Accord With the Tide of History, Directly Elect Beijing Bar Association Directors
-- An Appeal to All Beijing Lawyers, Beijing's Justice Bureau, and the Beijing Bar Association

According to the constitution, attorney law, and regulations governing the registration and management of social organizations, lawyers have the right to free association and therefore Beijing's Bar Association should be composed of the capital's lawyers "voluntarily organizing and carrying out the common wishes of its members through this non-profit social organization." But it is evident that in the 30 years the Beijing Bar Association has been in existence, it has not accorded with these legal guidelines in its establishment or its activities, especially in safeguarding lawyers legal rights and protecting lawyers rights and interests. The majority of lawyers complain about this state of affairs, but feel powerless to change it because the bar association did not come into being via the voting of its members. This situation must be changed.

1. The qualifications of the present directors of the Beijing Bar Association is below that required by law and the Beijing Bar Association has no legal regulations and procedures for electing directors.

Regulations are the constitution of social organizations. According to the laws and regulations governing social organizations, the Beijing Bar Association's rules and election procedures should be determined by member voting, with either a 2/3 majority of more then 1/2 required for a motion to pass. But according to the website, the present Bar Association accords with regulations promulgated in 1982 and formalized in 1990, but they have never been voted on by the Bar's members, never mind passed by a majority vote, and have never been publicized. For these reasons these rules and regulations should have no legal effect.

The president, director, and supervisory board of the Beijing Bar Association have not been popularly elected by the Bar's members, and therefore should not have legal standing. According to an investigation, more than 90 percent of Beijing lawyers have never participated in any election activity of the Bar Association, and have never been informed of any voting activities. At present the president, director, and supervisory board are chosen among partners of major law firms with large incomes. It can be said that the present Beijing Bar Association is a kind of "Rich Man's Club," helping these fat cats expand their influence and attract new clients.

We earnestly appeal that when the new session of the Beijing Bar Association convenes, a truly democratic election of directors should take place. The chief principles should be: 1. All the members of the Bar should elect by a majority vote the president, directors, and supervisory board of the Bar; 2. The Bar's rules and regulations should be passed by a 2/3 majority vote of its members; 3. Elect a leadership that truly represents the interests of the members of the Bar; 4. Annual fees should be agreed on by a 2/3 majority vote (and the current fees should be reduced by more than 50 percent).

In order to promote the democratic administration of the Beijing Bar Association, we as a group of Beijing lawyers have organized ourselves and over the course of two months of efforts have drafted the "Beijing Bar Association Election Procedures (Draft Proposal)".

Democracy is not a far off ideal. Please submit your suggestions for amending this draft proposal and then vote on it and this sacred ideal can be realized!

Contact person: Cheng Hai 13601062745 (chh075@yahoo.com.cn)
August 26, 2008