【新唐人2014年03月07日讯】自从中国企业注册年检制度日前取消以后，不少法律界人士也在网路上呼吁应当“取消律师及律师事务所年检制度”。而最近中共“两会”召开期间，中国各地律师再次发声，希望借助“两会”把这一问题推向前台。其中维权律师指出，年检和年度考核，早已成为有关部门敛财和打击依法办案律师的手段，应该马上取消。
3月初，中国企业取消年检和资本实缴制度后，律师袁裕来就在网路上呼吁：“也应当取消律师事务所年检和注册资本实缴。”引起各地律师们的附议。
而最近中共“两会”期间，中国各地律师再次呼吁“取消年检”，并希望参加“两会”的记者们帮忙问一声：当局什么时候取消律师年检？
广东律师庞昆指出，不管从法律上，还是道理上，律师年检都没有依据，更没有存在的必要。
广东律师庞昆：“律师申请职业的时候有过行政许可了，没有必要再设定一个年检，来检测每一年的工作，如果按照你要律师要年检，那你公务员是不是要年检？其他的从业人员要不要年检？公司都不用年检了你还害怕律师”
庞昆指出，现实中有大量的律师被卡在年检上，没有办法继续执业，这完全是控制律师和让律师自我审查的手段。他说，当局如果真想建设法治社会，必须“废除年检”。
每年4月或5月，中国各地司法局都会对律师及律师事务所进行年检与年审，并从6月起陆续公布审查结果。
许多维权律师因为代理中共认为的所谓“敏感案件”，因此不能通过审核，而失去继续从业的资格。
北京维权律师江天勇因为参与爱滋病感染者维权行动，及法轮功维权案件等活动，于2009年7月失去了律师执业证。
北京维权律师江天勇：“这种年检现在也叫年度考核，实际上成为这种司法行政部门，就是司法局、司法厅局和官办的律协，他们敛财的一种手段，因为他们所谓的年检，并不对律师及律师事务所上一年度，他的这种执业的行为进行真正考评。”
江天勇指出，全中国那么多的律师和律师事务所，当局不可能真正都去考核，只要律师和律师事务所，一直有向司法局“打招呼”，那么，交了钱就可以通过年检。
但中国律师年检中的收费问题，一直被抨击存在着严重贪腐。
据报导，2011年广东深圳有424家律师事务所，有7398名律师。仅“深圳律师协会”每年收取的年检等费用，就高达1928万元。
此外，律师年检各地收费标准也很混乱，如深圳律师每人每年是2320元，青岛是2000元，珠海3200元，上海1300元。深圳每个律师事务所缴纳的“律协”会费为5000元，而上海要两万元起步。有律师估算，每年律师年检费高达数亿元。
江天勇指出，这些费用的开支情况从来没有公开过，这就形成了很多权力的寻租和腐败，同时也成为有关部门敢于打压那些严格依法办案律师的一种手段。
江天勇：“其他律师哪怕有一点违法执业的情况，违规执业的情况，基本都能通过，而这些严格依法执业，但是不听司法局的个别人的违法的这种‘打招呼’，那么在年度考核中就会遇到这种刁难。”
据了解，大陆律师在代理维权、或政治等敏感案件时，必须向司法局“报备”，并在司法局的“建议”下办案，否则司法局就会利用“年检”，对代理律师秋后算账。迫使他们写下保证书或悔过书，否则将失去执业资格。
采访编辑/李韵 后制/陈建铭
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
