【新唐人2014年03月07日訊】自從中國企業註冊年檢制度日前取消以後，不少法律界人士也在網路上呼籲應當「取消律師及律師事務所年檢制度」。而最近中共「兩會」召開期間，中國各地律師再次發聲，希望藉助「兩會」把這一問題推向前臺。其中維權律師指出，年檢和年度考核，早已成為有關部門斂財和打擊依法辦案律師的手段，應該馬上取消。
3月初，中國企業取消年檢和資本實繳制度後，律師袁裕來就在網路上呼籲：「也應當取消律師事務所年檢和註冊資本實繳。」引起各地律師們的附議。
而最近中共「兩會」期間，中國各地律師再次呼籲「取消年檢」，並希望參加「兩會」的記者們幫忙問一聲：當局甚麼時候取消律師年檢？
廣東律師龐昆指出，不管從法律上，還是道理上，律師年檢都沒有依據，更沒有存在的必要。
廣東律師龐昆：「律師申請職業的時候有過行政許可了，沒有必要再設定一個年檢，來檢測每一年的工作，如果按照你要律師要年檢，那你公務員是不是要年檢？其他的從業人員要不要年檢？公司都不用年檢了你還害怕律師」
龐昆指出，現實中有大量的律師被卡在年檢上，沒有辦法繼續執業，這完全是控制律師和讓律師自我審查的手段。他說，當局如果真想建設法治社會，必須「廢除年檢」。
每年4月或5月，中國各地司法局都會對律師及律師事務所進行年檢與年審，並從6月起陸續公布審查結果。
許多維權律師因為代理中共認為的所謂「敏感案件」，因此不能通過審核，而失去繼續從業的資格。
北京維權律師江天勇因為參與愛滋病感染者維權行動，及法輪功維權案件等活動，於2009年7月失去了律師執業證。
北京維權律師江天勇：「這種年檢現在也叫年度考核，實際上成為這種司法行政部門，就是司法局、司法廳局和官辦的律協，他們斂財的一種手段，因為他們所謂的年檢，並不對律師及律師事務所上一年度，他的這種執業的行為進行真正考評。」
江天勇指出，全中國那麼多的律師和律師事務所，當局不可能真正都去考核，只要律師和律師事務所，一直有向司法局「打招呼」，那麼，交了錢就可以通過年檢。
但中國律師年檢中的收費問題，一直被抨擊存在著嚴重貪腐。
據報導，2011年廣東深圳有424家律師事務所，有7398名律師。僅「深圳律師協會」每年收取的年檢等費用，就高達1928萬元。
此外，律師年檢各地收費標準也很混亂，如深圳律師每人每年是2320元，青島是2000元，珠海3200元，上海1300元。深圳每個律師事務所繳納的「律協」會費為5000元，而上海要兩萬元起步。有律師估算，每年律師年檢費高達數億元。
江天勇指出，這些費用的開支情況從來沒有公開過，這就形成了很多權力的尋租和腐敗，同時也成為有關部門敢於打壓那些嚴格依法辦案律師的一種手段。
江天勇：「其他律師哪怕有一點違法執業的情況，違規執業的情況，基本都能通過，而這些嚴格依法執業，但是不聽司法局的個別人的違法的這種『打招呼』，那麼在年度考核中就會遇到這種刁難。」
據了解，大陸律師在代理維權、或政治等敏感案件時，必須向司法局「報備」，並在司法局的「建議」下辦案，否則司法局就會利用「年檢」，對代理律師秋後算帳。迫使他們寫下保證書或悔過書，否則將失去執業資格。
採訪編輯/李韻 後製/陳建銘
Lawyers Call on the Communist Regime to Abolish Annual Assessment
Since the recent termination of the industrial annual registration
and examination system, Chinese lawyers have also demanded
the regime abolish the annual assessment on lawyers and law firms.
While the annual parliamentary meetings are conducted in Beijing,
lawyers once again call on the congress about their concerns.
Human rights lawyers explain that the assessment review has long
been manipulated by the administrative to collect illegal wealth
and suppress lawyers.
The cancellation of the industry annual fee and examination took
effect on March 1.
In view of this, attorney Yuan Yulai had appealed on the Internet:
“The lawyer and law firm annual assessment should also be
cancelled," seconded by lawyers throughout China.
This suggestion was once again brought up recently.
Lawyers call on journalists to pose the question during the
Communist annual parliamentary meetings:
When will the annual review be abolished?
Guangdong lawyer Pang Kun indicates that the assessment has
no legal basis. It should not have existed.
Pang Kun, Guangdong lawyer: “Lawyers have passed the
administration process for licenses.
There is no need for an annual review.
If annual review is required of the lawyers, shouldn’t it be also
applied to public servants, and other businesses?
The annual industrial examination has been terminated.
What is it about lawyers that you are afraid of?"
Lawyer Pang Kun indicates that, in reality, the annual assessment
is a system to control lawyers and force the lawyers to self-censor.
A large numbers of lawyers have not been able to continue their
practice because of this administrative sanction.
He says, to build the rule of law, the regime must abolish the
annual review.
Accordingly, local judicial bureaus will publish results of annual
assessment on lawyers and law firms, conducted in April and May.
Many Chinese human rights lawyers failed to pass the review
and lost their licenses to practice for handling the so-called
“sensitive cases."
Beijing human rights lawyer Jiang Tianyong lost his practicing
license in July of 2007 for his defending activities for AIDS
victims and Falun Gong practitioners’ cases.
Jiang Tianyong Beijing human rights lawyer: “This annual review
or assessment has in fact become a means to collect wealth for
the judicial administrative departments, such as the Ministry of
Justice, Bureau of Justice, and the government-run All China
Lawyers Association.
The so-called annual assessment does not really conduct any
evaluation of the lawyers and law firm according their year
round practice."
Jiang Tianyong indicates that there are so many lawyers and
law firms in China.
There is no way for the authorities to conduct assessment on
every one of them.
Usually, lawyers and law firms will pass the annual review as
long as the local judicial bureau has been notified that the annual
fee is paid.
Under the review, lawyers and law firms have to pay a
compulsory annual membership fee, which has long been
criticized as serious corruption.
According to reports, there were 424 law firms and 7,398 lawyers
in Shenzhen in 2011.
Shenzhen Lawyers Association receives an annual fee of as much
as 19.28 million yuan ($3.14 million).
In addition, the annual fee varies from place to place.
A lawyer is subject to 2,320 yuan in Shenzhen, 2,000 in
Qingdao, 3,200 in Zhuhai, and 1,300 yuan in Shanghai.
Shenzhen charges law firms 5,000 yuan, and Shanghai charges
20,000 the minimum.
Some lawyer has estimated that the annual assessment fee
would cost several hundred million yuan.
Jiang Tianyong explains that since none of the expenditure of
the annual fee was ever published, it has become the
administrative resort to power and corruption.
It has also become an administrative sanction upon
law-abiding attorneys.
Jiang Tianyong: “Lawyers with irregularities in practicing can
often pass the review.
However, those lawyers who abide by the law but refuse to be
subordinate to the judicial bureau will often meet difficulties
during the review."
In China, lawyers involved in rights defending or politically
sensitive cases are required to “file” reports to the Bureau of
Justice and handle cases under the “instruction” of the Bureau.
Otherwise, there will be retribution during the annual assessment.
Typically, the lawyers are required to submit a self-criticism or
letter of guarantees, otherwise, the practice license will be revoked.
Interview & Edit/Liyun Post-Production/Chenjianmin
