Chapter 1 General Provisions
Article 1 In order to further standardize the pilot work of corporate lawyers in this city and promote the smooth progress of the pilot work, These measures are formulated in accordance with the Lawyers Law of the People's Republic of China*** and the National Lawyers Law, as well as the Opinions of the Ministry of Justice on Carrying out Pilot Work on Corporate Lawyers, and in combination with the specific conditions of this city.
Article 2 Corporate lawyers refer to corporate lawyers who have the People's Republic of China and national lawyer qualifications or legal professional qualifications, engage in legal affairs within the enterprise, provide legal services to the enterprise, and obtain a practicing certificate in accordance with the law. Practitioners.
Chapter 2 Conditions for Company Lawyers (4) Certification issued by the personnel records management department that the applicant has not been subject to administrative sanctions of expulsion;
(5) Application issued by the enterprise’s personnel department Proof that the applicant has been engaged in legal affairs full-time for more than one year;
(6) Proof issued by the enterprise’s human resources department that the applicant agrees to serve as a corporate lawyer;
(7) Public security authority of the place of residence Or a certificate issued by the company’s human resources department. (7) Certification issued by the public security authority or the human resources department of the enterprise in the place of residence that the applicant has not been subject to criminal punishment (except for negligent crimes).
Article 7 To apply for the "Company Lawyer Practicing Certificate", the applicant shall submit the application in person. With the consent of the company where he/she works, the application shall be submitted to the Beijing Municipal Justice Bureau for approval and the "Company Lawyer Practicing Certificate" uniformly produced by the Ministry of Justice shall be issued. 》.
If the applicant meets the qualifications of a corporate lawyer, the Beijing Municipal Justice Bureau shall make a decision to issue a corporate lawyer practicing certificate within 20 working days
from the date of receipt of the application. If the applicant does not meet the requirements for a corporate lawyer, the corporate lawyer practicing certificate will not be issued, and the applicant shall be notified within twenty working days from the date of receipt of the application.
Chapter 4 Scope of Responsibilities of Corporate Lawyers
Article 8 Corporate lawyers are limited to engaging in legal affairs within the enterprise or enterprise system and providing legal services within the enterprise or enterprise system. Its main business scope is
(1) Providing legal opinions on production and operation decisions;
(2) Participating in drafting and revising legal documents and reviewing rules and regulations;
(3) Review and manage contracts;
(4) Provide corrective suggestions for violations of laws and regulations, and carry out legal publicity and education internally;
(5) Participate in negotiations , representing the enterprise or conducting internal litigation (except criminal litigation) and arbitration activities within the enterprise system;
(6) Other legal matters that should be handled by company lawyers.
Chapter 5 Rights and Obligations of Corporate Lawyers
Article 9 Corporate lawyers enjoy the following rights:
(1) Enjoy investigation and evidence collection in accordance with the law during professional activities , the right to access case materials;
(2) Join the Beijing Lawyers Association and enjoy membership rights;
(3) Directly become a social lawyer. If a corporate lawyer is transferred out of the enterprise and applies to become a social lawyer, he should follow the procedure for renewing his certificate, and his experience as a corporate lawyer will be counted in his years of practice.
Article 10 Company lawyers shall perform the following obligations:
(1) Comply with laws and regulations related to lawyer management, and abide by lawyer professional ethics and practice disciplines;
(2) Accept the business guidance and supervision of the Beijing Municipal Bureau of Justice and the Beijing Lawyers Association;
(3) Not handle legal affairs outside the enterprise or the enterprise system as a lawyer;
(4) Not allowed to engage in paid legal services, and not allowed to work part-time in law firms or legal service offices.
Chapter 6 Organizational Structure and Daily Management of Corporate Lawyers
Article 11 Corporate lawyers are internal personnel of the enterprise and carry out business activities under the leadership of the enterprise. Their personnel relations, wages and benefits , social insurance, etc. are managed by enterprises.
Article 12 Pilot enterprises shall establish systems for the treatment, promotion, and professional title evaluation of corporate lawyers.
Article 13 The enterprise is responsible for the daily management of corporate lawyers, and the Beijing Municipal Justice Bureau is responsible for the qualification management, business guidance and supervision of corporate lawyers.
Article 14 Corporate lawyers shall join the Beijing Lawyers Association, participate in business training and professional discipline education activities organized by the Beijing Lawyers Association, and accept the management of the Beijing Lawyers Association.
Article 15 The Beijing Municipal Justice Bureau and the Beijing Lawyers Association shall formulate and provide necessary documents for corporate lawyers to handle business.
Article 16 If a person is unable to continue to serve as a corporate lawyer or is transferred from the enterprise for any reason, the enterprise shall take back his corporate lawyer's practicing certificate and the Beijing Municipal Justice Bureau shall cancel it.
Article 17 Corporate lawyers shall participate in the annual registration of Beijing lawyers in accordance with regulations. Those who pass the annual registration will be announced by the Beijing Municipal Justice Bureau.
Article 18 When a company lawyer handles annual registration, in addition to filling out the "Company Lawyer Practice Certificate Annual Registration Form", the following materials should also be submitted:
(1) Annual work summary ;
(2) Certificate of training completion;
(3) Report on compliance with lawyer professional ethics and professional disciplines;
(4) Report of the company where he/she works;
(5) Assessment opinions of the enterprise.
During the annual registration, the Beijing Municipal Justice Bureau will conduct an annual assessment of the company's lawyers based on the above materials. The Beijing Municipal Justice Bureau will not register corporate lawyers who fail the annual assessment.
Article 19 For corporate lawyers who violate the obligations in Items (3) and (4) of Article 10 of these Measures, the Beijing Municipal Justice Bureau will revoke their practicing certificates and cancel them.
Article 20: The Beijing Municipal Bureau of Justice will handle company lawyers who violate the law in accordance with the "Lawyers Law of the People's Republic of China" and the "Measures for Punishing Illegal Conduct of Lawyers and Law Firms" of the Ministry of Justice.
Chapter 7 Corporate Lawyers Convert to Social Lawyers
Article 21 When a company lawyer applies to convert into a social lawyer, he shall submit the following materials:
(1) ) Application form for becoming a social lawyer;
(2) Proof that the law firm to which you intend to apply agrees to accept your practice;
(3) Lawyer qualification certificate or legal professional qualification certificate Copy (copy of legal professional qualification certificate). (3) Copy of lawyer qualification certificate or legal professional qualification certificate (if you have obtained lawyer qualification in other provinces or cities, you must also provide lawyer qualification files);
(4) Original work unit Proof of termination of the labor relationship with the applicant;
(5) Archive certificate issued by the personnel archives department;
(6) The applicant has not been criminally punished by the public security authority in the place of residence Proof (except for criminal negligence);
(7) Proof that the applicant has not been criminally punished.
(7) Original copy of lawyer’s practicing certificate.
Article 22 A social lawyer who applies to become a corporate lawyer shall submit the following materials:
(1) Application form for becoming a corporate lawyer;
(2) ) Certificate of termination of labor relationship issued by the law firm where the original practicing lawyer worked;
(3) Certificate of establishment of labor relationship with the applicant issued by the company where he/she works;
(4) Personnel files Certificate issued by the filing department;
(5) A copy of the applicant’s practice certificate. Filing certificate issued by the department where the personnel files are located;
(5) Original copy of social lawyer’s practicing certificate.
Chapter 8 Supplementary Provisions
Article 23 The Beijing Municipal Bureau of Justice is responsible for the interpretation of these Measures.
Article 24: These Measures shall come into effect on March 1, 2007. Jingsifa [2003] No. 43 "Beijing Municipal Bureau of Justice Regarding the Pilot Work of Corporate Lawyers" Implementation Opinions" shall be abolished at the same time.