁和司法公正，更好地肩负起推进全面依法治国的职责使命，具有重要意义。
Question: What is the general idea of formulating the two "Opinions"?
Answer: The formulation of the two "Opinions" adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, in-depth study and implementation of Xi Jinping's thoughts on the rule of law and the spirit of General Secretary Xi Jinping’s "July 1" speech, and conscientiously implement General Secretary Jinping’s political and legal team building and The important guiding spirit of lawyers’ work is to insist on scientific planning, top-level design, categorized policy implementation, and both symptoms and root causes. It is based on solving the most prominent and most urgent problems at present, seeking symptomatic treatment, and focusing on improving and perfecting long-term mechanisms, and striving to tackle the root causes and root causes.
The first is to adhere to political leadership and highlight directionality.
The two "Opinions" thoroughly implement Xi Jinping's rule of law, adhere to the leadership of the party, adhere to the road of socialist rule of law with Chinese characteristics, implement the "three regulations" to prevent interference in the judicial system, and regulate the contacts and interactions between judges, prosecutors and lawyers, and the resignation of courts and procuratorates Making comprehensive and systematic regulations for personnel engaged in the profession of lawyers is conducive to building a loyal, clean and responsible political and legal iron army and building a team of high-quality lawyers with political firmness, exquisite professionalism, upholding justice, and abide by integrity, and strive to make the people feel in every judicial case To fairness and justice.
The second is to persist in rectifying chronic diseases and highlight the orientation.
The improper contact between judges, prosecutors and lawyers is a “cancer” that affects judicial integrity and justice, directly eroding judicial authority and credibility, and detracting from the people’s sense of the rule of law.
Judging from the typical cases that have occurred in recent years, some lawyers "hunt around" judicial personnel and transfer interests, some judicial personnel introduce the source of cases to lawyers, and actively "power rent-seeking", and those who have left the courts and procuratorates are improper contacts. There are some who acted as bridges in communication and acted as judicial brokers, which caused a bad social impact, and the masses of the people reacted strongly.
The two "Opinions" directly point to the most prominent issues in the current contacts and exchanges between judges, prosecutors and lawyers, demonstrating the firm determination to strengthen justice, rectify stubborn diseases, and maintain judicial justice.
The third is to adhere to the problem-oriented approach and focus on pertinence.
In 2020, the Ministry of Justice, the Supreme Court and the Supreme Procuratorate will form a joint research team to conduct special investigations on the improper contacts between judicial personnel and lawyers in 10 provinces (municipalities) across the country.
From the survey, the current methods of improper contact between judges, prosecutors and lawyers are more diverse, the form of benefit transmission is more concealed, and the problems of difficulty in finding clues, problem definition, and effective investigation and punishment are more prominent.
The two "Opinions" adhere to the problem-oriented approach, and focus on plugging management loopholes and improving management loopholes and improvements in response to problems such as unclear boundaries between legitimate and improper interactions, improper monitoring and investigation mechanisms found in improper contacts and interactions, and imperfect restrictions on the practice of outgoing personnel in courts and prosecutors Standardize the system and improve the working mechanism.
The fourth is to adhere to system integration and highlight practical results.
The two "Opinions" have fully implemented the typical practices of various localities and departments in implementing the "Three Regulations" to prevent interference in the judiciary in recent years, the beneficial explorations of the national political and legal team education and rectification pilots last year, and the first batch of innovative practices in the education and rectification of the political and legal teams. Absorption and system integration not only reflect the existing provisions of the Judges Law, the Prosecutors Law, the Lawyers Law, and the Civil Servants Law, but also the latest requirements for strengthening the management of public officials, strengthening integrity and discipline, and regulating the practice of lawyers in recent years , The definiteness, the refinement and refinement, strive to be easy to operate, pragmatic and effective.
Question: Who are the two "Opinions" applicable to?
Answer: The "Provisions on Further Regulating the Contact and Exchange Behaviors of Judicial Personnel and Clients, Lawyers, Persons with Special Relations, and Intermediary Organizations" promulgated in 2015 and the implementation rules of relevant departments are mostly only applicable to courts and procuratorates to perform trials, executions, and procuratorials in accordance with the law. Responsible personnel and lawyers.
However, judging from the typical cases that have occurred in recent years, judicial administrators in some courts and procuratorates, as well as law firm administrators, and "legal consultants" have often become important roles in acting as judicial brokers and implementing "invisible agents."
For this reason, the "Opinions on Prohibition of Improper Interactions" clearly stipulate that the "Opinions" apply to both courts and procuratorates at all levels who perform trial, execution, and procuratorial duties in accordance with the law and lawyers, as well as judicial administrators and lawyers in courts and procuratorates. Office administrators, "legal advisors".
The "Regulations on the Practice of Retired Persons" applies to all persons who have resigned from courts and procuratorates and had the status of civil servants at the time of their resignation. They are not limited to the leading cadres of the courts and procuratorates, nor are they limited to judges and prosecutors. Resignation includes retirement and resignation. Circumstances such as public office, expulsion, dismissal and transfer; full-time and part-time lawyers, administrative staff and "legal consultants" who practice in law firms are also included in the normative targets of the "Regulations on the Practice of Retired Persons".
Question: What measures does the "Opinions on Prohibition of Improper Interactions" propose to improve the system and mechanisms that prohibit judges, prosecutors and lawyers from improper contacts and exchanges?
Answer: On the one hand, the "Opinions on Prohibition of Improper Interactions" strengthens the supply of the system, tightly tightens the cage of the system that prohibits judges, prosecutors and lawyers from improper contact with each other, and strives to make up for shortcomings and plug loopholes, and on the other hand, it focuses on long-term governance. , Improve and improve the working mechanism that prohibits improper contact and communication, so that the relevant systems can truly grow teeth and play a role.
在完善制度上，《禁止不正当交往意见》结合近年来法官、检察官与律师不正当接触交往新的表现形式，在防止干预司法“三个规定”基础上，以负面清单形式详细列举了7种不正当接触交往行为。一是禁止私下接触。严禁法官、检察官在案件办理过程中，非因办案需要且未经批准在非工作场所、非工作时间与辩护、代理律师接触。二是禁止插手案件。严禁法官、检察官为律师或者律师事务所请托说情、打探案情，为案件承办法官、检察官私下会见案件辩护、代理律师牵线搭桥，违规为律师或者律师事务所转递涉案材料、泄露案情、出具专家意见等。三是禁止介绍案源。严禁法官、检察官为律师介绍案件，为当事人推荐、介绍律师，要求或者暗示当事人更换符合代理条件的律师等。四是禁止利益输送。严禁法官、检察官向律师索贿、接受律师行贿，索取或者收受律师借礼尚往来、婚丧嫁娶等赠送的各类财物，向律师租借房屋、交通工具或其他物品，接受律师吃请、娱乐等可能影响公正履行职务的安排等。五是禁止不当交往。严禁法官、检察官非因工作需要且未经批准，擅自参加律师事务所或者律师举办的讲座、培训、论坛、开业庆典等活动。六是禁止利益勾连。严禁法官、检察官与律师“合作”经商办企业，默许纵容其配偶、子女及其配偶在律师事务所担任“隐名合伙人”、违规取酬，向律师或律师事务所放贷收取高额利息等。七是设置兜底条款。严禁法官、检察官与律师进行其他可能影响司法公正和司法权威的不正当接触交往行为。同时，对严禁律师事务所及其律师从事与上述行为相关的不正当接触交往行为作出明确规定。
在健全机制上，《禁止不正当交往意见》从健全不正当接触交往监测发现查处机制、加强司法监督制约机制、强化律师执业监管机制、推动正当接触交往机制等四个方面，力求打造严禁不正当接触交往的监管闭环。一是健全不正当接触交往监测发现查处机制。为解决不正当接触交往监测难、发现难、查处难问题，《意见》明确提出要建立健全动态监测机制、线索移送机制、联合查处机制。各级法院、检察院和司法行政机关要依托信息化手段，对法官、检察官承办的案件在一定期限内由同一律师事务所或者律师代理达到规定次数的启动预警机制，除非有正当理由排除不正当交往可能的，依法启动调查程序。各级法院、检察院和司法行政机关、律师协会发现不正当接触交往问题线索的，应当按照规定及时将涉及法官、检察官和律师的问题线索移送相关法院、检察院、司法行政机关或者纪检监察机关。各级法院、检察院与司法行政机关可以组成联合调查组，对不正当接触交往问题共同开展调查，对查实的问题分别依法依规依纪作出处理。此外，《意见》还对加强法官、检察官和律师职业道德培训和警示教育作出了规定。二是加强司法监督制约机制。各级法院、检察院要完善司法权力内部运行机制，防止法官、检察官滥用自由裁量权。强化内外部监督制约，将法官、检察官与律师接触交往纳入司法巡查、巡视巡察和审务督察、检务督察范围。严格落实防止干预司法“三个规定”月报告制度，及时发现违纪违法线索。三是强化律师执业监管机制。各级司法行政机关要加强律师和律师事务所年度考核、完善律师投诉查处机制等，强化日常监督管理。加快律师诚信信息公示平台建设，及时向社会公开律师与法官、检察官不正当接触交往受处罚处分信息，强化社会公众监督。规范律师风险代理行为，避免风险代理诱发司法腐败。压实律师事务所监管责任，对律师事务所指使、纵容或者放任本所律师及“法律顾问”、行政人员与法官、检察官不正当接触交往的依法依规处理。四是推动正当接触交往机制。在禁止法官、检察官与律师不正当接触交往的同时，《意见》也对建立健全推动正当接触交往机制提出了明确要求，包括加强律师执业权利保障，落实听取律师辩护代理意见制度，最大限度减少不正当接触交往空间；通过同堂培训、联席会议、学术研讨、交流互访等方式，为法官、检察官和律师搭建公开透明的沟通交流平台；探索建立法官、检察官与律师互评监督机制，推荐优秀律师进入法官、检察官遴选和惩戒委员会，支持律师担任人民法院、人民检察院特邀监督员，共同维护司法廉洁和司法公正。
Question: In what aspects does the "Opinions Regarding the Practice of Retired Persons" further regulate the practice of lawyers by courts and procuratorates?
Answer: The "Regulations Regarding the Practice of Retired Persons" is based on the "Judges Law", "Prosecutors Law", "Lawyers Law", "Civil Servants Law" and the Central Organization Department's regulation of party and government leading cadres in enterprises (holdings), and civil servants who resign from public positions. Relevant normative documents clarify the restrictive regulations for various types of courts and procuratorates to work in law firms, clarify the restrictions on the industry, and achieve policy convergence.
The specifications are mainly carried out from the following four aspects:
(1) Reiterate general restrictions on employment.
In accordance with the Law on Judges, the Law on Prosecutors, and the Law on Lawyers, combined with the relevant provisions of the Supreme People’s Court on the application of the interpretation of the Criminal Procedure Law of the People’s Republic of China, it is clear that retired personnel from courts and procuratorates at all levels shall, within two years after leaving office, Not allowed to act as agent ad litem or defender in the capacity of a lawyer; retired personnel from courts and procuratorates at all levels shall not serve as agents ad litem or defender for the original people’s courts or people’s procuratorates in handling cases for life, but act as guardians or close relatives of the parties to represent litigation or conduct litigation. Except for defense.
(二)对三类离任人员作出具体规定。依据《公务员法》《律师法》和中组部《关于进一步规范党政领导干部在企业兼职(任职)问题的意见》(以下简称“中组发【2013】18号”文件)等，对被开除、辞去公职、退休三类离任人员从业限制作出具体规定。一是被开除人员。《律师法》第七条规定，对被开除公职人员，不予颁发律师执业证书。本着从严的原则，《规范离任人员从业意见》在上述规定基础上，禁止法院、检察院被开除公职的人员在律师事务所从事任何工作。二是辞去公职人员。《公务员法》第一百零七条对公务员辞去公职后从业作出了限制性规定。依据该规定，结合法院、检察院辞去公职人员实际，《规范离任人员从业意见》明确，辞去公职的法院、检察院领导班子成员，四级高级及以上法官、检察官，四级高级法官助理、检察官助理以上及相当职级层次的审判、检察辅助人员在离职三年内，其他辞去公职的法院、检察院工作人员在离职二年内，不得到原任职法院、检察院管辖地区内的律师事务所从事律师职业或者担任“法律顾问”、行政人员等，不得以律师身份从事与原任职法院、检察院相关的有偿法律服务活动。三是退休人员。党的十八大以来，中组部等有关部门先后就党政领导干部退休后在企业兼职(任职)出台了一系列规范性文件，2018年修订的《公务员法》也作出了相关规定。但实践中，仍有一些法院、检察院退休人员违规从事律师职业或者担任律师事务所“法律顾问”、行政人员，利用原职务的影响和便利进行利益输送、影响案件依法办理。为此，《规范离任人员从业意见》明确，法院、检察院退休人员到律师事务所从业的，除依据《公务员法》第一百零七条执行与上述辞去公职人员相同的从业限制规定外，还应当严格执行“中组发【2013】18号”文件的规定和审批程序，并及时将行政、工资等关系转出法院、检察院，不再保留机关的各种待遇。
(三)推动建立“双向预警”机制。实践中，法院、检察院和司法行政机关对离任人员在律师事务所从业信息掌握不对称问题比较突出，司法行政机关对法院、检察院离任人员情况不完全掌握，法院、检察院对离任人员在律所从业情况也不完全掌握，导致这类人员经常处于监管“真空”。对此《规范离任人员从业意见》提出，法院、检察院与司法行政机关要建立离任人员信息库和离任人员在律师事务所从业信息库，司法行政机关要依托离任人员信息库，加强对法院、检察院离任人员申请律师执业和实习登记的审核把关，法院、检察院要依托离任人员在律所从业信息库，加强对离任人员违规担任案件诉讼代理人、辩护人的甄别、监管。
(4) Improve the supervision mechanism for outgoing personnel working in law firms.
The "Regulation of the Employment Opinions of Departed Persons" puts forward clear requirements for the establishment and improvement of a mechanism for reviewing and reminding the practice of departed persons' practice report, a mechanism for supervision of the practice of departed persons, and a mechanism for regular clearance of illegal practices.
The first is to improve the mechanism for reviewing and reminding outgoing personnel’s practice reports.
Staff of courts and procuratorates who intend to work in law firms after leaving their posts shall promptly report where they are doing and make a commitment to abide by the regulations on restrictions on work.
Judicial administrative organs and lawyers associations should strengthen the review and control of the application of lawyers by the courts and procuratorates, and solicit the opinions of the original courts and procuratorates on whether the applicants are unsuitable to engage in the profession of lawyers.
The courts, procuratorates, and judicial administrative agencies shall give reminders to outgoing personnel engaged in the profession of lawyers.
The second is to improve the supervision mechanism for the employment of outgoing personnel.
Where courts and procuratorates at all levels discover that a lawyer acting as an agent ad litem or defender violates the regulations on the employment restrictions of outgoing personnel, they shall notify the party concerned to replace the agent ad litem or defender, and promptly notify the judicial administrative agency.
The judicial administrative organs should strengthen the supervision of the outgoing personnel's employment in the law firm, and find clues about violations of laws and regulations in a timely manner and deal with them in accordance with the law by means of complaints, report investigations, and "double random and one open" spot checks.
Consolidate the supervision responsibilities of law firms, and if the law firm accepts unqualified outgoing personnel to practice or work in the firm, or assigns lawyers of the firm to act as agents ad litem or defender in violation of the regulations on practice restrictions, the judicial administrative agency shall comply with laws and regulations. deal with.
The third is to improve the regular clean-up mechanism for illegal practitioners.
The courts, procuratorates, and judicial administrative organs shall regularly conduct inspections of outgoing personnel's illegal practices, and sort them out by category.
For retired personnel from courts or procuratorates who engage in the profession of lawyers or act as "legal consultants" or administrative personnel of law firms in violation of regulations, the judicial administrative organs shall require them to apply for cancellation of lawyer's practice certificates, termination of labor and labor relations with law firms, or cancellation of their practice in accordance with the law Certificate or order the law firm to terminate the labor service relationship with it.
For the retirees of courts and procuratorates who have worked in law firms before the issuance of the "Regulations on the Practice of Retired Persons", they shall be dealt with in accordance with the relevant provisions of the "Zhong Group [2013] No. 18" document.
Question: What are the considerations for the implementation of the two "Opinions" in the next step?
Answer: The implementation of the two "Opinions" is an important task for the education and rectification of the political and legal team. It is a key measure to resolutely rectify stubborn diseases and maintain judicial integrity and justice. It requires the concerted cooperation and coordinated advancement of all relevant parties to ensure the two "Opinions." Realize and see practical results.
To this end, we must focus on the following tasks:
One is to organize learning and publicity.
Courts, procuratorates, and judicial administrative agencies at all levels should incorporate the study and implementation of the two "Opinions" into the overall deployment of the education and rectification of the political and legal teams and the special management of outstanding issues in the lawyer industry, effectively strengthen policy interpretation and publicity and reporting, and organize the staff of courts and procuratorates and the general public. Lawyers earnestly study and deeply understand the essence, important measures and work requirements of the two "Opinions", and effectively unify their thoughts and actions into the decision-making and deployment of the Party Central Committee and the two "Opinions" requirements, and continuously strengthen political consciousness, ideological consciousness and action consciousness .
The second is to strictly investigate and clean up.
Courts, procuratorates, and judicial administrative agencies at all levels should follow the spirit and requirements of the two "Opinions" to deal with the problems of improper contact between court and procuratorate staff and lawyers discovered in the education and rectification of the political and legal teams and the special management of outstanding problems in the lawyer industry. Investigate and handle, release typical cases in due course, send a strong signal to the society to rectify chronic diseases, and form a high-pressure situation that prohibits improper contact and communication.
At the same time, various types of outgoing personnel from courts and procuratorates who engage in the profession of lawyers or serve as legal consultants or administrative assistants in law firms shall be sorted out according to the situation, the correct policies, and the categories.
In the clean-up work, courts, procuratorates, and judicial administrative agencies at all levels must communicate and cooperate closely, and jointly do a good job in policy interpretation, issuance of certification, and coordination and coordination.
The third is to form a joint force of work.
The life of the system lies in its implementation.
To promote the real implementation of the two "Opinions", the establishment and improvement of related working mechanisms is the key.
Whether it is to improve the mechanism for prohibiting improper contact and communication, or to improve the regulation of the restrictions on the employment of outgoing personnel, it is necessary for courts, procuratorates and judicial administrative agencies at all levels to work together to manage, link up, and coordinate and interact.
Courts, procuratorates, and judicial administrative agencies at all levels should fully rely on platforms such as joint meetings and regular meetings to strengthen communication and coordination and information exchange, jointly promote and improve related working mechanisms, and implement the detailed two "Opinions" and the system and regulations to truly take shape Supervision combined forces to transform institutional advantages into governance efficiency.