Except as otherwise provided by laws and regulations. Article 3 The judicial administrative departments of the people's governments at or above the county level shall administer the social legal consulting services within their respective administrative areas. Article 4 Without the approval of the judicial administrative department, no organization may provide paid legal consulting services to the society.
Individual citizens are not allowed to provide paid legal advisory services to the society. Fifth social legal consulting service institutions and their practitioners engaged in social legal consulting services, must abide by the Constitution and laws and regulations, and abide by professional ethics and practice discipline; Take facts as the basis and law as the criterion; Safeguard the legitimate rights and interests of the parties and the legal dignity of the state, and accept the supervision of the state, society and the parties.
Engaging in social legal consulting services according to law is protected by law. Chapter II Institutions and Employees Article 6 The business scope of social legal advisory service institutions is:
(1) Answering legal advice;
(2) Drafting, reviewing and amending relevant legal documents;
(three) as a legal adviser;
(4) Acting as an agent for other non-litigation legal affairs permitted by law. Article 7 The establishment of a social legal advisory service institution must meet the following conditions:
(a) there are more than five social legal consulting service practitioners;
(2) Having a fixed practice place and necessary office facilities;
(3) It has a statutory minimum registered capital;
(4) Having a sound financial system;
(5) Other conditions stipulated by laws and regulations. Eighth applications for the establishment of social legal advisory services, according to the following provisions and procedures:
(1) The applicant submits an application to the judicial administrative department of the local people's government at or above the county level and submits it to the provincial judicial administrative department for examination, which shall make a decision on approval or disapproval within 30 days;
(2) The applicant shall register with the local administrative department for industry and commerce within 30 days from the date of receiving the approval documents. If the applicant fails to register within the time limit, the original approval document will automatically become invalid;
(3) After registration, the applicant shall submit a copy of the registration materials, the opening bank and the account number to the provincial judicial administrative department for the record, and receive the Social Legal Consulting Service Practice License and the Social Legal Consulting Service Practice Certificate;
(4) The applicant should apply to the local price department for a license to collect fees before opening the business, and go through the tax registration with the tax department within 30 days after receiving the business license. Article 9 To apply for the establishment of a social legal advisory service institution, the following materials shall be submitted:
(1) an application;
(2) Articles of association;
(three) the applicant's academic credentials, identity certificate and resume;
(four) the certificate of use of the practice place;
(5) A capital verification certificate issued by a statutory capital verification institution;
(6) financial management system;
(7) Other necessary materials. Article 10 Where a social legal advisory service institution changes its name, domicile, articles of association and other important matters or requests to suspend business or dissolve, it shall apply to the original approval authority, and within 30 days after approval, it shall apply to the original registration authority for change or cancellation of registration, and report to the original approval authority for the record. Eleventh social legal advisory service institutions shall enjoy the following rights:
(a) to engage in various businesses stipulated in these regulations according to law;
(two) to collect legal consulting service fees in accordance with the provisions;
(3) Deciding on internal organization, personnel employment, wages and benefits, rewards and punishments and other matters in accordance with regulations;
(4) Other rights and interests as prescribed by laws and regulations. Twelfth social legal advisory service institutions shall perform the following obligations:
(a) to supervise and manage the personnel of this institution to perform their duties according to law;
(2) If losses are caused to the parties due to faults, they shall bear corresponding civil liabilities;
(3) Keeping state secrets, commercial secrets and personal privacy;
(4) Paying taxes according to law;
(five) to accept the guidance, supervision and management of the judicial administrative department and the supervision and inspection of the departments of industry and commerce, finance, taxation, price control and auditing. Thirteenth practitioners who apply for the practice certificate of social legal consulting services must support the people and the Constitution of China, act in accordance with the law and impartially, and meet one of the following conditions:
(1) Having the qualification of a lawyer;
(2) Having a college degree or above in law;
(three) engaged in the legal profession for more than five years. Fourteenth in any of the following circumstances, the practice certificate of social legal consulting service shall not be issued:
(1) Having no or limited capacity for civil conduct;
(2) Having been subjected to criminal punishment, except for negligent crimes;
(3) Being expelled from public office or having his lawyer's practice certificate or social legal consulting service certificate revoked;
(four) the current staff of state organs;
(five) other circumstances in which it is not appropriate to issue a practicing certificate according to law.