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| Report on the Rights and Interests of Civil and Commercial Lawyers in China |
On July 8, the Asian Lawyers Network, a non-profit organization, released a report titled "Report on the Rights and Interests of Civil and Commercial Lawyers in China." The report indicates that while Chinese civil and commercial lawyers were previously considered to be in a "safe zone" of practice, they may now face prosecution by authorities for "aiding and abetting crimes" when representing clients in contract, debt, real estate, and corporate disputes. Providing legal advice, participating in litigation, or receiving legal fees can all lead to criminal prosecution.
This report was published on the Human Rights in China website on the eve of the 11th anniversary of China's "709 crackdown." Starting on July 9, 2015, Chinese authorities began mass detentions of human rights lawyers and activists. Eleven years later, the pressure on lawyers has extended beyond human rights cases and criminal defense to include lawyers who have long practiced civil and commercial law.
Lu Miaoqing, a public interest lawyer involved in the research, told this station that in the past, the legal profession generally believed that criminal defense and rights protection cases were the riskiest, while the professional risks were relatively low as long as one dealt with civil and commercial matters such as contracts, corporate law, and real estate. This professional judgment is now changing. She said, "Case risks also depend on the client's identity, the case background, and the political environment. What was originally an ordinary commercial dispute could lead to a lawyer being criminally prosecuted, or even imprisoned. This high degree of uncertainty is forcing more and more civil and commercial lawyers to readjust their professional judgment."
Ordinary commercial cases also carry criminal risks
The case of Guangxi lawyer Feng Bo is one of the cases included in the report. Feng Bo had served as the legal advisor to the president of a Guangxi chamber of commerce, who was later identified as the ringleader of an organized crime syndicate. Feng Bo was subsequently charged with participating in an organized crime syndicate and sentenced to 10 years in prison in the first instance. The appellate court overturned the organized crime charge but still sentenced him to 5 years in prison for fraud and aiding in the falsification of evidence.
The report uses the Feng Bo case to illustrate how a seemingly normal legal counsel relationship between a lawyer and client can be re-examined after the client's criminal conviction. Legal advice provided by the lawyer, involvement in debt settlement, representation, and even fees may be retroactively considered aiding and abetting a crime. Investigators sometimes pursue legal action based on the lawyer's "should have known" or "knowingly" regarding their actions.
The case of Anhui lawyer Lü Xiansan was also included. Lü represented clients in multiple private lending disputes. His clients were later identified as involved in a "loan sharking" criminal organization, and he was charged as an accomplice to fraud. He was sentenced to 12 years in prison in the first instance, but the sentence was reduced to 3 years on appeal. The report states that torture was used to extract confessions during the investigation phase, and related videos were deleted after being released.
The risks of practicing law continue to increase
When dealing with cases involving private enterprises, internet platforms, financial disputes, and debts, lawyers must also assess whether the case might be politically sensitive. Some lawyers evaluate the client's identity, corporate background, and political risks before examining the legal relationships.
The report points out that the risks faced by civil and commercial lawyers include the expansion of political risk boundaries, the spread of enforcement models such as "substituting criminal cases for civil cases" and "using criminal penalties to settle debts," and a decline in the openness of judicial documents. Data cited in the report indicates that the rate of public disclosure of court judgments fell to a record low of 12.5% in 2023, with the dual increase in judicial opacity and unpredictability significantly raising the professional risks borne by lawyers.
In addition to criminal risks, Chinese lawyers also face declining business and tax burdens. By 2025, the number of practicing lawyers in China had reached 830,000, nearly 1.8 times the original number in ten years; however, the average revenue per lawyer in Beijing decreased from 840,000 yuan in 2019 to 680,000 yuan in 2023.
Lawyers face multiple professional pressures
Li Fangping, a Beijing lawyer residing in the United States, told this station that Chinese civil and commercial lawyers are facing more than just a single problem; political risks, judicial uncertainties, market competition, and tax systems are all compounded. He said, "With the market downturn, lawyers' incomes have declined, but taxes and compliance costs have not decreased accordingly. Many lawyers are already in a situation where they can hardly bear it for long. If this trend continues, it will not only affect the lawyer community itself, but also weaken the ability of market entities to obtain legal services in accordance with the law."
The report argues that even after lawyers strictly pay their taxes, their overall tax burden may account for 40% to 50% of their income; however, adopting common tax arrangements within the industry may lead to accountability from tax and public security departments. The report summarizes this situation as "compliance means losses, tax avoidance means illegality."
The current system of the All China Lawyers Association has also been criticized for lacking industry self-governance. The report points out that the association is effectively controlled by the judicial administration department, and in some cases, the Party Secretary of the association is concurrently a government official, making it difficult for them to represent lawyers in cases of infringement upon their professional rights. The report recommends promoting the return of the Lawyers Association to industry self-governance, adjusting the lawyers' tax and fee system, and establishing a clear professional exit mechanism so that lawyers can terminate their representation and obtain legal protection when they discover that a client may be violating the law.
