改革开放后天津律师业的起步

改革开放后天津律师业的起步

THE STARTING OF TIANJIN LAWYER INDUSTRY AFTER THE REFORM AND OPENING-UP

从1981年1月开始,天津市司法局开展了为期四个半月的律师招聘工作。经过报名、考试、体检、政审等环节,市司法局最终录取了专职律师43人、兼职律师工作人员20人。同时,根据司法部(1981)司发公字269号文件的精神,天津市司法局还为专职律师、兼职律师、实习律师、律师业务工作人员统一颁发了律师工作证。到当年11月份,天津律师共办结刑事辩护案件875件,代理民事案件226件,接待群众来访、解答法律咨询5471人次,代写法律文书2061件。

From January 1981 to April 16, the recruitment of lawyers by the Municipal Bureau of Justice basically ended. After registration, examination, physical examination, political review, etc., 43 full-time lawyers and 20 part-time lawyers staff were admitted. In accordance with the spirit of the Ministry of Justice (1981) Sifagongzi No. 269, the Tianjin Municipal Bureau of Justice issued a unified lawyer's work permit. The scope of distribution includes: lawyers, part-time lawyers, trainee lawyers, and lawyer business staff. On November, Tianjin lawyers settled 875 criminal defense cases, represented 226 civil cases, received visits from the masses, answered legal inquiries, 5471 person-times, and wrote 2061 legal documents.

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天津市委组织部、天津市人事局关于天津市司法局公开招募律师有关问题的通知
Notice of the Organization Department of the Tianjin Municipal Committee of the Communist Party of China and the Municipal Personnel Bureau on issues concerning the open recruitment of lawyers by the Tianjin Municipal Bureau of Justice

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1980年天津市司法局招聘律师简章
In 1980, Tianjin Municipal Bureau of Justice recruitment lawyer guide

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1981年天津市司法局招聘律师体检通知
Medical examination notice for recruitment of lawyers by Tianjin Municipal Bureau of Justice in 1981

1982年1月13日,天津市司法局下发了《关于试行〈律师收费试行办法〉的通知》。《通知》要求各法律顾问处于当年3月10日前,将试行中的经验和问题呈报市司法局公证律师处。两天后,天津市高级人民法院、天津市司法局、天津市财政局又联合下发了《天津市各级人民法院审理法人之间经济纠纷案件收取诉讼费用暂行规定的通知》。《暂行规定》共十四条,自1982年2月1日起施行。当年下半年,天津市司法局又连续下发了若干与律师工作相关的规定,如《关于严加制止冒充律师进行非法活动的通知》(7月15日)、《关于对专职律师工作人员进行考核及审批律师资格的意见》(8月13日)、《天津市律师守则(试行)》(10月6日)、《天津市兼职律师管理试行办法》。其中《守则》(共八条)和《办法》(共十条)对律师和兼职律师提出了严格的要求。12月4日,天津市司法局下发了《关于法院指定的辩护案件收费的通知》,指出:“自1983年1月1日起,对法院指定辩护的一、二审案件,法律顾问处应向法院收取辩护费,每件壹拾伍元。”一系列的规定为天津律师业的平稳起步与良好发展作出了规范。

On January 13, the Municipal Bureau of Justice issued the Notice on Trial Implementation of the Trial Measures for Lawyers' Fees. The Notice requires all legal counsel offices to be present before March 10, and report the experience and problems in the trial implementation to the Notary Lawyer Office of the Municipal Bureau of Justice. On January 15, the Tianjin Higher People's Court, the Municipal Bureau of Justice, and the Municipal Finance Bureau jointly issued the Notice of the Interim Provisions on the Collection of Litigation Fees in the Trial of Economic Dispute Cases between Legal Persons by the People's Courts of Tianjin at All Levels. There are 14 articles in the Regulations, which came into effect on February 1, 1982. Since 1982, the Municipal Bureau of Justice has successively issued a number of regulations on the work of lawyers, including: Notice on Strictly Stopping Illegal Activities Impersonating a Lawyer (July 15), Regarding the Assessment of Full-Time Lawyers Opinions on the Approval of Lawyers' Qualifications (August 13), Tianjin Lawyers Code (Trial) (8 articles in total, October 6), and Tianjin City Part-Time Lawyers Management Trial Measures (10 articles in total). The Code and Measures set strict requirements on lawyers and part-time lawyers. On December 4, the Municipal Bureau of Justice issued the Notice on Charges for Defense Cases Designated by the Court. The Notice pointed out, “Since January 1, 1983, the legal counsel office shall collect defense fees from the court for cases of first instance and second instance for which the court has designated defense, at a rate of one hundred and fifty yuan per case.” A series of regulations set the standards for the steady start and sound development of Tianjin's lawyer industry.

1982年10月15日,经天津市编制委员会批准,天津市法律顾问处增加事业编制35名,各区、县法律顾问处增加事业编制134名,各区、县公证处增加行政编制61名,市政法干部学校增加行政编制20名。当年年底,在全市19所法律顾问处中,有三所法律顾问处应聘担任七家企事业单位的常年法律顾问。全市律师全年共办结刑事辩护案件1839件、各类民事和经济案件949件,解答法律咨询20349人次,代写法律文书6498件。全市律师的收费总额为120133元,公证收费32585元。

Approved by the Municipal Organization Committee on October 15 of the same year, the establishment of the judicial administration system was increased as follows: the Municipal Legal Counsel Office increased the establishment of 35, the district and county legal counsel offices increased a total of 134, the district and county notary offices increased the administrative establishment of 61; the municipal law cadre school increases the administrative establishment by 20. By the end of 1982, among the 19 legal counsel offices in the city, 3 legal counsel offices were employed as perennial legal advisors for 7 enterprises and public institutions; 1839 criminal defense cases and 949 various civil and economic cases were handled throughout the year, answered 20,349 legal inquiries, and wrote 6,498 legal documents. Tianjin lawyers' fees totaled 120,133 yuan; notarization fees were 32,585 yuan.

经过一年的发展,到1983年年底,天津律师总数增长到257人,其中被授予律师资格的有115人、兼职律师54人、实习律师10人。律师应聘担任常年法律顾问的企事业单位有54家。全市律师全年共办结刑事辩护案件2710件、民事案件1218件、经济案件124件,承办非诉讼事务106件,解答法律咨询23114人次,代写法律文书8021件。(https://www.daowen.com)

After a year of development, by the end of 1983, the total number of lawyers in the city had grown to 257. Among them: 115 were granted lawyer qualifications, 54 were part-time lawyers, and 10 were trainee lawyers. There are 54 enterprises and institutions for which lawyers are employed as perennial legal advisers. In the whole year, they handled 2,710 criminal defense cases, handled 1,218 civil agency cases, represented 124 economic cases, undertook 106 non-litigation incidents, and answered 23,114 legal inquiries, wrote 8021 legal documents.

发生在1984年的荷花女名誉权案是新中国成立后首例死者生前的名誉、人格权益是否仍受民法保护的案例,而这在当时还没有明确的立法。1984年4月18日至6月12日,天津《今晚报·副刊》连载小说《荷花女》。因小说中有关荷花女(吉文贞)之母陈秀琴同意其女作妾并遭流氓侮辱的情节失实,所以原告陈秀琴将小说作者和报社共同告上法庭。该案后经天津市中级人民法院和代理律师王宗华的积极调解而结案,最高人民法院还专门复函了天津市高级人民法院。该案的公正审理也成为了全国法院处理此类案件的典型。

The Lotus Girl's reputation right case that occurred in 1984 was the first case after the founding of the People's Republic of China on whether the reputation and personality rights of the deceased were still protected by the civil law. At that time, there was no clear legislation. From April 18 to June 12, 1984, the Supplement of Tianjin Tonight News serialized the novel Lotus Girl. Because the plot of Chen Xiuqin, the mother of the Lotus Girl (Ji Wenzhen) in the novel, who agreed to her concubine as a concubine and was insulted by hooligans, the plaintiff Chen Xiuqin took the novel author and the newspaper to court. The case was closed after the active mediation of Tianjin Intermediate Court and the attorney Wang Zonghua. The Supreme People's Court also specially replied to Tianjin Higher People's Court. The fair trial of this case has also become a typical case in the handling of such cases by courts across the country.

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曲艺艺人荷花女
Quyi artist Lotus Girl

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最高人民法院的专门复函
Special reply letter from the Supreme People's Court

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天津市高级人民法院关于荷花女案的民事调解书
Civil mediation letter of Tianjin Higher People's Court on the case of the Lotus Girl

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1989年第7期《人民司法》关于荷花女案的评论
Comment on the case of the Lotus Girl in the seventh issue of People's Justice in 1989

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《最高人民法院公报》对荷花女名誉权案的报道
Report of the Supreme People's Court Bulletin on the Lotus Girl's reputation right case