The lawyer's certificate requires candidates to take the national judicial examination and pass the corresponding results. Lawyer's examination certificate is an effective certificate for lawyers to engage in practice activities and an effective basis for verifying lawyers' identity. A person who does not hold a lawyer's practice certificate may not engage in activities in the name of a lawyer, but the lawyer's practice certificate has been replaced by a legal professional qualification certificate since 2002.
According to the provisions of the Measures for the Implementation of the National Judicial Examination (Trial), the number of qualified people and the qualified scores of the national judicial examination shall be determined and published by the Ministry of Justice after the examination, in consultation with the Supreme People's Court and the Supreme People's Procuratorate.
Those who pass the national judicial examination shall be awarded the legal professional qualification certificate by the Ministry of Justice. A person who has passed the examination and obtained a legal professional qualification certificate shall meet other conditions stipulated in the Judges Law, the Prosecutors Law and the Lawyers Law before he can serve as a judge or prosecutor and obtain a lawyer's practice certificate.
Details are as follows:
Since 2008, senior students can take the national unified judicial examination held by the state in the last semester of their senior year by virtue of their student status. Senior students who receive the graduation certificate in the following year may apply for lawyer qualification certificate and internship certificate if they pass the judicial examination, and may apply for lawyer practice certificate if they pass the judicial examination and practice in a law firm for one year.
The personnel bureau is determined according to the working years. Lawyer China is like this. First, you get the professional qualification certificate. Practice for one year and get the qualification certificate. It is divided into three levels of ABC.
A certificate is a bachelor's degree (except for any major and party school) and has passed the national line; B certificate is a law college degree registration and passed the national line; Certificate C is the line where law schools register and pass through care areas (poverty-stricken counties and ethnic minority areas). A certificate is universal in the whole country, and B certificate and C certificate are universal in local areas.
If you only get a B certificate or a C certificate, but want to practice in the whole country, you can first get a bachelor's degree through self-study exams (not in school) or exams (in school), and then take the judicial exam again and pass the national line.
Lawyers are divided into grade one, grade two, grade three and grade four. The first-class lawyer is a senior lawyer, the second-class lawyer is a deputy senior lawyer, the third-class lawyer is an intermediate lawyer and the fourth-class lawyer is a junior lawyer. In principle, you need a foreign language proficiency test, but if you are a business backbone, you can also avoid a foreign language test.
The professional ability of lawyers should be evaluated by the parties themselves, but in practice, the professional title of lawyers is determined by the personnel bureau according to the working years of lawyers.
Registration conditions of lawyer's license
Article 15 of the Measures for the Implementation of the National Judicial Examination stipulates that persons who meet the following conditions may register for the national judicial examination: they have the nationality of China people; Support the Constitution of People's Republic of China (PRC) and enjoy the right to vote and stand for election; Having full capacity for civil conduct; A bachelor's degree in law in an institution of higher learning with legal professional knowledge or a bachelor's degree in illegal study in an institution of higher learning; Good conduct.
Article 16 stipulates that a person under any of the following circumstances cannot register for the national judicial examination, and if he has gone through the registration procedures, his registration is invalid: he has been criminally punished for intentional crimes; Being expelled from public office by a state organ or having his lawyer's practice certificate or notary's practice certificate revoked; He was sentenced to 2 years in prison and was not allowed to register for the national judicial examination, or was sentenced to life imprisonment and was not allowed to register for the national judicial examination.