(a) to accept the employment of state organs, enterprises and institutions, social organizations and people's communes as legal advisers.
(2) to accept the entrustment of the parties to a civil case and participate in the litigation as an agent.
(three) to accept the entrustment of the defendant in a criminal case or the designation of the people's court as a defender; Accept the entrustment of the private prosecutor in a private prosecution case, the victim in a public prosecution case and their close relatives to act as agents and participate in litigation.
(four) to accept the entrustment of the parties to a non-litigation event, to provide legal aid, or to participate in mediation and arbitration activities as agents.
(five) to answer legal questions and write litigation documents and other documents related to legal affairs.
Lawyers should publicize the socialist legal system through all business activities. Article 3 Lawyers must be based on facts, take the law as the criterion, and be faithful to the socialist cause and people's interests.
Lawyers' performance of their duties according to law is protected by state laws, and no unit or individual may interfere. Article 4 The duty of a lawyer as a legal adviser is to provide advice to the employing unit on legal issues in business.
See, drafting and reviewing legal documents, acting as an agent to participate in litigation, mediation or arbitration activities, and maintaining employment order.
Legal rights and interests. Article 5 As an agent of litigation and non-litigation events, a lawyer's duty is to safeguard the legitimate rights and interests of clients within the scope of authorization.
The lawyer's litigation behavior and legal behavior within the agency authority have the same effect as the client's own litigation behavior and legal behavior. Article 6 The duty of a lawyer as a criminal defender is to safeguard the legitimate rights and interests of the defendant according to facts and laws.
Lawyers believe that the defendant has not truthfully stated the case and has the right to refuse to act as a defender. Article 7 Lawyers who participate in litigation activities have the right to consult the materials of this case and investigate the relevant units and individuals in accordance with regulations. When a lawyer is a criminal defender, he can meet and correspond with the defendant in custody.
Lawyers engaged in the activities listed in the preceding paragraph, the relevant units and individuals have the responsibility to give support.
Lawyers have the responsibility to keep state secrets and personal secrets they come into contact with in their business activities. Chapter II Qualification of Lawyers Article 8 The following citizens who love People's Republic of China (PRC), support the socialist system and have the right to vote and stand for election may obtain the qualification of lawyers after passing the examination:
(1) Graduated from an institution of higher learning with a major in law, and engaged in judicial work, law teaching or law research for more than two years;
(2) Having received professional legal training and served as a judge of a people's court or a prosecutor of a people's procuratorate;
(3) Having received higher education, engaged in economic, scientific and technological work for more than three years, being familiar with this major and laws and regulations related to this major, having received legal professional training, and being suitable for practicing as a lawyer;
(4) Other persons who have the legal professional level of the persons listed in Item (1) or (2) of this article, and have the educational level of institutions of higher learning and are suitable for practicing as lawyers. Article 9 To obtain the qualification as a lawyer, it must be examined and approved by the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government, issued with a lawyer's certificate, and reported to the Ministry of Justice of the People's Republic of China for the record. If the Ministry of Justice finds that the examination and approval is improper, it shall notify the Judicial Department (bureau) to re-examine. Article 10 A person qualified as a lawyer who cannot leave his post may serve as a part-time lawyer. The unit where the part-time lawyer works shall give support.
People's courts, people's procuratorates and people's public security organs are not allowed to practice as lawyers. Article 11 Law graduates from institutions of higher learning or persons who have received legal training may serve as practicing lawyers upon examination and approval by the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government.
The internship period of a trainee lawyer is two years. Upon the expiration of the internship, he shall be qualified as a lawyer in accordance with the procedures stipulated in Article 9 of these regulations; If the examination fails, the internship period may be extended. Article 12 A lawyer who is seriously incompetent may be disqualified as a lawyer upon the decision of the judicial department (bureau) of a province, autonomous region or municipality directly under the Central Government and the approval of the Ministry of Justice. Chapter III Working Organization of Lawyers Article 13 The working organization for lawyers to perform their duties is the Legal Advisory Office.
The legal advisory office is a public institution, which is under the organizational leadership and professional supervision of the state judicial administrative organs. Fourteenth legal advisory offices shall be established according to counties, cities and municipal districts. When necessary, with the approval of the Ministry of Justice, a professional legal advisory office may be established.
There is no subordinate relationship between legal advisory offices. Fifteenth the main task of the Legal Advisory Office is to lead lawyers to carry out professional work, organize lawyers to learn political and legal professional knowledge, and summarize and exchange their work experience. Article 16 The legal adviser's office shall have a director, and may have deputy directors if necessary. The director and deputy director are elected by our lawyers and submitted to the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government for approval. The term of office is three years and can be re-elected.
The director and deputy director of the legal advisory office shall lead the work of the legal advisory office and must perform the duties of lawyers.