(1) divulging state secrets;
(2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, or instigating or inducing the parties to pay bribes;
(3) Providing false evidence to conceal important facts, or threatening or inducing others to provide false evidence to conceal important facts.
If a lawyer is punished for intentional crime, his lawyer's practice certificate shall be revoked.
Article 46 Whoever impersonates a lawyer to engage in legal services shall be ordered by the public security organ to stop his illegal practice, his illegal income shall be confiscated, and he may also be fined not more than 5,000 yuan and detained for not more than 15 days.
Without obtaining a lawyer's practice certificate, those who engage in litigation agency or defense business in order to obtain economic benefits shall be ordered by the judicial administrative department of the local people's government at or above the county level to stop their illegal practice, their illegal income shall be confiscated, and they may also be fined not less than/kloc-0 but not more than 5 times their illegal income.
Article 47 Where a law firm violates the provisions of this Law, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall order it to make corrections, confiscate its illegal income, and may concurrently impose a fine of not less than one time but not more than five times its illegal income; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its practice certificate.
Article 48 If the punished person refuses to accept the administrative punishment decision made by the judicial administrative department, he may apply to the judicial administrative department at the next higher level for reconsideration within 15 days from the date of receiving the decision; If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision; You can also bring a lawsuit directly to the people's court.
If a person is fined, fails to apply for administrative reconsideration or bring an administrative lawsuit, and fails to perform the punishment decision, the judicial administrative department that made the punishment decision may apply to the people's court for compulsory execution.
Where an applicant applies for a lawyer's practice certificate in accordance with Article 11 of this Law or applies for the establishment of a law firm in accordance with Article 19 of this Law, he may apply for reconsideration or bring a lawsuit in accordance with the procedures specified in the first paragraph.
Article 49 If a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation. After making compensation, a law firm may claim compensation from a lawyer who has committed intentional or gross negligence.
Lawyers and law firms shall not be exempted or restricted from civil liability for losses caused to the parties due to illegal practice or fault.
Chapter VIII Supplementary Provisions
Article 50 The provisions of this Law shall apply to the acquisition of lawyer qualification, rights and obligations and code of conduct of military lawyers who provide legal services to the military. Specific measures for the administration of military lawyers shall be formulated separately by the State Council and the Central Military Commission (CMC).
Article 51 Measures for the administration of foreign law firms establishing institutions in People's Republic of China (PRC) to engage in prescribed legal service activities shall be formulated by the State Council.
Fifty-second specific measures for lawyers' fees shall be formulated by the judicial administrative department of the State Council and submitted to the State Council for approval.
Article 53 This Law shall come into force as of June 65438+June 65438+10/October +0. 1980 The Provisional Regulations on Lawyers in People's Republic of China (PRC) adopted at the 15th meeting of the Fifth NPC Standing Committee on August 26th shall be abolished at the same time.
Measures for the administration of lawyers' professional certificates
Article 1 In order to regulate the establishment and management of branch offices of law firms, these Measures are formulated in accordance with the Lawyers Law of People's Republic of China (PRC).
Article 2 A law firm may set up branches outside a city or county, and the branches set up by a law firm are called law firm branches.
A law firm that establishes a branch office shall bear legal responsibility for the business activities and debts of the branch office.
Article 3 The establishment of a branch office of a law firm shall be examined and registered by the judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government where the branch office is located.
Article 4 A law firm that meets the following conditions may set up branches:
(1) It has been established for four years;
(2) Having more than 20 full-time lawyers;
(3) It has not been punished within two years before applying for establishing a branch.
Article 5 A branch company shall meet the following conditions:
(1) Having its own name and domicile;
(2) Its assets exceed 654.38 million yuan;
(3) Having three or more full-time lawyers stationed by law firms; The person in charge of a branch office shall have more than two years' practice experience.
Article 6 The name of a branch office is: the name of a law firm, the place name (city or county) where the ten branches are located, and only one name can be used for each branch office.
Article 7 When applying for the establishment of a branch office, a law firm shall submit the following documents to the judicial bureau where the branch office is located:
(1) an application;
(2) The list of lawyers stationed in the branch office, resumes, copies of resident identity cards and lawyer's practice certificates;
(3) Power of attorney for the person in charge of the branch office issued by the law firm;
(four) the practice place and capital certificate of the branch;
(five) the certification materials issued by the law firm registration authority that the law firm meets the conditions stipulated in Article 4 of these Measures.
Article 8 The municipal and county judicial bureaus that accept applications shall put forward their opinions within 30 days and report them to the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government for examination.
The judicial department (bureau) of a province, autonomous region or municipality directly under the Central Government shall, within 30 days from the date of receiving the application materials, make a decision on whether to approve or disapprove the registration, notify the submitted judicial bureau and the law firm that applied, and send a copy to the judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government where the law firm is domiciled.
Article 9 A law firm shall, within 30 days from the date of receiving the notice of approval of registration, handle the industrial and commercial registration of its branch offices. The registration authority shall, within 7 days, complete the formalities, issue the practice certificate of the branch office of the law firm, and replace the practice certificate of the lawyer stationed in the branch office with the practice certificate of the lawyer at the domicile of the branch office.
Article 10 A branch office shall engrave its official seal, open a bank account, handle tax registration and carry out business activities according to law on the strength of its practice certificate.
Article 11 A law firm shall enjoy the following rights to its branches:
(a) the appointment and removal of the person in charge of the branch;
(2) To formulate the rules and regulations of the branch;
(3) Deciding on the distribution plan of the branch and supervising the financial activities of the branch;
(4) Disposing of the assets of the branch;
(5) Deciding on the termination of the branch;
(6) Other matters decided by the law firm.
Article 12 Branches may employ lawyers and auxiliary personnel locally. Lawyers employed by the branch office apply to the judicial department (bureau) of the province, autonomous region or municipality directly under the Central Government where the branch office is located for a lawyer's practice certificate.
Article 13 The annual inspection of a branch office and the registration of its lawyer's practice certificate shall be handled by the branch office registration authority.
Article 14 Where a law firm changes the registered items of a branch office, it shall register the change with the branch office registration authority.
Where the registered items of a law firm are changed, the registered items of the branch offices shall be changed accordingly.
Article 15 If a branch is closed, its practice certificate is revoked or terminated for other reasons, its registration shall be cancelled, and the branch registration authority shall take back the practice certificate, official seal of the branch and lawyer's practice certificate of the law firm.
When a law firm is closed, its practice certificate is revoked or terminated for other reasons, its branch shall be terminated and its registration shall be cancelled.
Article 16 After a branch has gone through industrial and commercial registration, change registration and cancellation registration, it shall be announced in newspapers and periodicals by the registration authority.
Article 17 The practice certificate of a branch of a law firm shall be uniformly produced by the Ministry of Justice.
Article 18 A branch shall accept the supervision and guidance of the judicial administrative organ of its domicile.
If a branch and its lawyers violate the law and discipline, they shall be punished by the judicial administrative organ that has the right to punish the branch's domicile, and shall notify the registration authority of the law firm to which the branch belongs. The law firm registration authority may punish the law firm according to its duties.
Article 19 These Measures shall come into force as of 1997+ 10/0/day. The Measures for the Administration of the Establishment of Branch Offices of Law Firms promulgated by the Ministry of Justice1July 2, 994 shall be abolished at the same time.
Measures for the administration of part-time lawyers
Article 1 In order to strengthen the management of part-time lawyers, these Measures are formulated in accordance with the Lawyers Law of People's Republic of China (PRC).
Article 2 A part-time lawyer refers to a person who has obtained a lawyer's qualification and a lawyer's practice certificate and is engaged in the lawyer's profession without leaving his own job.
Article 3 Part-time lawyers are collectively called lawyers in their practice activities and enjoy the same rights and obligations as full-time lawyers.
Article 4 Part-time lawyers shall accept the supervision and guidance of judicial administrative organs and lawyers' associations.
Article 5 Personnel engaged in teaching and research in law colleges (departments) and law research units may engage in the profession of lawyers part-time if they meet the following conditions:
(1) Having the qualification of a lawyer;
(two) the unit allows part-time lawyers;
(3) Having practiced in a law firm for one year;
(4) Good conduct;
(5) Meeting other conditions for practicing as a lawyer.
Article 6 A person who applies for a part-time lawyer shall practice in the law firm he intends to join for one year.
Article 7 Anyone who applies for a part-time lawyer shall apply for a lawyer's practice certificate in accordance with the relevant provisions of the Measures for the Administration of Lawyer's Practice Certificate.
When applying, the following materials shall be submitted in addition to the materials specified in the Measures for the Administration of Lawyers' Practice Certificates:
(1) The Employment Agreement signed with the law firm;
(two) the proof that the unit allows its part-time lawyer to work.
Article 8 The number of part-time employees employed by a law firm shall not exceed the number of full-time lawyers in the firm.
The number of part-time employees employed by law firms established by law schools and research institutes shall be stipulated by the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government.
Article 9 Law firms established in law schools and research institutes can only hire part-time lawyers from qualified personnel in their own schools and research institutes.
Article 10 Part-time lawyers shall receive professional training and professional ethics training.
Article 11 A part-time lawyer shall not practice in two or more law firms or other legal service institutions at the same time.
Article 12 A part-time lawyer shall not accept the entrustment of the other party to a case in which his unit has an interest and act as an agent.
Thirteenth part-time lawyers who practice illegally or cause losses to the parties due to their faults shall be liable for compensation by their law firms.
Fourteenth part-time lawyers practice, by the law firm to accept cases, unified fees.
Article 15 The remuneration of part-time lawyers shall be stipulated by the local judicial administrative organ.
Sixteenth part-time lawyers should join the local lawyers association.