Codes of Online Services of 12348 Law Services of Shanghai (Trial Implementation)
Chapter 1: General Provisions
Article 1 To regulate the service behaviors of 12348 Law Services of Shanghai (12348.justice.gov.cn, hereinafter referred to as “Law Services of Shanghai) and improve the quality of public law services, based on the reality of Shanghai, the Codes are formulated in accordance with relevant laws and regulations, as well as the Opinions on Promoting the Construction of Public Law Service Platform and Guidelines on the Construction of 12348 Law Services of China.
Article 2 The Codes apply to the public law services provided by Law Services of Shanghai to social users, such as information release, information query, law consultancy and office services.
The Codes also apply to circumstances where the on-site law service volunteer units and volunteers of Law Services of Shanghai (hereinafter referred to as “volunteer units and volunteers” provide services via Law Services of Shanghai, including law firms and lawyers, notary offices and notaries, institutions of judicial appraisal and judicial appraisers, people's mediation committees and people’s mediators, community rectification workers, social workers, etc.
Article 3 Adhering to a demand-oriented approach, Law Services of Shanghai shall bring their professional advantages into play, focus on meeting the people’s increasing demands for law services, and offer more universally-beneficial, precise, convenient and efficient public law services for the public .
Article 4 Based on the contents of services provided, Law Services of Shanghai require users to register and provide real identity information.
Law Services of Shanghai shall keep registration information on confidential users.
In case Law Services of Shanghai discover and confirm that a user uses false information for registration, they are entitled to cancel the account of this user.
Article 5 Law Services of Shanghai analyze user demands, behaviors and habits based on big data, offer intelligent push of law service information of high attention degree and high correlation, and offers active services.
Article 6 Relying on artificial intelligence technology, Law Services of Shanghai integrate laws, regulations, policies, guidelines, common law-related questions and other information in the field of law services , offer multi-channel intelligent consultation, query, guidance and other services to users, and continuously increase their service efficiency.
Chapter 2: Information Release
Article 7 Law Services of Shanghai shall timely release public law service-related laws and regulations, as well as the rules and normative documents formulated by the Ministry of Justice and the normative documents formulated by Shanghai Bureau of Justice; when necessary, they may organize related staff, experts or scholars to interpret laws, regulations, rules and normative documents.
Article 8 Based on the applications submitted by law service institutions, Law Services of Shanghai can release the dynamic service information arising from their work or related notices, announcements and other information to the public.
Article 9 Law Services of Shanghai shall establish a normalized mechanism of collecting, reviewing, releasing and updating law-related news and information, actively republish recent social hotspots, law-related news, typical cases, expert interviews and other contents, and provide law advocacy and education to the public.
Chapter 3: Information Query
Article 10 Users can use Law Services of Shanghai to search for related laws, regulations, rules and normative documents.
Article 11 Users can use Law Services of Shanghai to search for the names, establishment time, practice teams, geological positions, business expertise and other information of the law service institutions in Shanghai, as well as the names, photos, practice-certificate number, practice term, practice institutions, business expertise, previous service history and other information of practitioners working in these law service institutions.
Article 12 Users can use Law Services of Shanghai to search for the administrative punishment and administrative penalty received by law service institutions or law service staff, the causes and types of such punishment and penalty, etc.
Article 13 Users can use Law Services of Shanghai to search for typical cases and law-related knowledge Q&A from the repositories built by Law Services of Shanghai.
Article 14 Law Services of Shanghai shall timely update the information of law service institutions and staff, regularly update related laws, regulations, law-related knowledge and typical cases, and update important and hotspot information on a real-time basis.
Article 15 Law Services of Shanghai shall provide website, WeChat Mini Programs, self-service touch screens and other diversified query channels, and perfect services convenient for the public according to user habits.
Chapter 4: Law Consultancy
Article 16 Law Services of Shanghai organize volunteer units and volunteers to provide online law consultancy to users.
Article 17 Law Services of Shanghai supervise and manage law consultancy services provided by volunteer units and volunteers to users.
Article 18Law Services of Shanghai shall remind users of the law-related risks existing in the issues consulted, and notify them that law consultancy advice is only for reference and that, in case the adoption of such law consultancy advice has given rise to law-related disputes or loss, neither Law Services of Shanghai nor volunteer units and volunteers are held responsible for law-related liabilities; Law Services of Shanghai shall guide users to rationally adopt law consultancy advice .
Article 19 Law Services of Shanghai shall retain law consultancy -related information, records and data for no less than two years, and apply related technical means to guarantee their integrity, accuracy and safety.
Article 20 Law Services of Shanghai shall conduct volunteer appraisal regarding the degree of consultancy service satisfaction. Volunteers shall reach a monthly appraisal participation rate of no less than 90%, and a monthly satisfaction degree of no less than 90%.
Chapter 5: Office Services
Article 21 Law Services of Shanghai offers law aid, lawyer service, notary service, judicial appraisal service, people’s mediation, law-related professional qualification examination, credit information and other online office services; users can receive online (reserved) targeted law services according to the procedures given by Law Services of Shanghai.
Article 22 In case a user submits an online application for law aid, the law aid institution receiving such application shall handle the case according to the Regulations of The People's Republic of China on Law Aid, Provisions of Shanghai Municipality on Law Aid and other relevant laws and regulations.
Article 23 In case a user applies for online reservation of people’s mediation, the people’s mediation organization receiving such application shall contact the applicant within three work days to determine whether mediation is suitable. If so, online or offline mediation can be conducted by many means according to the specific situation of the dispute.
Article 24 In case a user applies for online reservation of judicial appraisal service, the institution of judicial appraisal receiving such application shall contact with the applicant within three work days to conduct judicial appraisal according to the standard procedure.
Article 25 Law Services of Shanghai match-makes with “intelligent notarization” service, and offers the reservation of academic certificate notarization, academic degree notarization, grade notarization, marriage certificate notarization, housing property notarization, driving license notarization, business license notarization and other notary affairs. As regards notary affairs meeting online application and handling conditions, Law Services of Shanghai can guide users to log in the online service platforms of notary institutions for online application, online reception, online review and online payment.
Article 26 In case a user applies for online reservation of lawyer service, the lawyer receiving such application shall determine within one work day whether to accept it; if so, the lawyer shall determine the specific time and location with the user within three work days after receiving such application, and handle related commissioning formalities according to the Laws of the People's Republic of China on Lawyers and other relevant laws and regulations.
Article 27 Law Services of Shanghai also match-makes with the “Service Platform of the National Unified Law-related Professional Qualification Examination”, and offers a series of services to examinees, like service guidance, online registration, grade query, examination certificate query & printing, certificate reservation and receiving, certificate information query, pre-job training management, etc.
Article 28 Law Services of Shanghai shall continuously expand their services for the people.
Chapter 6: Law-related Liabilities
Article 29 The public law services provided by Law Services of Shanghai are free of charge.
Article 30 Volunteer units and volunteers only represent themselves (instead of Law Services of Shanghai) when they offer law consultancy advice to Law Services of Shanghai. The information query, law affair handling, law consultancy and other services provided by Law Services of Shanghai to users are only for reference, and the decision to adopt (or not adopt) them is to be made by users themselves. Under the premise of not violating the mandatory obligations stipulated by relevant laws and regulations, Law Services of Shanghai shall not be held responsible for law-related liabilities.
In case of a civil dispute arising between Law Services of Shanghai and law service institutions or law service staff from information query or affair handling, the dispute shall be solved by civil means.
Law Services of Shanghai shall provide telephone complaint, letter complaint, online complaint and other complaint channels for users. In case a user puts forward opinions or suggestions or makes a complaint about a volunteer unit or volunteer, Shanghai Bureau of Justice shall deal with the matter according to relevant laws and regulations.
Article 31 Depending on individual demands and volunteer suggestions, users can make an offline autonomous decision about whether to establish a law service clientage with volunteer units or volunteers.
In case of a dispute arising from the law service clientage between a user and a volunteer unit or a volunteer, the matter shall dealt with according to relevant laws and regulations.
Chapter 7: Supplementary Provisions
Article 32 Law Services of Shanghai shall formulate the Registration and Service Agreement of 12348 Law Services of Shanghai and Privacy Right Policies according to the Codes, and provide them to users and receive their consent before offering public law services.
In case a user does not accept the Registration and Service Agreement of 12348 Law Services of Shanghai, Law Services of Shanghai may refuse to offer public law services to the user.
Article 33 Shanghai Bureau of Justice is responsible for the interpretation of the Codes.
Article 34 The Codes have a trial implementation period of one year. The period of validity lasts from October 1, 2018 to September 30, 2019.