(decree number. 6 1 Ministry of Justice issued on July 26th, 2000)
Chapter I General Principles
Article 1 In order to standardize the lawyer qualification examination, establish an open, fair and just examination system, ensure the quality of lawyers and promote the healthy development of lawyers, these Measures are formulated in accordance with the Lawyers Law of People's Republic of China (PRC).
Article 2 The lawyer qualification examination is the national vocational qualification examination. Those whose test scores reach the admission mark and pass the exam shall be granted the qualification of lawyer by the Ministry of Justice.
Article 3 The lawyer qualification examination shall be organized by the Ministry of Justice and held once a year. The lawyer qualification examination is registered from July 1 day to July 3 1 day every year, and the examination is held on the third Saturday and Sunday in June1day every year.
Article 4 The Ministry of Justice shall set up a lawyer qualification examination institution to undertake the examination of lawyer qualification examination; The judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the examination work in their respective jurisdictions.
Chapter II Name Registration
Article 5 A person who meets the following conditions may register for the lawyer qualification examination:
(1) To support the Constitution of People's Republic of China (PRC) and enjoy the right to vote and stand for election;
(2) Having full capacity for civil conduct;
(3) Obtaining a junior college degree or above in law major in institutions of higher learning or equivalent professional level, and a bachelor degree or above in non-law major in institutions of higher learning;
(4) Good conduct;
Article 6 Anyone who is under any of the following circumstances shall not register for the lawyer qualification examination. If the registration formalities have been completed, the registration shall be invalid:
(1) Having no or limited capacity for civil conduct;
(2) Having received criminal punishment for intentional crime;
(3) Being expelled from public office;
(4) Being disqualified as a lawyer.
Article 7 Applicants shall truthfully fill in the application form and submit the following materials at the time of registration:
(a) the original and photocopy of the academic certificate;
(2) The original and photocopy of the ID card;
(3) proof of household registration; Persons who are not registered at their place of residence shall submit the temporary residence permit issued by the public security organ at the place of registration.
Article 8 Applicants shall pay the registration fee at the time of registration.
The standard of registration fee shall be determined by the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the charge management departments at the same level. The registration fee shall be earmarked for the expenses of the examination work.
Chapter III Examination Organization
Article 9 The judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government shall set up lawyer qualification examination offices to be responsible for organizing the examinations within their respective jurisdictions.
Article 10 The lawyer qualification examination offices of the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government are composed of personnel from the lawyer management departments and relevant departments, with the leaders of the competent departments (bureaus) as the person in charge, and their duties are as follows:
(1) Delineating the examination area;
(two) the organization of the province (autonomous regions and municipalities) lawyer examination registration, the organization of the province (autonomous regions and municipalities) registration personnel statistics, the arrangement of the admission ticket number and the printing and distribution of the admission ticket;
(3) Organizing the reception, storage, distribution, recovery and return of examination papers in this province (autonomous region or municipality);
(four) to guide the invigilation work of the province (autonomous regions and municipalities);
(five) in accordance with the provisions of the authority to deal with local examination registration and invigilation problems; In case of major problems, it should be reported in time.
Article 11 The judicial administrative organ of the city (prefecture) where the test area is located shall be responsible for organizing the examination work of this test area. If several cities (prefectures) merge to set up a test area, the judicial bureau of the city (prefecture) where the designated test center is located shall be responsible for organizing the relevant examination work.
Article 12 The municipal (prefectural) judicial administrative organ responsible for organizing the examination shall set up an examination office, which shall be composed of lawyers' administrative departments and personnel from relevant departments, with the leader of the competent bureau as the person in charge, and its responsibilities are as follows:
(1) Determining the layout of test sites and examination rooms;
(2) Selecting and training invigilators;
(three) receiving, keeping and distributing the examination papers, and recycling and returning the examination papers after the examination;
(4) handling problems in invigilation according to the prescribed authority; In case of major problems, it should be reported in time.
Article 13 A test center shall set up an invigilator's office, which shall be in charge of the invigilator, and its responsibilities are as follows:
(1) Organizing invigilation;
(two) in accordance with the relevant provisions of the invigilator work rules and examination rules, to deal with violations in the examination process;
(three) to check and accept the packaging of the test paper after the examination;
(4) submit the invigilation report.
Fourteenth each examination room is arranged with no more than 30 candidates, and the candidates' seats are arranged in single, single table and single line, with a distance of more than 80 cm. Each examination room is equipped with 2 to 3 invigilators, and there are many mobile invigilators outside the examination room. Invigilators must be trained before taking up their posts. Invigilators shall perform their duties in accordance with the work rules of invigilators.
Fifteenth for the examination work is chaotic or there are serious problems in the examination, the judicial administrative organs at or above the provincial level have the right to decide not to continue to set up examination areas in this place.
Chapter IV Life Problems
Article 16 The subjects of the national lawyer qualification examination include: Constitution, basic theory of law, administrative law, criminal law, civil law, commercial law, economic law, criminal procedure law, civil procedure law, administrative procedure law, international law, private international law, international economic law, lawyer system and practice. The proposition scope of the examination paper is limited to the outline of the lawyer qualification examination published by the Ministry of Justice.
Article 17 The Ministry of Justice shall set up a proposition committee for the lawyer qualification examination, which shall be responsible for the proposition of examination papers and guide the marking work. The Proposition Committee is composed of relevant personnel of the Ministry of Justice and members of the Proposition Committee. The members of the proposal committee shall serve for two years and may be re-elected.
Article 18 Members of the Proposition Committee shall be nominated by the lawyer qualification examination institution of the Ministry of Justice among those who meet one of the following conditions, and shall be selected and appointed by the Ministry of Justice:
(a) engaged in law teaching or scientific research work and obtained the professional and technical titles of law deputy senior or above;
(two) engaged in judicial and procuratorial work and served as a senior judge, senior prosecutor and lawyer for more than five years, with outstanding performance;
(3) The judicial administrative organ has been engaged in lawyer management for more than five years and is familiar with lawyer business.
Nineteenth members of the Proposition Committee shall strictly abide by the discipline of proposition work and undertake the obligation of confidentiality.
Article 20 The copyright of the examination paper of the lawyer qualification examination belongs to the Ministry of Justice. No individual or unit may, without permission, print, publish or distribute the examination questions over the years in any form.
Chapter V Printing and Transportation of Test Papers
Twenty-first lawyer qualification examination papers by the Ministry of justice commissioned by the relevant departments of the state approved the printing of confidential printing products. The unit that prints the test paper shall designate a person to be responsible for the printing work, print the test paper samples in strict accordance with the requirements, and package them as required. All personnel who come into contact with the examination paper must undertake the obligation of confidentiality.
Twenty-second lawyer qualification examination papers shall be delivered by the Ministry of Justice entrusted by the unit that meets the conditions for delivering confidential printed matter. The unit undertaking the delivery of test papers shall deliver the test papers to the place designated by the Ministry of Justice safely and on time within the specified time. When the test papers are delivered to the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, the lawyer qualification examination office shall count the number of test papers with the personnel delivering the test papers, check the sealed packaging, and sign the handover record. When transporting examination papers, you must abide by the state regulations on the transport of confidential documents.
Twenty-third papers should be stored in the confidential room, and there should be more than two people on duty day and night during the storage period. No one is allowed to unseal the examination paper before the exam begins.
Twenty-fourth after the examination, the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government are responsible for transporting the examination papers to the marking place designated by the Ministry of Justice safely and on time. After the examination, the handover procedures for returning the examination papers shall be handled in accordance with the provisions of the second paragraph of Article 22 of these Measures.
Chapter VI Grading and Achievement Notice
Article 25 The Ministry of Justice shall set up a leading group for marking work, which shall be responsible for organizing marking work. The Ministry of Justice may entrust the relevant units to undertake the examination paper evaluation.
Twenty-sixth marking units should choose a closed, quiet place to set up marking places, and equipped with security personnel responsible for safety work; In addition to marking personnel, other personnel are not allowed to enter the marking place.
Twenty-seventh marking personnel should be selected by the marking unit from those who meet the following conditions: (1) I or my close relatives have not participated in this year's lawyer qualification examination; (2) Bachelor degree or above in a specific law major.
Twenty-eighth marking personnel shall abide by the marking work discipline and perform their duties in accordance with the marking rules.
Twenty-ninth paper review, grading review and grading registration shall be undertaken by special personnel respectively.
Thirtieth after the marking work, the Ministry of Justice will notify the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government of the examination results in writing. The judicial administrative organs of cities (prefectures) shall notify the candidates by mail within 10 days after receiving the examination results.
Article 31 Candidates who have doubts about their scores may submit a written application to the judicial administrative organ of the place of registration within 10 days after receiving the notice of test scores, but may not apply for consulting or re-evaluating the test papers.
Thirty-second provinces, autonomous regions and municipalities directly under the central government, the judicial department (bureau) shall timely summarize and submit the application for score verification to the lawyer qualification examination institution of the Ministry of Justice, and the Ministry of Justice shall uniformly organize the verification.
Thirty-third scoring verification work, under the supervision of the leading group of marking work of the Ministry of Justice, shall be undertaken by the marking unit. The score verification of the test paper is limited to the calculation, total and login of the scores of each question on the test paper. After verification, if there is an error in the calculation, total and login of the test scores, it shall be corrected after being audited by the leading group for marking work, and the original scores and corrected scores shall be recorded.
Article 34 After the score verification is completed, the Ministry of Justice shall notify the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government of the verification results in writing. The judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government shall notify the candidates who apply for score verification within 15 days after receiving the notice.
Thirty-fifth lawyer qualification examination papers shall be destroyed by the marking unit after six months from the date of holding the lawyer qualification examination this year.
Chapter VII Access and Qualification Granting
Article 36 The Ministry of Justice shall determine and publish the number of lawyer qualifications granted in this year's examination every year.
Article 37 After the examination, the Ministry of Justice will admit lawyers according to the qualification granted by this year's examination, and the grades will be ranked from high to low.
Candidates who pass the examination and reach the minimum admission score after the score verification shall be admitted, and shall not be limited by the amount of lawyer qualification granted by the examination as stipulated in Article 36 of these Measures.
Candidates who have a record of absence or zero test scores will not be admitted.
Article 38 Candidates whose test scores have reached the admission mark shall, within 15 days from the date of receiving the written notice of the test results, go through the application procedures for lawyer qualification at the local judicial administrative organ and submit the certificate of no criminal record issued by the public security organ. Failing to go through the application formalities within the time limit without justifiable reasons shall be deemed as a waiver.
Candidates who fail to provide accurate mailing address and cannot be notified shall be notified by the municipal (prefecture) judicial administrative organ by way of announcement. If the applicant fails to apply for the qualification of lawyer within 20 days from the date of announcement, it shall be deemed as giving up.
Article 39 The judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government shall examine and verify the materials filled in by the admitted candidates and report them to the Lawyers Qualification Examination Committee of the Ministry of Justice for examination within 30 days.
Fortieth candidates who meet or exceed the minimum admission score, but do not meet the registration requirements stipulated in these Measures after examination, shall not be granted the qualification of lawyer.
Article 41 The Lawyers Qualification Examination Committee of the Ministry of Justice shall complete the examination within 30 days after receiving the materials summarized and reported by all localities, and distribute the certificates and lawyers' qualification certificates to the lawyers' qualification examination offices of the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, and the lawyers' qualification examination offices shall be responsible for distributing them to qualified candidates within 30 days.
Chapter VIII Responsibilities and Duties
Forty-second candidates in any of the following circumstances, the examination results are invalid, and they may not take the lawyer qualification examination within two years:
(1) Providing false certification materials or defrauding registration by other means;
(2) Being impersonated by others to take the exam;
(3) disturbing the order of the examination room;
(4) Sign or mark the unsigned part of the test paper to remind the marking staff;
(five) other cheating, if the circumstances are serious.
In any of the circumstances specified in the preceding paragraph, a lawyer's qualification certificate has been obtained, and the certificate shall be withdrawn and confirmed invalid.
Forty-third staff responsible for the examination shall be given administrative sanctions in any of the following circumstances; If the case constitutes a crime, it shall be transferred to judicial organs for handling:
(a) leaking test questions;
(2) shielding or conniving at candidates' cheating;
(3) tampering with scores;
(4) Other illegal acts.
Chapter IX Supplementary Provisions
Forty-fourth Hongkong, Macao and Taiwan Province residents to participate in the lawyer qualification examination measures shall be formulated separately.
Forty-fifth, according to the need, you can use the national language test paper commonly used in minority areas.
Forty-sixth "Proposal Work Rules", "Examiner Rules", "Examination Rules" and "Marking Rules" shall take effect at the same time as these Measures as annexes.
Article 47 The Ministry of Justice shall be responsible for the interpretation of these Measures.
Article 48 These Measures shall come into force as of the date of promulgation. 1996 the Ministry of justice issued decree No.48, and the measures for the national unified examination of lawyers' qualifications were abolished at the same time.