Lawyers: Revoke Annual Assessmen
Seventeen lawyers from nine provinces demand the Ministry
of Justice revoke lawyer’s annual assessment
and all administrative records.
The lawyers indicate the assessment is anti-rule of law
This illegal rule was established by Zhou Yongkang.
While Zhou is sacked, this gang rule still remains.
Lawyers believe that, to build a legal society,
this rule must be abolished.
Cheng Hai, Beijing human rights lawyer stated in his
blog, on July 28, 17 lawyers from nine provinces demand
the Justice Department stop the illegal annual assessment
and abolish all administrative records.
The application arrived in the Justice Department on July 22.
While the Justice Department has yet to respond,
he said, it will be processed to the State Council.
Ran Tong, Cheng Hai, Wang Quanzhang, human rights lawyers,
among the 17, stated in the administrative reconsideration request:
Revoke the annual assessment page on the lawyer’s practicing
certificate, or confirm it as illegal.
It also called for the removal of the prints, “Should stamp
annual assessment seal" from the final page of the lawyer’s
practicing license, or render it as illegal.
Sichuan lawyer, Ran Tong, indicates that they have filed
numerous written requests to the Justice Department to cancel
the lawyer’s annual assessment and the administrative record,
for the policy has no legal basis and constitutes serious
infringement of lawyers rights.
Many rights upholding lawyers have become victims
of the suppression.
Many, including Cheng Hai, Cai Ying Xie Yang and others,
have failed to pass the assessment for handling
the so-called cases sensitive to the authorities.
Ran Tong: “It was part of the gang policies Zhou Yongkang
had manipulated to usurp power.
He set up this policy, during his tenure as Secretary of the
Central Political and Legislative Committee, to suppress
The judiciary is carrying out this policy like his aggressive
This policy is totally anti-legal and anti-democracy."
Ran Tong indicates that Zhou Yongkang has been sacked,
and many of his regulations removed.
In order to build a law-based society,
this last gang policy must be eradicated."
Beijing human rights lawyer, Cheng Hai, explains the annual
assessment is a humiliation to the lawyers and discriminating
It is a gang policy specifically targeting lawyers
who dare to uphold justice."
Cheng Hai: “Its other purpose is to make money.
The fee is very high.
The Lawyers Association charges 2,000 yuan a person each
year, and somewhere between 10,000 to 15,000 yuan to the firm.
Nation wide, the Lawyers Association will receive
700 million yuan each year."
Chinese lawyers’ annual assessment has been criticized
as engaging in serious corruption.
According to reports, Shenzhen received 19.28 million yuan
in 2011 from 424 law firms and 7,398 lawyers.
But, none of the expenditure was ever disclosed.
Hunan lawyer, Cai Ying, says the assessment allows the
authorities to display their power and conduct corrupt deeds.
Governmental agencies also get to suppress the lawyers
by manipulating the assessment.
Cai Ying’s annual assessment was put on hold for his sensitive
cases such as the rights defending case in Liaoning,
the illegal detention of four attorneys case in Jiansanjiang,
and attorney Xie Yang’s lawsuit against Hunan provincial
Department of Justice.
The firm he works for was also implicated.
Lawyers in the law firm could not proceed with their cases
without the annual assessment.
Cai Ying: “I think it is a retaliation against me, and a pressure
on the law firm.
The law firm and the lawyers in the firm will in turn
put pressure on me and force me to leave the firm."
There are lawyers blaming Cai Ying for accepting cases
sensitive to the authorities, while others demand Cai Ying
leave the firm.
Cai Ying indicates the firm is being passive.
If he defends for the lawyer’s rights, the firm might be subject
to another year of suppression by the Lawyers’ Association
and the Justice Department;
If he does not defend for the lawyer’s rights, the illegal
assessment and administrative records could continue.
It has become a dilemma for everyone.
Interview & Edit/LiYun Post-Production/Chen Jianming