Platform established to protect lawyers' rights

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."