Article 11 To apply for practicing as a lawyer, the following materials shall be submitted to the judicial administrative organ of a city divided into districts or a district (county) of a municipality directly under the Central Government:
(1) Application for practicing; ?
(2) Legal professional qualification certificate or lawyer qualification certificate; ?
(3) Materials issued by the Lawyers Association that the applicant has passed the internship examination; ?
(4) the identity certificate of the applicant; ?
(5) A certificate issued by the law firm agreeing to accept the applicant. ?
When applying for a practice license, the applicant shall truthfully fill in the lawyer's practice registration form. ?
Article 12 To apply for practicing as a part-time lawyer, in addition to the relevant materials specified in Article 11 of these Measures, the following materials shall also be submitted: (1) Experience in legal education and research in institutions of higher learning and scientific research institutions and supporting materials; ? (two) the unit agreed to the applicant's part-time lawyer's practice certificate.
There are full-time lawyers and part-time lawyers. The so-called part-time lawyer refers to "a person who has obtained a lawyer's qualification and a lawyer's practice certificate and is engaged in a lawyer's profession without leaving his post".
According to the Measures for the Administration of Part-time Lawyers promulgated by the Ministry of Justice in June 1996+0 1, only "people who are engaged in teaching and research in law colleges (departments) and law research units" can be part-time lawyers.
Extended data:
Lawyer-related information
1. Lawyers must pass the national judicial examination and obtain the legal professional qualification certificate. People who do not have a lawyer's practice certificate, but are engaged in legal affairs, are generally grassroots legal service workers, and hold a legal service worker's practice certificate issued by the Judicial Bureau. There are also some people who are engaged in legal affairs without a license or proper occupation, commonly known as "black lawyers", not real lawyers.
2. A lawyer must have both a legal professional qualification certificate and a practicing certificate. If you only have a legal professional qualification certificate and no lawyer's practice certificate, you can't call a lawyer.
3. The clients of lawyers are the whole society, and there is no specific target. Both natural persons and legal persons may entrust lawyers to represent legal affairs.
4. To engage in lawyer business, you must have the entrustment of the parties or the designation of the people's court, and work within the scope of authorization, and you must not exceed your authority or abuse your rights.
5. Lawyers are legal workers. Lawyers can only protect the legitimate rights and interests of clients within the scope permitted by law, and their work within the scope permitted by law is protected by law, without interference from administrative units, clients and individuals.
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice jointly promulgated the Provisions on Protecting Lawyers' Practice Rights according to Law on September 20 15.
The regulations emphasize that people's courts, people's procuratorates, public security organs, state security organs and judicial administrative organs should respect lawyers, improve the system for safeguarding lawyers' practice rights, and protect lawyers' rights to know, apply, appeal, meet, read papers, collect evidence, cross-examine and debate within their respective functions and duties according to relevant laws, and must not hinder lawyers from performing their duties of defense and agency according to law, and must not infringe on lawyers' legitimate rights.
The Regulations further clarify the measures to protect lawyers' practice rights. It is emphasized that if the case-handling organ makes major procedural decisions such as transfer, review and prosecution, it shall promptly inform the defense lawyer according to law.
The defense lawyer shall meet with the criminal suspect and defendant in custody, and if the detention center can arrange it at that time, it shall arrange it at that time;
If it cannot be arranged at that time, the detention center shall explain the situation to the defense lawyer and ensure that the defense lawyer meets the criminal suspect and defendant in custody within 48 hours. In the course of investigation, if a defense lawyer requests to meet with a criminal suspect in custody who commits crimes endangering national security, terrorist activities or especially serious bribery crimes, and applies to the investigation organ, the investigation organ shall promptly review the case according to law, and shall not arbitrarily explain and expand the scope of the three types of cases and restrict the lawyer's meeting.
The people's procuratorate and the people's court shall arrange for defense lawyers to read the examination papers at that time. If it can't be done at that time, it shall explain and arrange for the defense lawyer to read the papers within three working days, and shall not limit the number and time of the defense lawyer's reading.
If a defense lawyer applies for convening a pre-trial meeting, withdrawing, making supplementary appraisal or re-appraising, and witnesses and experts appear in court before the court session, the people's court shall promptly examine and make a decision and inform the defense lawyer.
Before the end of case investigation, when the people's procuratorate and the people's court examine and approve the arrest, and when the Supreme People's Court reexamines the death penalty case, the case-handling organ shall listen to the opinions of the defense lawyers. If the people's procuratorate examines and prosecutes and the people's court of second instance decides not to hold a hearing, it shall fully listen to the opinions of the defense lawyers.
If a defense lawyer applies for excluding illegal evidence, the case-handling organ shall listen to the opinions of the defense lawyer, review and verify the relevant evidence in accordance with legal procedures, and decide whether to exclude it according to law. In the process of court hearing, judges should pay attention to the equality of litigation rights and the balance between prosecution and defense. The court shall fairly guarantee the contents, methods and time of lawyers' questioning, cross-examination and debate according to law.
The people's court shall allow lawyers to consult the audio-visual materials of the trial recorded by the people's court.
This is an important measure to deepen the reform of the lawyer system and promote the development of lawyers' career, which is of great significance for safeguarding lawyers' practice rights, giving full play to lawyers' role and establishing the lawyer system in Socialism with Chinese characteristics. ?
Whether members of the Standing Committees of the People's congresses at all levels can perform their duties as lawyers;
After studying with the Legislative Affairs Commission of the National People's Congress Standing Committee (NPCSC), the Ministry of Justice believes that the standing committees of people's congresses at all levels are permanent organs of state power at the same level, and have the responsibility of supervising the work of people's governments, people's courts and people's procuratorates at the same level, and appointing and removing judges of people's courts and prosecutors of people's procuratorates according to law.
If the members of the Standing Committees of People's congresses at all levels perform their duties as lawyers, it will cause a lot of inconvenience and the system will not adapt. Therefore, in the future, the judicial organs will no longer approve members of the Standing Committees of people's congresses at all levels to serve as full-time and part-time lawyers and perform their duties as lawyers; Full-time and part-time lawyers who have obtained the qualification of lawyers are elected as members of the Standing Committees of people's congresses at all levels, and they will stop performing their duties as lawyers from the date of their election, but they can retain their qualifications as lawyers.
China News Network-The Ministry of Justice issued the full text of the Measures for the Administration of Lawyers' Practice.
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