A lawyer shall obtain a lawyer's practice license in accordance with these measures. A person without a lawyer's practice license may not engage in activities in the name of a lawyer. Article 3 A person who meets the requirements stipulated in Article 8 of the Lawyers Law of People's Republic of China (PRC) may apply for a lawyer's practice license. Article 4 A person who applies for a lawyer's practice license shall have been practicing in a law firm continuously for at least 1 year. Where a law firm accepts an internship, it shall file with the judicial administrative organ of its domicile. Article 5 A law firm shall assign lawyers with more than three years' practice experience, good political thinking and high professional quality to guide interns. Article 6 An intern who assists a lawyer in handling business shall not practice alone.
Interns should receive professional ethics and practice discipline training; Accept the guidance and training in criminal defense, civil administrative case agency, non-litigation agency, legal consultation, book agency, etc., and complete the business volume stipulated by the judicial administrative organ.
The judicial administrative organ shall inspect the internship activities of interns. Article 7 Upon the expiration of the internship, the law firm shall assess the interns' ideology, morality, professional ability and working attitude. Article 8 If an applicant applies for a lawyer's practice license after the internship expires, the law firm to which he works or intends to transfer shall submit a lawyer's practice license registration form, the applicant's lawyer qualification certificate, a copy of his ID card and other materials to the judicial administrative organ of his domicile. Article 9 The judicial administrative organ at the place of domicile shall put forward the examination opinions within 15 days from the date of receiving the application materials, and report them to the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government step by step.
The judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government shall examine the application materials, and if they meet the prescribed conditions, they shall issue a lawyer's practice certificate within 30 days from the date of receiving the application materials. If the practice license is not issued after examination, the applicant shall be notified.
A person who has obtained a lawyer's practice license shall join the local bar association. Article 10 A lawyer's practice license shall not be issued under any of the following circumstances:
(1) Having no capacity for civil conduct or limited capacity for conduct;
(2) Having been subjected to criminal punishment, except for negligent crimes;
(3) Being expelled from public office or having his lawyer's practice license revoked. Article 11 If an applicant refuses to issue a lawyer's practice license, he may apply to the judicial administrative organ at the next higher level for reconsideration within 15 days from the date of receiving the notice. Article 12 A lawyer's practice license shall be registered once a year, and it shall be invalid if it is not registered.
The judicial administrative organs at or above the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the registration of lawyers' practice certificates. The judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government may entrust the local, municipal and state judicial bureaus to be responsible for the registration of lawyers' practice licenses. Article 13 When a lawyer applies for the annual registration of his practice license, the law firm to which he belongs shall submit the registration materials to the judicial administrative organ of his domicile, and the judicial administrative organ of his domicile shall submit the examination opinions to the registration organ step by step.
When a lawyer goes through the registration formalities, in addition to filling in the Annual Registration Form of Lawyer's Practice Certificate, he shall also submit the following materials:
(a) the annual work summary;
(2) Certificate of completion of business training;
(3) A report on observing the lawyer's professional ethics and practice discipline;
(4) A certificate issued by the Lawyers Association to fulfill the obligations stipulated in the articles of association.
If the submitted materials are unqualified, the registration authority shall return them and request supplementary materials. Fourteenth meet the registration conditions, the registration authority shall, within fifteen days from the date of receipt of the application materials for registration, in accordance with these measures. Fifteenth in any of the following circumstances, the registration authority may suspend the registration and notify the law firm where the lawyer is located:
(1) Being punished for suspending business due to violation of lawyer's practice discipline, and the punishment period has not expired;
(2) The law firm where he works has been suspended for rectification due to violation of practice discipline, and the punishment period has not expired;
(three) the provisions of laws and regulations are temporarily unable to engage in the profession of lawyers. Article 16 After the reasons for suspension of registration disappear, I shall apply and go through the registration formalities after being approved by the registration authority. Seventeenth after the end of the annual registration, the registration authority shall publish the lawyers approved for registration in newspapers and periodicals. Article 18 If a lawyer is punished for suspension of business, the judicial administrative organ shall withdraw his lawyer's practice license and return it after the expiration of the punishment.
If a lawyer's lawyer's practice license is revoked, the judicial administrative organ shall confiscate his lawyer's practice license and cancel it. Article 19 A lawyer shall properly keep his practice license and shall not lend, lease, mortgage, transfer, alter or damage it. Article 20 If the lawyer's practice certificate is damaged or lost, the law firm where the lawyer belongs shall apply to the judicial administrative organ for renewal or replacement. If the lawyer's practice certificate is damaged, the original lawyer's practice certificate shall be returned; If the lawyer's practice license is lost, a statement of loss shall be published in the local newspaper. Twenty-first part-time lawyers to obtain a lawyer's practice license shall be handled in accordance with the provisions of the Ministry of Justice on the management of part-time lawyers, and the relevant provisions of these Measures shall apply.