1. The revised Lawyers Law, which was voted by the 30th meeting of the 10th the National People's Congress Standing Committee (NPCSC), clearly stipulates that "a civil servant shall not concurrently be a practicing lawyer".
2. Article 53 of the Civil Service Law of People's Republic of China (PRC) stipulates that civil servants shall not engage in or participate in profit-making activities, and shall not hold concurrent positions in enterprises or other profit-making organizations.
3. Excerpts from the relevant norms of People's Republic of China (PRC) Lawyers Law (20 12, 20 13 revised edition):
Article 2 The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients.
Article 11 A civil servant shall not concurrently serve as a practicing lawyer.
Lawyers who are members of the Standing Committees of people's congresses at all levels shall not engage in litigation agency or defense business during their term of office.
Article 12 Personnel engaged in legal education and research in institutions of higher learning and scientific research who meet the requirements specified in Article 5 of this Law may, with the consent of their units, apply for part-time lawyer practice according to the procedures specified in Article 6 of this Law.
Thirteenth people who have not obtained the lawyer's practice certificate shall not engage in legal services in the name of lawyers; Unless otherwise provided by law, they shall not engage in litigation agency or defense business.
Article 41 A lawyer who once served as a judge or prosecutor may not serve as an agent ad litem or defender within two years after leaving a people's court or a people's procuratorate.
If a lawyer commits one of the following acts, the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government shall give him a warning and may impose a fine of not more than 5,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, he shall be punished by stopping practicing for less than three months: (4) serving as an agent ad litem or defender within two years after leaving the people's court or people's procuratorate;
Article 56 If any staff member of the judicial administrative department violates the provisions of this Law, abuses his power or neglects his duty, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law.
Give you the following advice:
1. The national civil service law does not stipulate that civil servants are not allowed to take the national judicial examination.
2.？ Take the national judicial examination and obtain the professional qualification of lawyer. Unless you resign, you can't be a lawyer.
3.？ According to the current regulations, even if you pass the judicial examination and get the legal professional qualification certificate, if you don't give up the civil servant qualification, even the intern lawyer can't apply for the exam, because you are required to give up the civil servant status from the beginning of applying for internship.
4. You can take the national judicial examination and obtain the professional qualification of legal consultation;
5. You can be a public lawyer in state organs, and public lawyers must be administrative personnel.
Description:
Public lawyers are government lawyers set up by the state administrative department, paid by the government, and belong to the sequence of national civil servants. They mainly deal with the legal affairs of their own organs in order to improve the administrative level of government organs according to law and safeguard national interests according to law. Public lawyers are not allowed to provide paid legal services to the society.
In our country, civil servants refer to the staff who perform public duties according to law and are included in the state administrative establishment, and their wages and benefits are borne by the state finance. Public lawyers are civil servants. Because they have been paid the corresponding wages and benefits by the state finance, their job is to handle legal affairs for the state administrative organs, so they can no longer charge legal service fees.
State functionaries who meet the laws and relevant regulations can engage in legal work or concurrently serve as public lawyers. Public lawyers are actually civil servants, providing legal services for government administration according to law. But public lawyers can't face the society and can't charge any fees. The national civil service examination is generally announced in 10, and the examination will be held in 12.