Lijianjun

I am a practicing lawyer. A few days ago, because a court of this court needed to go to the intermediate people's Court of HLD City, Liaoning Province. After the court session, another case in the Institute was entrusted to Beijing by a colleague. Beijing went to a nearby ZZ city in Hebei Province to help query the industrial and commercial, land, real estate and other information of a company involved in the case. However, I was deeply touched by a series of experiences during the inquiry in ZZ City, and also worried about the lawyer's practice environment.

I went to ZZ Municipal Administration for Industry and commerce first. After explaining his / her intention to the supervisor and presenting his / her lawyer's practice certificate, lawyer's special investigation certificate and other certificates, he / she was told that he / she could only query the basic information of the company. If he / she inquired about the original information, he / she must also have the court's case filing certificate, acceptance notice and other materials, otherwise he / she would not provide the inquiry. I was a little dizzy at that time, because when I inquired about the industrial and commercial materials in Jinan, the other party never asked to provide the above materials of the court, so I was at a loss. I told them that I am a practicing lawyer. Now I am exercising the lawyer's legitimate right to query information as stipulated in the lawyer law. You should cooperate in this regard; They said that this was a unified regulation of the Bureau, which could only be implemented in this way. After that, I tried hard and soft with them, and even moved out the relationship with the villagers (originally, we were all local level cities and standard villagers, but at this moment, the taste has changed a lot). My "efforts" have also achieved some results. In addition to the basic information, I have also "additionally" inquired about the company's annual inspection and the company's shareholders' contributions, but they are only the most basic summary.

Then I went to the Municipal Bureau of land and resources to inquire about the land under the company's name. A director surnamed Zhu received me. After explaining his intention, he said that the decree of the Ministry of land and resources stipulated this issue and asked me to show the power of attorney of the company to be inquired, otherwise I would not inquire, except for the public, procuratorial and legal authorities (let me see the decree); I also told him that I was exercising my legal rights as a lawyer. He said they only implemented the provisions of the Ministry of land and resources on this issue. I had no choice but to give up.

The third one went to the Municipal Housing Administration Bureau. After inquiry, the information of the company was in the housing administration office under it. After arriving at the housing management office, they agreed to inquire. I felt a burst of joy in my heart. I thought that the land situation was reflected in the real estate data, and I could query it together. However, all the information provided to me by the supervisor of the housing management office related to the land was picked out, leaving only the real estate. I was a little lost at that time. After inquiry, they replied that they are the real estate management department and can only provide information about the real estate. As for the land information, they can only go to the Bureau of land and resources for inquiry. They have no obligation to provide it. I asked him to show all the existing archival materials about the company. After the same negotiation as above, it was invalid. I really had nothing to do! God, why are you so depressed when you just check the information? Originally, I wanted to check the information about taxes, vehicles, etc., so I think it's unnecessary! I returned to Jinan with a confused mood.

After a period of time, I have been thinking about the same question: why is the practice right of lawyers to normally query information stipulated in the lawyer law of China repeatedly rejected by specific administrative organs, and the reason for their rejection is often some restrictive clauses attached to the rules and other documents formulated by their competent departments, such as the provision of supporting documents? Why is it so difficult for lawyers to practice in different places? Paragraph 2 of Article 35 of the lawyers law stipulates that "if a lawyer investigates and obtains evidence on his own, he may, on the strength of his lawyer's practice certificate and the certificate of a law firm, investigate the situation related to the handling of legal affairs with relevant units or individuals", which is the legal basis for lawyers to inquire about all aspects of information according to law. For example, Article 7 of the measures for inquiry of enterprise registration archives (Amendment) stipulates that when law firms act as agents in litigation activities, the inquirers can carry out written archives inquiry by showing their case filing certificate and lawyer's certificate, while the provisions for inquiry of other state organs are based on the valid certificates and official letters of the inquirers, which is an obvious inequality; Article 6 of the measures for public inquiry of land registration data stipulates that units and individuals may inquire about land registration data by themselves or by entrusting agents or land registration agencies. Where an inquiry is entrusted to another person, a power of attorney shall be issued. The power of attorney of an overseas client shall be notarized or authenticated in accordance with the relevant provisions. The inquiry of lawyers in the process of representing cases was not involved at all; The Interim Measures for the inquiry of housing ownership registration information is similar to the above provisions on the inquiry of land conditions, which only stipulates the inquiry of state organs and the parties themselves, and the inquiry of lawyers in the process of representing cases is also not regulated. In addition, the same is true for motor vehicle registration query and tax registration query. Thus, it has been popularized. Such a situation exists in marriage registration query and registered residence query, and it is very serious.

The various inquiries conducted by lawyers are often necessary and detailed understanding of the other party's individual or unit after accepting the client's entrustment and before filing the case, and they are all related to the facts of the case. However, those administrative organs simply and rudely refused lawyers' right to normally inquire about all aspects of information on the grounds of the so-called "legal provisions". Do they really not know the following basic principles stipulated in China's laws? 1、 The latter method is superior to the former. China's lawyer law has been formally implemented since june1,2008, and the implementation time of those regulations is before that without exception. All issues will certainly be taken into account in the formulation of the lawyers' law, but the provisions of paragraph 2 of Article 35 are not attached with any other documents. All kinds of information can be inquired only by virtue of lawyers' practice certificates and Investigation Certificates. Did they really not see it? I don't want to see it! 2、 The superior method is superior to the inferior method. The lawyer law is a law, while other documents are administrative rules at best. Obviously, I think this is the last point that needs to be elaborated.

The above discussion is enough to explain the problem, but they still go their own way and think they are right. There are only the following reasons: first, local protectionism. This kind of phenomenon often occurs in the process of handling cases in other places (local cases may also occur). The local administrative organs can only do this for the purpose of protecting local economic development and excluding foreign lawyers, perhaps out of the most simple local feelings; 2、 Fear of responsibility. Due to the particularity of the status of administrative organs, most of the matters related to inquiry are related to litigation. The slightest mistake in the process of providing inquiry by the administrative organ will cause troubles such as the accountability of the superior organ. "If you do more, you will have a chance to make mistakes. If you don't, you will have no chance to make mistakes." the typical self-protection style of administrative organs! 3、 The thought of official standard. This problem is a long-standing and widespread problem, and it has become more and more solid after thousands of years of accumulation. When facing the opposite person (no matter who they are), they always have an inexplicable sense of superiority! "We are high above everything else. My territory is up to me." you are a state organ, not a M-Zone! Little do you know that your rights are given by the people, and you are the public servants of the people. If the supreme head of state and the supreme head of government are still like this, how can you be so proud of yourself?! Don't you know the profound truth that "power is used by the people and profit is sought by the people"? In the long run, the whole nation will have no way out.

The more I think about it, the more angry I am. I feel a little confused and dizzy. Lawyers help clients safeguard their rights, but who will safeguard and protect lawyers' legitimate practicing rights? In view of my current state of anger, I will stop writing about it. I don't even know what I will say to those people if I continue to write. Let's share these with you for the time being to vent our unhappiness and resentment. Thank you for your cooperation! We sincerely hope that those who help us lawyers safeguard our rights will appear as soon as possible. When you think about it carefully, in fact, this person is ourselves, a collection of all our practicing lawyers. There is no hope to depend on others!!!