律师公会制度及天津律师公会 BAR ASSOCIATION SYSTEM AND TIANJIN B...
如果说法官、检察官、律师是民国司法体系中的三大职务的话，那么法院、检察院、律师公会就是司法组织体系中三个互相制衡又共同发挥作用的机构。律师公会的重要性可见一斑。
If judges, prosecutors and lawyers are the three major positions in the judicial system of the Republic of China, then the courts, procuratorates and bar associations are the three institutions in the judicial organization system that balance each other and play a common role.The importance of the bar association can be seen.
一、律师公会的基本特征
1.Basic Characteristics of the Bar Association
北洋政府《律师暂行章程》第二十二条规定：“律师非加入律师公会，不得执行职务。”这表明1912年9月16日《律师暂行章程》的公布实施，不仅标志着民国律师制度的确立，而且也意味着律师公会制度的正式建立。
Article 22 of the Provisional Regulation of Lawyers of Beiyang Government stipulates, “Lawyers shall not perform their duties unless they join the bar association.” This shows that the promulgation and implementation of the Provisional Regulation of Lawyers on September 16, 1912 not only marks the establishment of the lawyer system of the Republic of China, but also means the formal establishment of the bar association system.
1918 年天津律师公会会员徽章
Member badge of Tianjin Bar Association in 1918
天津律师公会会员徽章
Member badge of Tianjin Bar Association
天津律师公会经天津市社会团体登记局批准，成立于1913年3月，最初的会址位于河北新区黄纬路诚安里27号。1934年3月10日，天津律师公会会刊《天津律师公会旬刊》第一卷第一号正式出版发行，江庸律师亲笔题写了封面。次年1月，《天津律师公会旬刊》更名为《法令旬刊》，曾为天津著名饭店登瀛楼题写牌匾的北洋寓公张志潭亲笔题签。《法令旬刊》期刊社社长李洪岳，副社长老遇春，副社长兼总编辑朱道孔，编辑有于振宗、尹凤藻、王劲闻、包振等43人。
Tianjin Bar Association was established in March 1913 with the approval of Tianjin Social Organization Registration Bureau.It was originally located at No.27 Cheng'an Lane, Huangwei Road, Hebei New District.On March 10, 1934, the first volume of Tianjin Bar Association Quarterly, the journal of Tianjin Bar Association,was officially published, and Jiang Yong wrote the cover with his own handwriting.In January of the following year, Tianjin Bar Association Quarterly was renamed as Law Quarterly, and Zhang Zhitan, a resident of Beiyang who once wrote a plaque for Dengyinglou of Tianjin famous restaurant, personally signed it.Li Hongyue,president of Law Quarterly, Lao Yuchun, vice president, Zhu Daokong, vice president and editor-in-chief, and 43 editors, including Yu Zhenzong, Yin Fengzao, Wang Jinwen and Bao Zhen, etc.
天津律师公会通告
Notice of Tianjin Bar Association
江庸题签的《天津律师公会旬刊》
Tianjin Bar Association Quarterly signed by Jiang Yong
二、律师公会的组织机构
2.Organization of the Bar Association
依据《律师暂行章程》和《律师章程》的规定，律师公会实行会长制度，而在1941年《律师法》颁布后，则实行理事会制度。不过，无论是会长制度还是理事会制度，其组织机构的功能并没有什么不同。律师公会采取代议民主制，无论日常工作还是重大决策都通过召开会议集体讨论决定；如果来不及召开会议，就先由领导层作出决定，然后在下次会议时追认。
According to the Provisional Regulation of Lawyers and the Regulation of Lawyers, the bar association implemented the system of president, and after the promulgation of the Lawyers Law in 1941, it implemented the system of council.However, whether it is the president system or the council system,its organizational functions are not different.The bar association adopted a representative democracy system, and both daily work and major decisions were decided through collective discussion at meetings.If it is too late to hold a meeting, the leadership will make a decision first, and then make ratification at the next meeting.
律师公会的组织机构包括公会会员大会、常任评议员会和干事会，领导成员则由会长、副会长、评议员、干事组成。其中会长一人，主持一切会务，副会长一人或两人，辅佐会长办理会务。会长因故不能到公会时，由副会长代行其职。常任评议员人数不等，如天津律师公会为九人，上海律师公会为八人，北平律师公会为十二人，集体开会议决公会中一切进行的事务。干事四至八人，执行议决事件并随时处理会务。律师公会一般还设有候补评议员和干事，遇到缺额时递补。
The organization of the bar association includes the Member's General Assembly of the association, the permanent council and the officers council, and the leading members are composed of the president, vice president, councillors and officers.Among them, one president presides over all business meetings, and one or two vice presidents assist the president in handling business meetings.If the president is unable to attend the guild for some reason, the vice president shall take his place.The number of permanent councillors varies.For example, Tianjin Bar Association had 9 members, Shanghai Bar Association had 8 members and Beiping Bar Association had 12 members.Collective meetings are held to decide all the business of the bar association.There are 4-8 officers, who are responsible for deciding events and handling meetings at any time.Generally, the bar association also has alternate councillors and officers, who will be replaced when they encounter vacancies.
从1913年到1949年，天津律师公会共有九人担任过会长，包括梁锡纶、兰兴周、许云舫、许肇铭、李洪岳、张绍曾、刘蓬瀛和朱德武（后两位为理事会制度时期的会长）。此外，据我国《罗马法》研究的先驱贾文范身后的《德教碑》记载，贾文范也曾担任早期天津律师公会会长，不过具体时间并未注明。
From 1913 to 1949, there were nine presidents of Tianjin Bar Association, including Liang Xilun, Lan Xingzhou, Xu Yunfang, Xu Zhaoming, Li Hongyue, Zhang Shaozeng, Liu Pengying and Zhu Dewu (the latter two were presidents of the council system).In addition, according to the Morality Monument erected after Jia Wenfan's death, the pioneer of the study of Roman Law in China, Jia Wenfan also served as the chairman of the early Tianjin Bar Association, but the specific time was not specified.
公会会员大会是律师公会最高权力机关，有权处理会中一切事务，包括选举等事宜。会员大会分定期总会与临时总会，每年3月和9月，或春季和秋季各举行一次。1920年5月3日的《益世报》曾刊登新闻《律师公会开春季例会》，文中提到：“梁锡纶报告了自民国八年（1919）十月至现在之出入款项事宜，复报告此次由本会发出公函共二百五十二封，实得会员复函一百五十五封，今日到会者一百五十四人，除委任代理函件外，实到人数五十三人，与法定人数相合，即可从事投票改选会长。报告毕，由该会职员李思逊并有地方检察官王果莅场监视。惟时至六钟余，选举尚无结果，全场秩序甚形紊乱，会员中有因时间过晚，自由退席者，诚可谓放弃选举大权云。”记录了早期天津律师公会召开春季大会时的情景。公会会长为议长（天津律师公会称主席），负责召集、主持会议；会议表决时，会长与其他评议员权力相同，只有在票数相等的情况下，会长才有最后的决定权。会员大会的召开日期和地点由常任评议员决定，并在开会前两周分函通知各会员，同时登报通告。
1919 年天津律师公会票选职员通告
Notice of voting staff of Tianjin Bar Association in 1919
1925 年7 月许云舫任会长期间的改选报道
Report on the re-election of Xu Yunfang as chairman of Tianjin Bar Association in July 1925
梁锡纶会长
Chairman Liang Xilun
张绍曾会长
Chairman Zhang Shaozeng
刘蓬瀛会长
Chairman Liu Pengying
The Member's General Assembly of the association is the highest authority of the bar association, and has the right to handle all affairs in the association,including elections, etc.The Member's General Assembly are divided into regular Member's General Assembly and temporary Member's General Assembly, which are held once a year in March and September, or in spring and autumn.On May 3, 1920, Yishi Daily published a news report The Spring Regular Meeting of the Bar Association,which mentioned, “Liang Xilun reported the payment and withdrawal from October,1919 to the present, and re-reported that this time, a total of 252 official letters were sent by this council, and 155 replies were received from members.Today, 154 people attended the meeting.In addition to the letter of appointment, the actual number was 53.Meet the quorum, it can vote to re-elect the president.After the report was finished, Li Sixun, a staff member of the association, and Wang Guo, a local prosecutor, came to the scene for surveillance.However, until six o'clock,there was no result in the election, and the order of the whole audience was very disordered.Among the members, there were people who quit freely because of the late time, which can be said to give up the right to vote.” It recorded the scene when the Tianjin Bar Association held its spring meeting in the early days.The president of the association is the speaker (called the chairman of Tianjin Bar Association),who is responsible for convening and presiding over the meeting.When voting at a meeting, the president has the same power as other councillors, and only when the votes are equal can the president have the final decision.The date and place of the Member's General Assembly shall be decided by the permanent councillors,and the members shall be notified by letter two weeks before the meeting, and the notice shall be published in the newspaper at the same time.
1927 年天津总商会致天津律师公会函
Letter from Tianjin General Chamber of Commerce to Tianjin Bar Association in 1927
会员大会需要与会者超过会员总数的一半（如天津律师公会、上海律师公会）或三分之一（如北平律师公会）才能开会。临时总会的召开则需要20名以上会员的提议或常任评议员过半数的决议，并能以专函形式通知到与会者。
The Member's General Assembly requires more than half (such as Tianjin Bar Association and Shanghai Bar Association) or one third (such as Beiping Bar Association) of the total number of members to hold a meeting.The convening of the temporary Member's General Assembly requires the proposal of more than 20 members or the resolution of more than half of the permanent councillors, and can be notified to the participants in the form of a special letter.
常任评议员会由全体常任评议员组成；按照《天津律师公会会则》的规定，常任评议员会每月至少举行一次。干事会是律师公会的执行机构，负责执行会员大会及常任评议员会的议决事项，并处理律师公会的日常事务。
The permanent council consists of all the permanent councillors.According to the Rules of Tianjin Bar Association, the permanent council will be held at least once a month.The officers council is the executive body of the bar association,which is responsible for implementing the resolutions of the Member's General Assembly and the permanent council, and handling the daily affairs of the bar association.
三、律师公会的自治权
3.Autonomy of the Bar Association
国家通过《律师暂行章程》《律师章程》赋予律师公会相当程度的自治权，从而使其成为监督、管理律师的重要一环。律师公会的权力主要体现在以下五个方面：
The state has granted a considerable degree of autonomy to the bar association through the Provisional Regulation of Lawyers and the Regulation of Lawyers, thus making it an important part of supervising and managing lawyers.The power of the bar association is mainly reflected in the following five aspects:
（一）制定律师公会会则的权力
(a) The Power to Formulate the Rules of the Bar Association
《律师暂行章程》规定律师公会有权制定公会会则，《律师章程》第二十九条规定：“律师公会应议定会则，由地方法院院长经高等法院院长呈请司法部长核准。”由此，《律师暂行章程》或《律师章程》成为了制定律师公会会则的法律依据。两部章程对制定公会会则的要求基本一致，包括：一、会长、副会长、常任评议员之选举方法及其职务；二、常任评议员之会议规则；三、维持律师德义方法；四、公费及谢金之最高额；五、其他处理会务之必要方法。可见，法律上对制定律师公会会则的要求并不多，律师公会有较大的自主权。直到1936年2月南京国民政府司法行政部颁布的《律师公会标准会则》，才以训令的形式对律师公会会则的言辞与格式作出了规定。
The Provisional Regulation of Lawyers stipulates that the bar association has the Rules to formulate the rules of the association, and Article 29 of the Regulation of Lawyers stipulates, “The bar association shall agree on the rules,and the district court president shall apply to the Minister of Justice for approval by the high court president.” Therefore, the Provisional Regulation of Lawyers or Regulation of Lawyers has become the legal basis for formulating the rules of the bar association.The requirements of the two regulations for formulating the rules of the guild are basically the same, including: 1.The election methods and duties of the president, vice president and permanent councillors.2.Meeting rules of permanent assessors of the Member's General Assembly.3.Methods of maintaining lawyers' morality and justice.4.The maximum amount of public expense and gratuity.5.Other necessary methods for handling business affairs.It can be seen that there are not many legal requirements for formulating the rules of the bar association,and the bar association has greater autonomy.It was not until February 1936,when the Ministry of Justice and Administration of Nanjing National Government promulgated the Standard Rules of the Bar Association that the words and format of the rules of the bar association were stipulated in the form of instructions.
（二）入会退会与审查会员资格的权力
(b) The Power to Join, Withdraw and Review the Membership
几乎所有的律师公会会则都规定，只要具备《律师章程》第二条或第三条所规定的律师资格，领有律师证书，并在相关法院进行了登录，律师就具有了公会会员的资格。同时，《律师暂定章程》和《律师章程》也都规定“律师非加入公会不得执行职务”。于是，律师天然就被授予了律师公会会员的身份，而公会似乎没有拒绝的权力，但实际上律师公会不仅有批准律师入会退会的权力，而且拥有律师资格的审定权。
Almost all bar associations stipulate that as long as they have the lawyer qualification stipulated in Article 2 or Article 3 of the Regulation of Lawyers,have a lawyer certificate and have registered in the relevant courts, lawyers will have the qualification of members of the association.At the same time, Provisional Regulation of Lawyers and Regulation of Lawyers also stipulate that “lawyers shall not perform their duties unless they join the guild”.Therefore, lawyers are naturally granted the status of members of the bar association, and the association does not seem to have the power to refuse.However, in fact, the bar association not only has the power to approve lawyers' membership and withdrawal, but also has the right to examine and approve lawyers' qualifications.
以《天津律师公会会则》为例，律师公会首先规定会员要缴纳入会费40元和每月经常费一元，如果三个月以上不缴纳经常费，就视为退会。其次，公会列出了六类勒令退会的情况：“一、任有俸给之公职者。二、因惩戒受停职或除名之处分者。三、自愿撤销律师登录者。四、法律上规定不许当律师者。五、有精神丧失之常况，由本会常任评议员会决议提交该管法院首席检察官经鉴定属实者。六、有妨害律师风纪之行为而受本条第二款之处分者。”上海律师公会在会员入会时还要求交验律师证书、学校毕业文凭或其他有充当律师资格之证明文件；确定是否登录；填写入会自愿申请书等。
Take the Rules of Tianjin Bar Association as an example.First, the bar association stipulates that members should pay an entrance fee of 40 yuan and a monthly recurrent fee of one yuan.If they do not pay the recurrent fee for more than three months, they will be regarded as retiring.Secondly, the guild listed six kinds of cases of being ordered to withdraw from the guild: “1.Those who hold public office with salary.2.Those who have been suspended or removed from the list due to disciplinary actions.3.Voluntarily revoking the lawyer's registration.4.The law is not allowed to be a lawyer.5.If there is a normal condition of mental loss, it shall be submitted to the chief prosecutor of the competent court by the resolution of the permanent council of this council and verified by authentication.6.Those who are subject to the second paragraph of this article because of the behavior that impairs the discipline of lawyers.” When members joined the Shanghai Bar Association, they were required to submit a lawyer certificate, school diploma or other certification documents that were qualified to act as lawyers; determine whether to log in; fill in voluntary application for membership, etc.
这些条款充分说明了律师公会在会员入会退会问题上的自主性，而更重要的是，公会实际上还具有严格审查律师资格的权力。按照《律师暂定章程》等法律法规的要求，律师资格的授予应该以考试为主，而整个民国时期都没有进行一场像样的律师资格考试，因此律师资格的取得主要通过法律规定的免试来实现。不过，国家机关往往无法分辨免试条件的真伪，特别是国外文凭的鱼龙混杂，很容易出现骗取律师资格的现象。于是，律师公会利用其专业素养对律师资格进行严格审查，比如天津律师公会的律师登记名簿就比法院多出了“学历及履历”“加入律师公会年月日”“其他法院之登录号数”三项内容。如此便能将一些假冒者挡在律师公会大门外，以至于一些被律师公会拒绝入会者惊呼“律师公会权力凌驾于国家权力之上”。此外，律师公会也会审查已入会律师的资格，如果发现问题，同样令其退会。
These clauses fully illustrate the autonomy of the bar association in the issue of membership and withdrawal, and more importantly, the association actually has the power to strictly examine the qualifications of lawyers.According to the requirements of the Provisional Regulation of Lawyers and other laws and regulations, the granting of lawyer's qualification should be based on examination,but there was no decent lawyer's qualification examination in the whole period of the Republic of China.Therefore, the lawyer's qualification was mainly achieved through the exemption from examination prescribed by law.However, state organs were often unable to distinguish the authenticity of the exemption conditions,especially because foreign diplomas were mixed, and it was easy to cheat lawyers.Therefore, the bar association made use of its professional quality to strictly examine lawyers' qualifications.For example, the directory of lawyers in Tianjin Bar Association had more contents than the courts, such as “educational background and resume”, “date of joining the bar association” and “login number of other courts”.In this way, some counterfeiters were blocked out of the bar association,so that some people who were rejected by the bar association exclaim that “the power of the bar association is above the state power”.In addition, the bar association will also examine the qualifications of lawyers who have joined the club, and if problems are found, they will also be withdrawn.
（三）制定律师收费上限的权力
(c) The Power to Set the Upper Limit of Lawyers' Fees
律师的费用时称“公费”，天津律师公会会长梁锡纶曾于1920年的公会年度报告中指出：“旧管共计大洋一千四百四十一元有余，新收共计大洋二百九十余元，开除共计大洋五百一十七元，实在共存大洋一千二百一十四元有余。”足见律师公会的财力之盛。事实上，合理的公费标准是保障律师制度正常运行、维护律师社会形象的重要一环。《律师暂行章程》规定，律师公会对于执业律师在收费方面实行监督，其具体方法是制定律师收费的最高标准，并监督收费的实际情况。
The lawyers' fee was called “public expense”.Liang Xilun, chairman of Tianjin Bar Association, pointed out in the annual report of the guild in 1920: “A total of more than 1,441 yuan, with a new revenue of more than 290 yuan, excluding a total of 517 yuan, there is more than 1,214 yuan coexisting.” It showed that the bar association had a strong financial capacity.In fact, the reasonable standard of public expense was an important link to ensure the normal operation of the lawyer system and maintain the social image of lawyers.According to the Provisional Regulation of Lawyers, the bar association shall supervise the fees paid by practicing lawyers.The specific method is to set the highest standards for lawyers'fees and supervise the actual situation of fees.
天津律师公会会则
Rules of Tianjin Bar Association
《天津律师公会会则》就对收取公费的上限作了详细的规定。首先将公费分为分收和总收两种形式，然后罗列出具体要求。比如“讨论案情，每小时至多不得逾五元”“阅卷或接见在留人，每次至多不得逾十元”“撰函件，每件至多不得逾十元”“撰声请书，每件至多不得逾五元”“撰和解状，每件至多不得逾二十元”“民事出庭费，每次至多不得逾八十元”“刑事出庭费，每次至多不得逾四十元”，是为分收。总收则如“办理民事案件，第一、第二两审收取公费总额，每审至多不得逾一千元，第三审收取公费总额，至多不得逾六百元，但诉讼物价额在五万元以上者，得以诉讼物价额为准。其每审公费总额，第一、第二两审均不得超过诉讼物价额百分之二，第三审不得超过百分之一”。
The Rules of Tianjin Bar Association provides detailed regulations on the upper limit of collecting public expense.Firstly, the public expense is divided into two forms: divided income and total income, and then the specific requirements are listed.For example, “To discuss the case, it should not exceed five yuan per hour.” “Reading or interviewing people should not exceed ten yuan at a time.” “Writing letters should not exceed ten yuan at most.”“Writing a petition, each piece should not exceed five yuan at most.” “Writing a reconciliation, each piece should not exceed twenty yuan at most.” “Civil court fees should not exceed eighty yuan at most.” “Criminal court fees should not exceed forty yuan at most.” The above are the restrictions on single charges,and the restrictions on overall charges are as follows, “In handling civil cases, the first and second trials charge a total of public expense, which shall not exceed 1,000 yuan per trial, and the third trial charge a total of public expense, which shall not exceed 600 yuan at most.However, if the litigation price is more than 50,000 yuan, the litigation price shall prevail.The total amount of public expense per trial shall not exceed 2% of the litigation price in the first and second trials, and shall not exceed 1% in the third trial.”
律师公费的标准因不同地区的经济状况和消费水平而有所区别，不过所有的公费都被严格限定在一个区域之内，律师公会反对超出所定标准的私自馈赠，违者将会遭到处罚。如果要改变律师收费标准，就必须由律师公会呈请当地法院转呈中央司法部门批准。(https://www.daowen.com)
The standard of lawyers' public expense varied with the economic situation and consumption level in different regions, but all public expense were strictly limited in one region.The bar association opposed giving gifts without permission beyond the set standard, and offenders would be punished.If you want to change the lawyers' fees standard, you must apply to the local court by the bar association and submit it to the central judicial department for approval.
《大公报》刊登高善谦律师担任企业法律顾问的通告
Ta-Kung-Pao published a notice on lawyer Gao Shanqian serving as corporate legal counsel
（四）监管律师从业品德的权力
(d) The Power to Supervise the Professional Ethics of Lawyers
《律师暂行章程》第二十八条规定，律师公会应制定会则，以“维持律师德义”。所谓“律师德义”，就是律师的从业品德。在诉讼活动中，律师的行为不仅对当事人的利益得失发挥着举足轻重的作用，而且会从整体上影响司法体制的运行，影响民众对法律体系的评价，因此仅用是否违法来评价律师是远远不够的，还需要鼓舞律师在一定程度上承担起维护正义、保护民众合法权益的责任，也就是要求律师在执业过程中保持较高的道德水准和职业操守。正是出于这样的考虑，《律师暂行章程》等法律法规赋予了律师公会加强监管律师从业品德的权力。
Article 28 of the Provisional Regulation of Lawyers stipulates that the bar association shall formulate rules to “maintain the morality of lawyers”.The socalled “lawyer's morality and justice” is the lawyer's professional morality.In litigation activities, lawyers' behavior not only plays a decisive role in the interests of the parties, but also affects the operation of the judicial system as a whole and people's evaluation of the legal system.Therefore, it is far from enough to judge lawyers only by whether they are illegal or not.It is also necessary to encourage lawyers to assume the responsibility of safeguarding justice and protecting the legitimate rights and interests of the people to a certain extent,that is, lawyers are required to maintain high moral standards and professional ethics in the process of practicing.It is out of this consideration that the bar association has been given the power to strengthen the supervision of lawyers'professional ethics by the Provisional Regulation of Lawyers and other laws and regulations.
（五）提请惩戒的权力
(e) The Power to Apply for Disciplinary Action
傅同乐律师天津律师公会入会证书
Membership certificate of lawyer Fu Tongle Tianjin Bar Association
天津律师公会钤记
Seal of Tianjin Bar Association
律师的风纪是律师公会非常重视的一项内容，它代表着律师职业道德与执业纪律最基本的要求。《天津律师公会会则》中专设“风纪”一章，规定：“第三十六条，律师办理案件须听当事人自由委任，不得唆讼搀越或有阻止当事人和息情事。第三十七条，律师不得指示原被告捏造或湮没证据。第三十八条，无论原被告之律师，既受一方委任，即不得再受他方之嘱托，致有不实不尽之情弊。第三十九条，收受公费，须照本会会则，不得滥行收纳。第四十条，出庭辩论，不得稍存偏颇，或涉及无关本案别情。第四十一条，律师并其延聘人及书记均不得沾染嗜好。第四十二条，律师到庭，恪恭将事，不得轻慢诙谐。第四十三条，律师辩论时须起立陈述。第四十四条，律师出庭辩论，如相对人对于律师有侮辱及不正当之行为，得即时声请庭长依照《法院编制法》第六十一条办理。”
Lawyers' discipline is a content that the bar association attached great importance to, and it represented the most basic requirements of lawyers'professional ethics and practice discipline.There was a special chapter on“discipline” in the Rules of Tianjin Bar Association, which stipulated, “Article 36, when handling cases, lawyers must listen to the free appointment of the parties,and may not interfere with litigation or prevent the parties from paying interest.Article 37, a lawyer shall not instruct the original defendant to fabricate or annihilate evidence.Article 38, no matter whether the lawyer of the original defendant is appointed by one party, he shall not be entrusted by the other party, which will lead to endless disadvantages.Article 39, to receive public expense, we must follow the rules of this association, and we must not accept them indiscriminately.Article 40, a debate in court shall not be slightly biased or involve other circumstances irrelevant to the case.Article 41, lawyers, their appointees and secretaries shall not be contaminated with bad habits.Article 42,when a lawyer appears in court, he shall be modest and polite, and shall not be rude.Article 43, a lawyer must stand up and make a statement when debating.Article 44,if a lawyer appears in court to debate, if the opposite party insults or misbehaves against the lawyer, he may immediately request the president to handle the matter in accordance with Article 61 of the Court Preparation Law.”
对于严重有违风纪，特别是违反《律师暂定章程》《律师章程》以及各公会会则的律师，律师公会有权提请惩戒。1913年12月19日，为了依法实行对律师的惩戒，北洋政府制定了《律师惩戒会暂行规则》，并于1916年10月27日作了修订，随后便成立了律师惩戒会组织，制定了惩戒办法和程序。律师惩戒会由高等审判厅厅长（担任会长）和三名推事组成；另有复审查律师惩戒会，由大理院院长及四名推事组成。
The bar association has the right to apply for disciplinary action against lawyers who seriously violate discipline, especially the Provisional Regulation of Lawyers, the Regulation of Lawyers and the rules of the associations.On December 19, 1913, in order to punish lawyers according to law, Beiyang Government formulated the Lawyers' Disciplinary Committee Provisional Rules, which was revised on October 27, 1916, and then established the organization of lawyers' disciplinary committee,and formulated disciplinary measures and procedures.The lawyers' disciplinary committee is composed of the director of the high adjudicative office (as the president) and three judges; there is also a disciplinary committee for reexamination lawyers, which is composed of the president of Daliyuan and four judges.
遇有违反相关法律法规的律师，律师公会会长可依常任评议员会或会员大会的决议向地方检察长申请惩戒。该地方检察长依职权呈请高等检察长，再由高等检察长向高等审判厅（后为高等法院）提请惩戒，随后由高等审判厅厅长（后为高等法院院长）等人组成的律师惩戒会依法定程序给予相关律师惩戒。如果对惩戒不服，可在20日内向司法总长声明；有理由者，由司法总长交给复审查律师惩戒会复审，复审结果报告司法总长确定，惩戒结果由政府公报公布。
In case of a lawyer who violates relevant laws and regulations, the president of the bar association may apply to the local Minister of Justice for disciplinary action according to the resolution of the permanent council or the Member's General Assembly.The local procurator-general petitioned the high procuratorgeneral ex officio, and then the high procurator-general submitted to the high adjudicative office (later the high court) for disciplinary action.Then the lawyers' disciplinary committee composed of the director of the high adjudicative office (later the president of the high court) gave disciplinary action to the relevant lawyers according to the prescribed procedures.If you are dissatisfied with the punishment, you can declare it to the Minister of Justice within 20 days;if there is any reason, it shall be submitted by the Minister of Justice to the re-examination lawyers' disciplinary committee for review, and the review results shall be reported to the Minister of Justice for confirmation, and the disciplinary results shall be published in the official gazette.
如果司法机关发现律师违法，可直接向律师惩戒机关提请惩戒，不过这往往属于受刑事处罚的律师，更多的违反律师公会会则的惩戒则是由律师公会提请的。律师公会对律师的监管主要体现在律师是否违背了律师公会会则，特别是在德义与风纪两方面。对于严重违背律师风纪的情况，律师公会可以根据公会会则对该律师作出退会处分。20世纪30年代天津律师公会李景光退会案便是非常著名的例证。当时天津律师公会新一届领导机构积极整顿会务、整肃风纪，从中发现会员李景光存在登报招揽，发行彩票，承诺低价、包赢官司等严重违反律师广告规定的行为，于是勒令其退会。后经长达五年的纷争，也包括李景光起诉律师公会，到1938年4月4日，天津律师公会会长李洪岳以天津律师公会公文形式呈报伪天津地方法院检察处，称：“本会于民国二十年（1931）十月依据当时有效会则议决，令其退会，呈报钧处之后，以其行为涉及刑事，交付侦查。”李景光退会案也成了民国时期查处时间最长、惩戒最为严厉的案例。
李景光、邓启律师的登报声明与启事
Newspaper statements and announcements made by lawyers Li Jingguang and Deng Qi
李景光律师
Lawyer Li Jingguang
李景光退会案训令
Instructions on Li Jingguang's withdrawal case
If the judiciary finds that a lawyer violates the law, it can directly apply to the lawyer disciplinary authority for disciplinary action, but this is often a lawyer who is subject to criminal punishment, and more disciplinary actions that violate the rules of the bar association are submitted by the bar association.The supervision of lawyers by the bar association is mainly reflected in whether lawyers violate the rules of the bar association, especially in the aspects of morality and discipline.In case of serious violation of lawyers' discipline, the bar association may, according to the rules of the bar association, take disciplinary action against the lawyers.The case of Li Jingguang's withdrawal from Tianjin Bar Association in 1930s is a famous example.At that time, the new leading organization of Tianjin Bar Association actively rectified the conference and discipline, and found that Li Jingguang, a member of Tianjin Bar Association, had serious violations of lawyers' advertising regulations, such as soliciting newspapers, issuing lottery tickets, promising low prices and winning lawsuits, so he was ordered to withdraw from the conference.After five years of disputes, including Li Jingguang suing the Bar Association, on April 4, 1938, Li Hongyue, president of the Tianjin Bar Association, reported to the procuratorate of the puppet Tianjin District Court in the form of the official document of the Tianjin Bar Association, saying, “It was decided in October 1931 according to the then effective meeting, and he was ordered to withdraw from the meeting.After reporting to the office, he involved criminal acts and sent him to the investigation.” The case of Li Jingguang's withdrawal from the Tianjin Bar Association also became the case with the longest investigation and the most severe punishment in the Republic of China.
四、律师公会的职能与社会价值
4.Function and Social Value of the Bar Association
对律师的监督、管理是律师公会最基本的职能。除此以外，律师公会还在加强与司法机关沟通、维护律师权益等法制建设以及保障广大贫苦民众的合法权益、国家赔偿制度的建立、收回法权等与国家、社会紧密相关的法律问题上发挥着积极的作用和应有的价值。
The supervision and management of lawyers is the most basic function of the bar association.In addition, the bar association also plays an active role and due value in strengthening communication with judicial organs, safeguarding lawyers' rights and interests and other legal issues closely related to the state and society, such as safeguarding the legitimate rights and interests of the poor people, establishing the state compensation system, and recovering legal rights.
（一）与司法机关沟通，保障律师进行法律服务的权利
(a) To Communicate with the Judicial Organs to Protect the Right of Lawyers to Provide Legal Services
进行法律服务是律师的基本特征之一，而这一过程必然会与司法机关产生联系，因此律师能否与司法机关进行有效沟通，就成了律师工作成败的重要一环，而律师公会为保障律师的基本权利，发挥着重要的作用。一方面，国家通过立法确保律师公会与司法机关沟通的顺畅。《律师暂行章程》第三十条规定，律师公会可就司法总长或审判衙门所咨询之事项作出决议，也可就与律师公会利害相关的问题，向司法总长或审判衙门提出建议。另一方面，律师公会会则保障了律师在司法机关办案的相关权利。如《天津律师公会会则》中规定：“第二十二条，本会律师在各级法院得请求抄阅关于承办案件一切文卷，但以经法院许可者为限。第二十三条，本会律师得通知监狱或看守所于接见时间内接见并询问承办案内之囚人或被羁押人。第三十二条，本会得请求法院指定律师休息室并为必要之设备。”
Providing legal services is one of the basic characteristics of lawyers, and this process is bound to have contact with judicial organs.Therefore, whether lawyers can communicate effectively with judicial organs becomes an important part of the success or failure of lawyers' work, and the bar association plays an important role in safeguarding lawyers' basic rights.On the one hand, the state has ensured the smooth communication between the bar association and the judiciary through legislation.Article 30 of the Provisional Regulation of Lawyers stipulates that the bar association may make resolutions on matters consulted by the Minister of Justice or the adjudicative office, and may also make suggestions to the Minister of Justice or the adjudicative office on issues related to judicial affairs and the interests of the bar association.On the other hand, the rules of the bar association guarantees lawyers' right to handle cases in judicial organs.For example, the Rules of Tianjin Bar Association stipulates, “Article 22, lawyers of this association may request to copy and read all documents about undertaking cases in courts at all levels, but only those permitted by the courts.Article 23,lawyers of the association may notify prisons or detention centers to meet and inquire prisoners or detainees in charge of the case during the interview time.Article 32, the association may request the court to designate a lawyer's lounge and provide it with necessary equipment.”
（二）扶弱济贫及冤狱赔偿运动
(b) Helping the Weak and Helping the Poor and Compensation for Unjust Cases Movement
对于没有聘请律师的刑事案件被告，法院应为其指定义务的辩护律师，同时被指定律师不得拒绝。然而，由于这是无偿的法律辩护，因此有些律师会以种种借口不到庭，或者到庭也不尽力。针对这种情形，律师公会会采取一定的措施，如1928年2月28日，上海律师公会第十八次改组委员会讨论临时法院来函告知指定义务律师往往不到庭，致使重要案件审理颇感困难，拟请由上海律师公会派员轮值，并由法院酌给津贴的问题。
For a defendant in a criminal case who has not hired a lawyer, the court shall appoint an obligatory defense lawyer, and the appointed lawyer shall not refuse.However, because this is a free legal defense, some lawyers will not appear in court under various excuses, or they will not try their best to appear in court.In view of this situation, the bar association will take certain measures.For example, on February 28, 1928, the 18th Reorganization Committee of Shanghai Bar Association discussed the problem that the appointed volunteer lawyers were often absent from the court in a letter from the Provisional Court, which made it difficult to hear important cases.It is proposed that the Shanghai Bar Association should send its staff to rotate on duty and the court should give allowances.
相比于刑事辩护，非刑事案件中更没有保障措施来解决因为贫穷而请不起律师的问题，大多数贫民往往因此而败诉，其合法权益得不到保护，律师保障人权的使命也成了一句空话。有鉴于此，天津律师公会于1935年3月31日正式成立了贫民法律扶助会，“对贫苦民众无偿予以法律上之援助，对于慈善事业，亦屡屡捐助”，帮助处于弱势地位的民众，积极从事社会慈善救助，以实现司法正义的追求。与此同时，全国各地律师公会也相继成立了平民法律扶助会，以改变律师为有钱人服务的形象。
Compared with criminal defense, in non-criminal cases, there are no safeguards to solve the problem that lawyers cannot be hired because of poverty.Most poor people often lose the case, and their legitimate rights and interests are not protected.The mission of lawyers to protect human rights has become empty talk.In view of this, the Tianjin Bar Association formally established the Legal Aid Society for the Poor on March 31, 1935, “providing free legal assistance to the poor people and making repeated donations to charitable causes”, helping the people in a weak position and actively engaging in social charity assistance in order to realize the pursuit of judicial justice.At the same time, bar associations all over the country had successively set up civilian legal aid associations to change the image of lawyers serving the rich.
扶弱济贫是律师公会深得人心的重要法律实践，而在民国时期，最具代表性的律师保障人权的案例，便是由各地律师公会共同推动的冤狱赔偿运动。所谓“冤狱赔偿”，是指人民在遭受国家司法机关违法判决、误判或无辜羁押后，除该司法机关应受法律制裁外，国家也应对遭受冤狱的人民进行赔偿的行为。冤狱赔偿运动是20世纪30年代中国律师界同仁为推动国家立法机关制定冤狱赔偿法、实行冤狱赔偿制度而发动法律界及各机关团体向政府请愿的全国性群众运动。此次运动由中华民国律师协会倡导，各地律师公会具体执行，并最终迫使南京国民政府开始了实行国家赔偿制度的准备，只因1937年7月日本全面侵华战争的爆发而终止。
王福同律师开办的“法律解答”专栏
“Legal Answers” column opened by lawyer Wang Futong
Helping the weak and helping the poor is an important legal practice won by bar associations.In the Republic of China, the most representative case of lawyers'protection of human rights was the Compensation for Unjust Cases Movement jointly promoted by lawyers' associations from all over the world.The so-called “Compensation for Unjust Cases” refers to the behavior that the state should compensate the people who suffered unjust imprisonment after the people suffered illegal judgment,misjudgment or innocent detention by the state judicial organ, except that the judicial organ should be subject to legal sanctions.The Compensation for Unjust Cases Movement was a national mass movement launched by the legal profession and government organizations to petition the government in order to promote the national legislature to formulate the Compensation for Unjust Cases law and implement the Compensation for Unjust Cases system in 1930s.The movement was initiated by the Lawyers Association of the Republic of China and implemented by local bar associations,which finally forced Nanjing National Government to start the preparation for the implementation of the state compensation system, but ended only with the outbreak of Japan's full-scale war of aggression against China in July 1937.
由于没有国家赔偿制度，因此民国的司法部门或“操行不检，嗜货渎职”，或“学识浅陋，轻率定谳”，或“无辜蒙罪，号泣周闻”，致使冤狱累累。“堂上一笔朱，阶下千滴血”的现实令人民的生命财产安全毫无保障。正因如此，1931年中华民国律师协会在杭州召开第三届代表大会，一致通过了《建议政府对于过误裁判实行国家负赔偿责任之制度案》，可惜未被政府采纳。1933年6月中华民国律师协会第五次代表大会在青岛召开，上海、杭州、苏州的律师公会联署向大会提交了《本会应建议立法院制订冤狱赔偿法案》，依然难逃被政府搁置的命运。不过，这也促使各律师公会下决心发动全国性民间社会运动，以推动政府实施冤狱赔偿制度。
Because there was no state compensation system, the judicial departments of the Republic of China were either “misbehaving, addicted to goods and dereliction of duty”, “ignorant, rashly offering”, or “innocent people were convicted, and the masses couldn't help crying when they heard it”, resulting in numerous unjust sentences.The reality of “a hasty judgment caused a serious cost to people's lives”endangers the safety of people's lives and property.For this reason, the Third Congress of the Lawyers Association of the Republic of China was held in Hangzhou in 1931, and unanimously passed the Proposal for the Government to Implement the System of State Responsibility for Compensation for Unjust Cases, but unfortunately it was not adopted by the Government.In June 1933, the Fifth Congress of the Lawyers Association of the Republic of China was held in Qingdao, and the bar associations of Shanghai, Hangzhou and Suzhou jointly submitted to the congress This Council should Recommend the Legislature to Formulate a Bill on Compensation for Unjust Cases, which was still doomed to be shelved by the government.However, this also prompted the bar associations to make up their minds to launch a nationwide civil society movement to promote the government to implement the Compensation for Unjust Cases system.
在1934年9月召开的律师协会第六届代表大会上，上海、天津、汉口、九江、广州的律师公会代表组成了冤狱赔偿运动委员会，开始领导全国的冤狱赔偿运动。同年11月12日，律师协会六届一次执行委员会会议推举江庸、李洪岳、沈钧儒、李时蕊等41人为委员会委员，负责推进冤狱赔偿运动。1935年5月5日，冤狱赔偿运动委员会在苏州召开全体会议，通过了《冤狱赔偿运动宣言》和《冤狱赔偿运动工作纲要》。此后，律师协会还制定了《律师公会冤狱赔偿运动工作大纲》，详细规划了冤狱赔偿运动的内容。
At the Sixth Congress of the Lawyers Association held in September 1934,representatives of the bar associations in Shanghai, Tianjin, Hankou, Jiujiang and Guangzhou formed the Committee for Compensation for Unjust Cases Movement, and began to lead the nationwide Compensation for Unjust Cases Movement.On November 12,the same year, the first session of the Sixth Executive Committee of the Lawyers Association elected 41 members, including Jiang Yong, Li Hongyue, Shen Junru and Li Shirui, to be responsible for promoting the Compensation for Unjust Cases Movement.On May 5, 1935, the Committee for Compensation for Unjust Cases Movement held a plenary meeting in Suzhou, and adopted the Declaration of Compensation for Unjust Cases Movement and the Work Outline of Compensation for Unjust Cases Movement.Since then, the Lawyers Association has also formulated the Work Outline of the Bar Association's Compensation for Unjust Cases Movement, and has planned the contents of the Compensation for Unjust Cases Movement in detail.
李洪岳继任天津律师公会会长的报道
Report on Li Hongyue's succession as chairman of Tianjin Bar Association
1935年6月5日，中华民国律师协会经过长期充分的准备，终于迎来了第一个冤狱赔偿运动宣传周。这一天，全国各地律师公会依照律师协会的决议与安排，在各地发起了冤狱赔偿运动。该运动得到了各地报纸、广播电台的配合与支持，获得了社会舆论的同情，一时间成为举国关注的事件，实现了运动引起政府注意的预期。
On June 5, 1935, the Lawyers Association of the Republic of China finally ushered in the first publicity week of the Compensation for Unjust Cases Movement.On this day, according to the resolution and arrangement of the bar association, the bar associations all over the country launched the Compensation for Unjust Cases Movement.The Movement received the cooperation and support of local newspapers and radio stations, and won the sympathy of public opinion.It became an event of national concern for a time and realized the expectation that the Movement would attract the attention of the government.
到1936年6月，冤狱赔偿运动得到了全国各界的同情与认可，南京国民政府也不得不认真对待举国沸腾的热情。1937年年初，国民政府立法院指派刑法委员会的赵琛、林彬、罗鼎起草冤狱赔偿法。6月2日，刑法委员会开会审查，将草案定名为《无罪被押受刑补偿法》，开启了民国时期国家赔偿制度建设的序幕。不过，随着七七事变的爆发，全面抗战开始，冤狱赔偿法不得不束之高阁，冤狱赔偿运动也就此中断。
By June 1936, the Compensation for Unjust Cases Movement had won sympathy and recognition from all walks of life across the country, and Nanjing National Government had to take seriously the enthusiasm of the whole country.At the beginning of 1937, the Legislature of the National Government appointed Zhao Chen,Lin Bin and Luo Ding of the Criminal Law Committee to draft a law on Compensation for Unjust Cases.On June 2, the Criminal Law Committee held a meeting to review and named the draft Law on Compensation for Imprisonment and Punishment, which opened the prelude to the construction of the state compensation system in the Republic of China.However, with the outbreak of the July 7 Incident of 1937 and the beginning of the All-out Anti-Japanese War of resistance, the Compensation for Unjust Cases law had to be shelved and the Compensation for Unjust Cases Movement was interrupted.
（三）收回法权宣传运动
(c) The Publicity Campaign to Recover Legal Rights
随着民国初年律师制度的确立与发展，到1919年年初巴黎和会召开时，律师及律师公会已能深刻影响民众的热情，中国人民强烈呼吁废除包含领事裁判权在内的众多不平等条约。1920年11月6日，北洋政府公布了《法权讨论委员会条例》，为收回包括领事裁判权在内的法权作好了准备。
With the establishment and development of the lawyer system in the early years of the Republic of China, by the time of the Paris Peace Conference in early 1919,lawyers and bar associations had been able to profoundly influence the enthusiasm of the people, and the Chinese people strongly called for the abolition of many unequal treaties including consular jurisdiction.On November 6, 1920, the Beiyang Government promulgated the Regulations of the Legal Rights Discussion Committee,which made preparations for the recovery of legal rights including consular jurisdiction.
1928年年底，南京国民政府完成了与列强的关税自主谈判，基本上实现了关税自主。第二年4月27日，南京国民政府外交部照会英、美、法、荷等国家，提出交涉法权，不过列强以种种借口不愿立即放弃领事裁判权。为配合外交部，司法院于1929年9月17日成立了由20人组成的法权筹备委员会，国民党中央执行委员会宣传部还编印了《撤废领事裁判权运动》一书，对国民进行宣传，推动收回法权的进程。
天津律师公会关于《无领事裁判权国律师出庭暂行章程》的快邮代电
Tianjin Bar Association's Provisional Regulation of Lawyers in Countries without Consular Jurisdiction by express mail
At the end of 1928, Nanjing National Government completed the tariff autonomy negotiations with the big powers, and basically realized the tariff autonomy.On April 27, the following year, the Ministry of Foreign Affairs of Nanjing National Government took note of Britain, America, France, Holland and other countries etc.,and put forward the right to negotiate, but the powers refused to give up consular jurisdiction immediately under various excuses.In order to cooperate with the Ministry of Foreign Affairs, the judicial court set up a preparatory committee for legal rights consisting of 20 people on September 17, 1929.The Propaganda Department of the Central Executive Committee of the Kuomintang also published the book Movement for Abolition of Consular Jurisdiction to publicize the people and promote the process of recovering legal rights.
与此同时，各地律师公会也在全国律师协会的领导下，发起了全国性的收回法权宣传运动。1929年11月7日，上海律师公会代表、法权运动宣传部主任吴迈与宣传部秘书李逢初从上海出发，赶赴南昌、九江、安庆、芜湖、南京、镇江、扬州、杭州、宁波、青岛、大连、沈阳、天津、北平、武汉、长沙等城市，开展撤废领事裁判权、废除一切不平等条约的收回法权宣传运动。宣传团所到之处，民众热烈响应，誓作政府后盾，支持废除领事裁判权。
At the same time, under the leadership of the National Lawyers Association,local bar associations also launched a nationwide publicity campaign to recover legal rights.On November 7, 1929, Wu Mai, a representative of Shanghai Bar Association and director of the Propaganda Department of the Legal Rights Movement,and Li Fengchu, secretary of the Propaganda Department, set off from Shanghai and rushed to Nanchang, Jiujiang, Anqing, Wuhu, Nanjing, Zhenjiang, Yangzhou,Hangzhou, Ningbo, Qingdao, Dalian, Shenyang, Tianjin, Beiping, Wuhan, Changsha and other cities to carry out a publicity campaign to revoke consular jurisdiction and abolish all unequal treaties.Wherever the propaganda group went, the people responded enthusiastically and vowed to be the backing of the government to support the abolition of consular jurisdiction.
其间，吴迈、李逢初等人于1930年4月20日抵达天津。天津律师公会会长许肇铭前来迎接，并提出天津市民对于撤废领事裁判权之事颇感兴趣。第二天，在教育局局长的陪同下，宣传团赴南开大学演讲。南开学子深受鼓舞，拟组织撤废领事裁判权宣传委员会，利用课余时间，向群众进行宣传。事实上，天津律师公会历来就具有抵制法权沦丧的鲜明态度。早在1921年2月26日司法总长董康批转天津总商会的训令中就有这样的记载：“转据天津律师公会呈各节均悉查无领事裁判权国律师须经本部审查合格颁给律师证书。”这里充分展示了天津律师公会在收回法权运动中的努力。
Meanwhile, Wu Mai, Li Fengchu and others arrived in Tianjin on April 20, 1930.Xu Zhaoming, chairman of Tianjin Bar Association, greeted them and pointed out that Tianjin citizens were interested in abolishing consular jurisdiction.The next day, accompanied by the Director of Education Bureau, the propaganda group went to Nankai University to give a speech.Encouraged by this, Nankai students planed to organize a publicity committee to abolish consular jurisdiction and publicized it to the masses in their spare time.In fact, Tianjin Bar Association had always maintained a clear attitude of resisting the loss of legal rights.As early as February 26, 1921, there was such a record in the instructions of the Minister of Justice Dong Kang who approved the Tianjin General Chamber of Commerce, “According to the Tianjin Bar Association, it was found that lawyers in countries without consular jurisdiction must pass the examination of the Ministry and be awarded a lawyer certificate.” This fully demonstrated the efforts of Tianjin Bar Association in the movement of recovering legal rights.