Weeks Commander: practice some problems to the survival and Development Forum on lawyers will I want to say in Shenzhen
 

     I was a trainee solicitor Zhou Zhengfeng. Although I am 09 years April internship period is up, is going to apply for the practice, but some words I feel or to talk about good lawyers association. We try to communicate, is to peruse would work better in the future, the trainee solicitor little take some detour.
 

A trainee solicitor, hope that the training time can be several months in advance notice, let practice lawyers have certain ideological preparation, well in advance of the relevant arrangements. If necessary, not only to every year held a centralized training, now Shanghai, Beijing is several times a year, small classes. 08 years of Guangzhou due to too many people, a training site is not enough, we held two times.
 

     I don't hope as well as my 08 years at home to marry just half, hurried to the training situation continue to occur. I am 08 years in August to get married at home, both sides far apart, put three field house wine, a woman, a woman's unit, a. Originally arranged well, time conflict afraid and IBA lawyer centralized training practice, in June I called to ask the staff member, is do not know the specific training time. Then I also specialized in IBA forum registration, made a message asking what time training, the result is not to know at once, to get the final or conflict. In August 8th, just after my first game, a colleague phoned me and said the Association issued announcement No. 12 to sign up for training. I No. 10 through second wine hurried to Shenzhen for training, third wine so down.
 
     Now the association is a unit, intern training is a routine work of the association, is must do every thing, so be sure to do rule-based, to do the work in advance. Hope there are some lawyers association annual work plan every year, like others school mid-term, final exam that year, some must do, to give you a rough time, the practice of lawyers to do their own thing to make reasonable arrangements. So this is also so for other lawyers each year must do. This is called the law in the legal predictability.
 
 Two, hope the activity time arrangement practice lawyers, including training time, principle and shall not arrange in the evening, the latest must be finished before 8 p.m..

 
     Because we practice law environment of Shenzhen is not very familiar with, some of us, came to Shenzhen, where some haven't heard, not to mention there. Arrange some activities in the evening may be a personal security problems, especially for some live outside the practice of lawyers, law and order situation outside all know. Hope the intern training do not like 08 years in August 7 at night until nine thirty examination, this is I to all our trainee lawyer safety based on my personal experience, put forward, hope Lvxie attention to this problem. I in August after the exam, don't feel in the heart on the way home, the road also witnessed the accident, I was stuck in traffic for a long time, back to the place, is the night, the night of the Shenzhen customs what happens, believe that need not I say more.


   Three, the association forum "a three years off the development of many people!!! (please attention) "mentioned in the post is the problem --" Shenzhen City internship management measures (Trial) "the provisions of the fifth lawyers in practice lawyers received lawyer should set up" three years "and the sixth provisions in practice lawyers must" for the city of full-time practice five years or above".

     I personally think that such regulations are outrageous, not conducive to the cultivation of qualified personnel of Shenzhen lawyer, proposed to amend the. Do the practice lawyers access threshold artificially raised a standard, and the "Lawyers Law", "administrative licensing law" and the National Lawyers Association formulated "apply for legal practitioners practice management rules (Trial)" the relevant provisions do not match, may eventually become the Shenzhen lawyers association is a lawsuit defendant the. I want to also is not willing to as the infringing party to the defendant to appear in the news.

     Now some firms take this as an opportunity to improve the guide fee, is actually increased the burden of trainee lawyer, is the original is the livelihood practice lawyers more difficult. Subsequent to the practice in Shenzhen, we must pay a fee to the firms, thus, option practice into one-way choice, practice lawyers want to give certain salary. Not to mention. In the not so strict restrictions before a trainee lawyer salary -- without pay is normal, given the wage is the exception, it is not hard to imagine what it would be like after.

     Some people say that "law people not law as the association forum, then people do not abide by the law". Enterprises and institutions in the development of the vital interests involved staff rules and regulations, the law also requires managers to seek as the views of staff, otherwise no effect on employee. In the formulation of the rules also asked the trainee lawyer and lawyer's opinion?

     We peruse in foreign publicity for 08 years we peruse achievements, always did not forget the 08 years of the September Shenzhen lawyers to the Shenzhen Municipal People's Congress to participate in legislation, legislation before the debate as a bright spot, say this is how good. In September 08, composed of specialized lawyers association debate, legislative debate on the "Shenzhen Special Economic Zone Radio Management Bill" on behalf of the interests of all parties in the National People's congress. When why we peruse their vital interests in the introduction to the practice of lawyers and law of the industry measures, not only did not go hearing procedure related, no organization related to the interests of all parties to the debate. I want to know, why the legislative debate Association initiated mechanism in yourself how did not reflect a bit? How to turn their own rules, not wide open, public debate?
 
     The relevant media reports Shenzhen lawyers to participate in the Shenzhen Special Economic Zone Radio Regulations draft legislative debate last paragraph is written like this -- this is a professional and technical legislation, but the president of the Shenzhen Lawyers Association Li Chun said: "the people 'appetite' has been mobilized." "Now can only say that after a certain point, will become a trend, not fire was soon over, such as medical education and the wide public transportation benefit related legislation, the formation of a mature system of legislative debate, even can carry on the legislation legislative debate the program itself." Li Chun said.
 

 Four, the relevant practice lawyers social security issues, said now is not in place to pay social security practice, apply for the practice not through. Can the judicial organ and IBA were not related to specific documents issued by the law firms, we practice lawyers know the source of this message is the person to person transmission, we don't know the true and false.
 
     A while ago I went to ask the Luohu pipe department, said that judicial department telephone to apply for social security practice provide list. I personally went to the bar association in March 30th asked for practice to accept the material related Secretariat staff, the answer is, according to the Ministry of justice and 111 orders and Guangdong Provincial Department of justice law firm internship management measures.
 
     I looked at the relevant provisions, the Ministry of justice on July 18 issued 111st orders "law firm management approach" in article thirty-sixth says "partnership law firms and state funded the establishment of a law firm shall be in accordance with the provisions of its lawyers and support staff to unemployment, pension, medical and other social insurance. Hire personal lawyer and auxiliary personnel, according to the provisions of the preceding paragraph shall apply for social insurance for their." "Guangdong Provincial Department of justice law firm internship management measures" conference hall (Guangdong provincial director of the office in March 2, 2005 by regulation practice lawyers about) twenty-third rights, fifth of which are under way, "(five) to receive remuneration, enjoy social insurance and welfare;"
 
     While the "Guangdong Provincial Department of law firm assistant personnel management approach" (started in February 27, 2006) second is provided, "said auxiliary personnel as used in these measures employed in the law firm, specializing in administrative management, financial management or paralegal staff, not including the lawyer, practice law." On the basis of "lawyer law" second, second "as mentioned in this Law refers to the law, obtained a lawyer's practice certificate according to law, authorized or designated, to provide legal services for a client practitioners." The lawyer is a lawyer with a licensed not including trainee lawyer.
 
     These Provisions are compulsory requirements for firms to practice this, lawyers should be right, but not the obligation. We all know that right can give up, must fulfill the obligations. Don't take not to practice law of labor remuneration and social insurance of the board in the relevant law body, shall not give practice attorneys' fees, not to apply social insurance firms should be what punishment, but the board has been violated in the right practice lawyers, said not to buy the social security is not to do a practicing certificate, it said the past? Why don't you set, not to practice law compensation and buy social insurance firms inspection shall not pass? Do not you first mandatory law firms have to practice law of wages, it is the first requirement exercitation lawyer must pay social security, Is it right? Somewhat have the order reversed? We practice law a lot of no wages, even the survival of at least a problem, now a month he must the insurance money, what is this thing.
 
     The social security order requests at the hall of justice and open practice application materials to be submitted and no relevant provisions. Now the Department of justice in the related materials also did not modify the practice application materials required to provide the former, secretly to do so, I personally think that the information belongs to the administrative license is not open, is not in conformity with the relevant provisions of the law of administrative license. Even really have the corresponding provisions, you should also file notice first made a normative, changed the requirements to the original application materials.
 
     If strict according to "administrative licensing law", the Department of justice to do so may eat the administrative lawsuit. Before is not pay social security can also apply for the practice, not this year, our 08 years of this batch of when to do the internship certificate, still belongs to administrative license, apply for an internship when we didn't submit security considered legitimate, and now think is not legitimate, the who will protect the rights, I personally think that to do so is a violation of administrative permission law. Our practice is not wrong, this is who should bear the responsibility? Don't want us and law and judicial administrative departments lawsuit rights, practice your hand?
 
    The problem is now also for us to solve the problem must be. Unless you want to let us into the administrative litigation rights of the road.

 
     Five, "practice lawyer assessment operational guidelines on the management of" the provisions are not reasonable.

   "After the exercitation expires, the law firm shall submit to the administrative committee practice lawyers practice materials identification, the member of the audit in accordance with the conditions of the CMC in examination, examination management office to submit in law firms perform specialized examination within 25 working days after the materials, and issue examination opinions. Avoidance system implements the inspection work, responsible for the implementation by the secretariat." " for conditions -- practice lawyers practice after the expiration of 3 months, received the law firm internship should be submitted to the examination."
 
     One year after the re evaluation practice, this is not reasonable. Haven't seen that in 4 years, but in fifth years at the graduation examination. To assessment must also end when the internship evaluation, "this Is it right? Equivalent to extend the internship practice after the expiration of 3 months.". On the basis of some internship agreement, after a year of internship practice lawyers and in no relationship. Practice law practice after the expiration of 3 months, the firm can submit the examination application. I want to ask this to extend the internship period of delay costs me who? During this period, what is our identity? What is the relationship between the US and the firm.

     Six, the Shenzhen intermediate people's Court issued a document does not let the assistant lawyer speak in court, results in the actual implementation into practice lawyers can not appear in court to speak, it violated our general practice lawyer in court practice right justified. Don't speak, don't let sit on the podium, our practice is not complete.
 
       Now this is the case in some court, after the lawyer has been changed to strive for, not all courts may. Practice law still can not speak in labor arbitration, arbitrator said court rules, hope to solve the association.