How do public lawyers apply for practice?

Public lawyers are an important force in the ranks of lawyers. All provinces have management measures for the application and management of public lawyers, which are implemented in accordance with the Opinions of the Ministry of Justice on Launching the Pilot Work of Public Lawyers (Zheng Fa Tong [2002] No.80) and the management regulations issued by the judicial departments of the provinces, municipalities directly under the Central Government and autonomous regions.

For example, the Fujian Provincial Department of Justice "Interim Provisions on the Administration of Public Lawyers".

Article 1 In order to standardize the practice of public lawyers, strengthen the management of public lawyers, ensure the healthy development of public lawyers in our province, and promote administration according to law, these Provisions are formulated in accordance with the relevant provisions of the Lawyers Law of People's Republic of China (PRC) and the Opinions of the Ministry of Justice on Launching the Pilot Work of Public Lawyers (Sifatong [2002] No.80), combined with the actual situation in our province.

Article 2 A public lawyer refers to a lawyer who has People's Republic of China (PRC) lawyer qualification or legal professional qualification, and now works in the government at or above the county (district) level and its various functional departments or departments exercising government functions, and is approved by the Provincial Department of Justice to practice, specializing in handling legal affairs of the government or departments at the same level.

Article 3 Public lawyers shall not change their original personnel and organizational relations, but shall be managed by their units, and the judicial administrative organs shall be responsible for the qualification management and professional guidance of public lawyers.

Article 9 The scope of duties of a public lawyer is as follows:

(a) to provide legal advice and legal advice for the administrative decision-making of the government or department at the same level;

(two) according to the requirements of the government or department at the same level, to participate in the drafting, deliberation and revision of the normative documents of the government or department at the same level;

(three) entrusted by the government or department at the same level to investigate and handle specific legal affairs;

(four) to participate in litigation and arbitration activities on behalf of the government or department at the same level;

(five) to accept the assignment of the legal aid center and provide legal aid to the recipient with the consent of the unit;

(six) other work that should be undertaken by public lawyers of governments or departments at the same level.

Article 8 Examination procedures for applying for a public lawyer's license:

(1) The applicant submits the application materials to the local judicial administrative organ through his unit.

(two) the local judicial administrative organ shall conduct a preliminary examination of the application materials within the statutory time limit, issue examination opinions and report them to the provincial judicial department step by step. The application materials for public lawyers in provincial government departments are directly submitted to the Provincial Department of Justice.

(3) After receiving the application materials, the Provincial Department of Justice shall inform all the contents that need to be corrected within five days if the application materials are incomplete or inconsistent with the statutory form after examination; To meet the requirements, it shall make a decision on granting practice in accordance with the prescribed procedures within the statutory time limit and issue a lawyer's certificate; Do not meet the conditions, it shall make a decision not to practice within the statutory time limit, and inform the applicant or the relevant district and municipal judicial administrative organs in writing.