Written by Wang Houlong, a lawyer at Shandong Chishan Law Firm, on July 2, 2024
More than a dozen law firms in Fujian collectively refused to pay the membership dues of the lawyers associations and demanded that the specific use of the membership fees of the lawyers associations be made public. This is an open confrontation with the local bar association.
According to the provisions of the Civil Code, lawyers associations are industry legal persons. Entry and exit shall be free, there shall be relevant charters, democratic elections shall be conducted, the amount of membership dues shall be collectively agreed, and the use of membership fees shall be made public. Members should have the right to know, and members should also have the right to supervise.
In reality, lawyers associations do not reflect the nature of social organizations at all. It's a yamen style. It is not to protect the rights and interests of members, but to manage and punish members. As for the membership fee, there is no specific way to use it, and it cannot be disclosed. Who would dare to make it public? Who can make it public?
It is precisely because of the shortcomings of the lawyers association that it has been opposed by the majority of lawyers.
So why is this happening? This is a manifestation of the incompleteness of political reform. The Legal Aid Act, as well as the Lawyers Act, contains the same traces of incomplete political reform.
At present, we have reached the deep water area of political reform, and it is very difficult! Only by carrying out deep-seated political reforms can we make a comprehensive change in the legal provisions.
The economic base determines the superstructure, which protects and hinders the development of the economic base.
As a new law, the Civil Code has made changes to suit the economic basis in terms of social groups. However, the revision of the law has not yet been systematically and completely. Do you think that trade unions, women's federations, Communist Youth Leagues, disabled persons' federations, lawyers' associations, calligraphy associations, quyi associations, etc., are all social organizations? They are by their nature and should operate in accordance with the provisions of the Civil Code, but they are still implemented as departments within government agencies. In the final analysis, the Bar Association is also operated by a subordinate unit of the local judicial bureau. So the bureaucracy is very serious. The presidents, vice presidents, chief supervisors, deputy chief supervisors, and secretary general of the so-called lawyers associations are all representatives of the partners of large and medium-sized law firms, and they are not able to represent the fundamental interests of ordinary lawyers at all. This is a fusion of government departments and the capital of the lawyer industry, which only represents the interests of this group and will not serve the interests of ordinary lawyers.
I'm telling the truth, and I'm not afraid to offend anyone. I also don't want political speculation, who am I afraid of?!
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My family has two acres of land, and I am the landlord.
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