Measures for the Administration of Lawyer Practice

Measures for the Administration of Lawyers' Practice

(Issued by Ministry of Justice Decree No. 112 on July 18, 2008, and amended by Ministry of Justice Decree No. 134 on September 18, 2016)

Chapter I? General Provisions

Article 1 In order to regulate the licensing of lawyers' practice, safeguard the practice of lawyers in accordance with law, and strengthen the supervision and management of lawyers' practice, these Measures are formulated in accordance with the Law of the People's Republic of China on Lawyers (hereinafter referred to as the "Lawyers Law") and the provisions of other relevant laws and regulations.

Second, lawyers shall support the leadership of the party of China ***, support the socialist rule of law as the basic requirements of practice. Lawyers through the practice of law, shall safeguard the lawful rights and interests of the parties, safeguard the correct implementation of the law, safeguard social justice and righteousness.

Article 3 lawyers practice in accordance with the law, any organization or individual shall not infringe the lawful rights and interests of lawyers. Judicial administrative organs and lawyers association shall safeguard the lawyers' right to practice law.

Fourth, the judicial administrative organs in accordance with the "lawyers" and the provisions of the practice of lawyers supervision, guidance. Lawyers association in accordance with the "lawyers law", the association's articles of association and industry norms on lawyers practice self-discipline.

Article 5 of the judicial administrative organs, the bar association shall establish and improve the system of recognition and reward of lawyers, according to the relevant provisions of the establishment of a comprehensive and individual recognition project, for safeguarding the lawful rights and interests of the people, and promote economic and social development and the rule of law of the country made outstanding contributions to lawyers for recognition and reward.

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Chapter II conditions for lawyers

Article 6 To apply for lawyers to practice law, shall have the following conditions:

(1) uphold the Chinese people's *** and the Constitution of the State;

(2) through the national unified judicial examination to obtain the certificate of qualification for legal profession;

(3) One year of internship in a law firm;

(d) Good conduct.

Lawyer's qualification certificates obtained before the introduction of the national unified judicial examination shall have the same effect as legal professional qualification certificates when applying for the practice of law.

Enjoying the national unified judicial examination related application conditions, examination pass preferential measures, and obtain the legal professional qualification certificate, its application for law practice in accordance with the relevant provisions of the geographical restrictions.

Applicants for the practice of law shall, in accordance with the provisions of the internship activities organized by the bar association, and by the bar association assessment.

Article 7 To apply for part-time lawyers to practice, in addition to the conditions stipulated in Article 6 of these Measures, shall also have the following conditions:

(1) engaged in legal education and research in colleges and universities and scientific research institutes;

(2) with the consent of the unit in which he or she works.

Article 8 An applicant for licensed lawyer practice shall meet the conditions set forth in the Lawyers Law and the relevant regulations of the State Council.

Article IX shall not be issued a lawyer's license to practice law in any of the following circumstances:

(1) incapable of civil conduct or restricted capacity for civil conduct;

(2) has been subjected to criminal penalties, except for crimes committed by negligence;

(3) dismissal from public service or revocation of the lawyer's license to practice law.

Chapter III licensing procedures for the practice of lawyers

Article 10 of the licensing of lawyers, by the municipal level or municipalities directly under the central government of the district (county) judicial administrative organs to accept applications for practice and preliminary examination, reported to the provinces, autonomous regions and municipalities directly under the central government of the judicial administrative organs for examination and approval, and to make a decision whether or not to permit the practice of law.

Article 11 application for the practice of law, shall submit the following materials to the municipal level or municipality directly under the central government of the district (county) judicial administrative organs:

(1) application for practice;

(2) legal professional qualification certificate or attorney's qualification certificate;

(3) the applicant internship assessment issued by the bar association;

() (D) the applicant's proof of identity;

(E) a certificate issued by the law firm agreeing to accept the applicant.

When applying for a license to practice law, the applicant shall truthfully fill in the Application for Registration of Lawyer Practice.

Article XII of the application for part-time lawyers, in addition to submitting the relevant materials in accordance with the provisions of article 11 of these measures, shall also submit the following materials:

(1) in colleges and universities, scientific research institutions engaged in legal education, research experience and supporting materials;

(2) the unit agreed to the applicant's part-time lawyers to practice proof.

Article 13 The judicial administrative organ of a city or municipality directly under the central government shall deal with the applicant's application for practicing as a lawyer in accordance with the following circumstances:

(1) If the application materials are complete and in accordance with the legal form, the application shall be accepted.

(2) application materials are incomplete or do not meet the statutory form, shall be on the spot or within five days from the date of receipt of the application materials to inform the applicant of all the contents of the need to make corrections. The applicant to make corrections as required, be accepted; late notification, from the date of receipt of the application materials shall be accepted.

(C) the application clearly does not meet the statutory requirements or the applicant refuses to make corrections, can not make corrections to the relevant materials, inadmissible, and explain the reasons in writing to the applicant.

Article 14 The judicial administrative organ accepting the application shall, within twenty days from the date of acceptance of the decision to complete the examination of the application materials.

In the review process, may seek the views of the county-level judicial administrative organs where the application for practice; for the need to investigate and verify the situation, may require the applicant to provide relevant supporting materials, may also entrust the county-level judicial administrative organs for verification.

After examination, the applicant shall meet the statutory conditions, whether the submitted materials are true and complete to issue a review opinion, and will review the opinion and all the application materials sent to the provincial, autonomous regions and municipalities directly under the Central Government judicial administrative organs.

Article 15 Provinces, autonomous regions and municipalities directly under the central judicial administrative organs shall, within ten days from the date of receipt of the application submitted by the examination opinion and all the application materials to be examined, to make a decision on whether to grant the practice.

Approved to practice, shall be issued to the applicant within ten days from the date of the decision to practice law.

Not allowed to practice, shall give the applicant a written explanation of the reasons.

Article 16 Application for licensed lawyers to practice, the materials to be submitted and the acceptance, assessment and approval procedures, in accordance with the provisions of the relevant regulations of the State Council.

Article 17 of the applicant has one of the circumstances provided for in article 9 of these measures, shall not be allowed to practice law.

Article 18 of the lawyer's license is a lawyer is permitted to practice in accordance with the validity of the documents.

Certificate of practice of lawyers shall contain the contents of the production of specifications, the preparation of the number, by the ministry of justice. Practice certificate by the ministry of justice.

Article 19 of the following circumstances, by the province, autonomous region, municipality directly under the central government judicial administrative organ of the decision to grant the applicant to revoke the original decision to grant:

(a) the applicant fraud, bribery and other improper means of obtaining the decision to grant the license;

(b) the applicant does not meet the legal conditions of the applicant to grant the practice of law, or in violation of the statutory procedures. The decision to permit the practice of law.

Article 20: A lawyer who changes his or her practice shall apply to the judicial administrative organ of the city or municipality directly under the central government where the proposed change is to be made, and submit the following materials:

(1) a certificate issued by the judicial administrative organ of the county in which the original practice is located that the applicant does not have the circumstances set forth in article 21 of these measures;

(2) a certificate of dissolution of the employment relationship or of the relationship of the original practice or of the relationship of the applicant to the original practice or of the relationship of the original practice. (B) and the original practice organization to terminate the employment relationship or partnership, as well as the completion of business, archives, financial and other handover procedures;

(D) the applicant's experience in the practice of evidence.

The accepting authority shall issue a review of the application for change and the submitted materials, and together with all the application materials submitted to the provincial, autonomous regions and municipalities directly under the Central Government judicial administrative organs for examination. Permitted to change, by the examination authority for the applicant for the issuance of lawyers practicing certificate; not permitted to change, shall explain the reasons in writing to the applicant. The review, approval, renewal procedures and period, with reference to the provisions of articles 14 and 15 of these measures.

If the change is granted, the applicant shall submit the original practicing certificate to the original reviewing and issuing authority before receiving the new practicing certificate.

The lawyer across the city or province, autonomous region, municipality directly under the central government to change the practice, the original practice and change the location of the practice of judicial administrative organs shall be handed over between the lawyer's practice files.

Article 21 of the lawyer was suspended during the penalty or complaints are being investigated, shall not apply for a change of practice; law firms are suspended for rectification of penalties for a period of time has not yet expired, the person in charge of the firm, the partners and law firms are suspended from rectification of penalties directly responsible for the lawyers shall not apply for a change of practice; law firms should be terminated, in the completion of the liquidation, For cancellation, the person in charge of the firm, partners and law firms are directly responsible for the revocation of the license to practice lawyers shall not apply for a change of practice.

Article 22 of the lawyers are assigned to the law firm branch practice, the lawyer's license and management methods, in accordance with the relevant provisions of the ministry of justice.

Article 23 of the lawyer has one of the following circumstances, by the original examination and issuance of the place of practice of the authorities to withdraw, cancel their lawyer's license:

(a) by the revocation of the lawyer's license penalty;

(b) the original decision to permit the practice of law has been revoked;

(d) due to the law firm with the lawyer's office, and the management of the relevant provisions of the ministry of justice. p>(4) because of the termination of the employment contract with the law firm or the law firm is canceled, within six months has not been employed by another law firm;

(5) for other reasons to terminate the practice of law.

Because of the preceding paragraph (c), (d), (e) the cancellation of the certificate of practice of lawyers, re-apply for the practice of lawyers, in accordance with the provisions of these measures, the procedures for applying for the practice of lawyers.

Lawyers are under investigation by the judicial organs, judicial administrative organs, the bar association, may not apply for cancellation of practicing certificate.

Lawyers practice code of conduct

Article 24 lawyers must abide by the Constitution and the law, abide by the professional ethics and discipline of lawyers, according to law, good faith practice, standardized practice.

Lawyers practice must be based on facts, to the law as a guideline.

Lawyers practice shall accept the state, society and the supervision of the client.

Article 25 lawyers may engage in the following businesses:

(1) to accept the natural person, legal person or other organizations, as legal adviser;

(2) to accept civil cases, administrative cases, the parties to act as an agent, to participate in litigation;

(3) to accept the criminal suspects, the defendant's entrusted or according to law (c) Accepting the assignment of legal aid institutions to act as a defender, accepting the assignment of private prosecutors in private cases, victims in public cases or their close relatives to act as an agent to participate in litigation;

(d) Accepting the assignment to act as an agent to represent the complaints of various types of litigation;

(e) Accepting the assignment to participate in mediation and arbitration activities;

(f) Accepting the assignment to provide non-litigation legal

(vii) answering legal inquiries, writing litigation documents and other documents related to legal affairs.