The Lawyers Law of the People's Republic of China*** and the State of China has been revised and adopted by the Standing Committee of the Tenth National People's Congress of the People's Republic of China at its thirtieth meeting on October 28, 2007, and the revised Lawyers Law of the People's Republic of China*** and the State of China is hereby promulgated and shall come into force on June 1, 2008, as of the same date. The Law of the People's Republic of China on Lawyers (Adopted at the Nineteenth Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996, in accordance with the Decision on Amending the Law of the People's Republic of China on Lawyers of the People's Republic of China adopted by the Standing Committee of the Ninth National People's Congress at its Twenty-fifth Meeting on December 29, 2001) was amended on October 28, 2007 by the Decision on Amending the Law of the People's Republic of China on Lawyers of the People's Republic of China. (Revised on October 28, 2007 at the Thirtieth Meeting of the Standing Committee of the Tenth National People's Congress) Table of Contents Chapter I General Provisions Chapter II Permission for Lawyers to Practice Law Chapter III Lawyers' Firms Chapter IV Lawyers' Businesses, Rights and Obligations Chapter V Lawyers' Associations Chapter VI Legal Liability Chapter VII By-laws Chapter I General Provisions Article 1 In order to improve the system of lawyers, regulate the behavior of lawyers' practices, safeguard lawyers' practices according to law, and give full play to the socialist legal system of lawyers. In order to improve the lawyer system, standardize the practice of lawyers, to protect lawyers practice in accordance with law, play the role of lawyers in the construction of the socialist legal system, the formulation of this law. Article 2 of this law refers to lawyers, is to obtain a lawyer's license, accept the entrustment or designation, for the parties to provide legal services practitioners. Lawyers shall safeguard the legitimate rights and interests of the parties, safeguard the correct implementation of the law, safeguard social justice and righteousness. Article 3 lawyers practice must abide by the constitution and the law, abide by the lawyer professional ethics and practice discipline. Lawyers practice must be based on facts, to the law as a guideline. Lawyers practice should accept the state, society and the supervision of the client. Lawyers practice in accordance with the law is protected by law, any organization or individual shall not infringe the lawful rights and interests of lawyers. Article 4 the judicial administrative department in accordance with this law on lawyers, law firms and lawyers association for supervision and guidance. Chapter ii lawyers license to practice lawyers article 5 shall have the following conditions: (a) uphold the people's republic of china *** and the constitution of the state; (2) through the national unified judicial examination; (3) in the lawyer's office internship for one year; (4) good conduct. The implementation of the national unified judicial examination obtained before the lawyers qualification certificate, when applying for the practice of law, and the national unified judicial examination certificate shall have the same effect. Article 6 application for lawyer practice, shall apply to the district people's government of the city or municipality directly under the central government judicial administrative department, and submit the following materials: (a) the national unified judicial examination certificate; (b) the bar association issued by the applicant internship assessment of materials; (c) the applicant's identification; (d) law firm issued by the applicant agreed to accept the certificate. If the applicant applies for part-time practice of law, the applicant's unit shall also submit a certificate of consent to the applicant's part-time practice of law. The department accepting the application shall, within twenty days from the date of acceptance, be examined, and will review the opinions and all application materials to the provincial, autonomous regions, municipalities directly under the central people's government judicial administrative department. The judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government shall, within ten days from the date of receipt of the materials submitted to be examined, and make a decision on whether or not to permit the practice of law. Permitted to practice, to the applicant issued a lawyer's license; not permitted to practice, to the applicant a written explanation of the reasons. Article 7 of the applicant has one of the following circumstances, shall not issue a lawyer's license: (a) incapable of civil behavior or limit the capacity for civil action; (2) has been subjected to criminal punishment, except for negligence; (3) was dismissed from public office or revocation of the lawyer's certificate of practice. Article 8 has higher education undergraduate degree or above, in the legal service personnel shortage in the field of professional work for fifteen years, with senior title or equivalent professional level and has the corresponding professional legal knowledge, apply for full-time lawyers practice, by the state council administrative department of justice examination and approval to practice. Specific measures shall be prescribed by the state council. Article 9 one of the following circumstances, by the provincial, autonomous regions, municipalities directly under the central people's government judicial administrative department to revoke the decision to grant practice, and cancel the lawyer's practice certificate of the person who was granted practice: (a) the applicant fraud, bribery and other improper means to obtain a lawyer's practice certificate; (b) the applicant does not comply with the conditions set forth in this law to grant practice. Article 10 lawyers can only practice in a law firm. Lawyers change the practice of law shall apply for the issuance of a new lawyer's license. Lawyers practicing law is not subject to geographical restrictions. Article 11 civil servants shall not also be practicing lawyers. Lawyers as members of the standing committee of the people's congress at all levels, shall not be engaged in litigation or defense business. Article 12 institutions of higher learning, scientific research institutions engaged in legal education, research work, meet the conditions set forth in article 5 of this law, with the consent of the unit, in accordance with the procedures set forth in article 6 of this law, may apply for part-time lawyers practice. Article 13 has not obtained a lawyer's license, shall not be engaged in legal services in the name of lawyers; Except as otherwise provided by law, shall not be engaged in litigation or defense business. Chapter iii law firms article 14 law firms are lawyers practice. The establishment of law firms shall have the following conditions: (a) has its own name, domicile and constitution; (b) there are lawyers in accordance with the provisions of this law; (c) the establishment of the person shall have a certain amount of practice experience, and within three years has not been suspended from the penalty of lawyers; (d) there are in accordance with the state council judicial administrative department of the amount of assets. Article 15 the establishment of a partnership law firm, in addition to the conditions stipulated in article 14 of this law shall be met, there shall be more than three partners, the establishment of a lawyer shall have more than three years of experience in practice. A partnership law firm may be established in the form of a general partnership or a special general partnership. The partners of the partnership law firm in accordance with the partnership form of the law firm's liabilities. Article 16 the establishment of individual law firm, in addition to the conditions stipulated in article 14 of this law, the establishment of the person shall also have more than five years of experience in the practice of law. The establishment of a law firm's debts bear unlimited liability. Article 17 application for the establishment of a law firm, shall submit the following materials: (a) application; (b) the name of the law firm, the constitution; (c) the list of lawyers, curriculum vitae, proof of identity, lawyers practicing certificate; (d) proof of residence; (e) proof of assets. The establishment of a partnership law firm, shall also submit the partnership agreement. Article 18 the establishment of law firms, shall apply to the municipal people's government of the district or municipality directly under the central government of the judicial administrative department, the department accepting the application shall, within twenty days from the date of acceptance shall be examined, and will be examined and all the application materials sent to the provincial, autonomous regions, municipalities directly under the central people's government of the judicial administrative department. The judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government shall examine the application within ten days from the date of receipt of the submitted materials and make a decision on whether or not to authorize the establishment. Permitted to establish, to the applicant issued by the law firm practice certificate; not permitted to set up, to the applicant written reasons. Article 19 was established more than three years and has more than twenty practicing lawyers of the partnership law firm, may establish a branch. Establishment of branch, shall be established by the proposed branch of the people's government of the province, autonomous region, municipality directly under the central government judicial administrative department for examination. Application for the establishment of branch, in accordance with the provisions of article 18 of this law, the procedure. Partnership law firm for its branch of the debt liability. Article 20 the establishment of state-funded law firms, according to law independently to carry out lawyers business, with all the assets of the law firm shall be liable for its debts. Article 21 of the law firm to change the name, the person in charge, the constitution, the partnership agreement, shall be reported to the original audit department for approval. Law firms change residence, partners, shall be reported within fifteen days from the date of change the original audit department for the record. Article 22 of the following circumstances, shall be terminated: (a) can not maintain the legal establishment of conditions, by the deadline for rectification still does not meet the conditions; (b) the law firm's license has been revoked according to law; (c) self-decided dissolution; (d) laws and administrative regulations shall be terminated in other cases. The termination of the law firm, by the issuance of the certificate of practice of the department cancellation of the law firm's certificate of practice. Article 23 law firm shall establish and improve the practice management, conflict of interest review, fees and financial management, complaint investigation, annual assessment, file management system, lawyers in practice activities in compliance with professional ethics, practice discipline supervision. Article 24 law firms shall, after the annual assessment, to the municipal people's government of the city or municipality directly under the central government district judicial administrative department to submit the annual report on the practice of lawyers and the results of lawyers practice assessment. Article 25 lawyers undertake business, by law firms unified acceptance of entrustment, and the principal signed a written contract, in accordance with national regulations uniform fees and accounted for. Law firms and lawyers shall pay taxes according to law. Article 26 law firms and lawyers shall not defame other law firms, lawyers or pay referral fees and other improper means to solicit business. Article 27 law firms shall not engage in business activities other than legal services. Chapter 4 the lawyer's business and the rights and obligations of article 28 lawyers may engage in the following business: (a) accept the natural person, legal person or other organizations, as legal adviser; (b) accept the civil case, administrative cases, as an agent to participate in the litigation; (c) accept the criminal suspects of the entrusted to provide legal advice, representation of the complaint, indictment, for the arrested criminal suspects to apply for release on bail pending trial, accepting the entrustment of criminal suspects and defendants or the designation of the people's court, acting as a defender, accepting the entrustment of the private prosecutor in a private prosecution case, the victim in a public prosecution case or his close relatives, acting as an agent to take part in the litigation; (d) accepting entrustment to act as an agent for various types of litigations; (e) accepting entrustment to take part in mediation and arbitration activities; (f) accepting entrustment to provide Non-litigation legal services; (g) to answer inquiries about the law, writing litigation documents and other documents related to legal affairs. Article 29 lawyers as legal adviser, shall, in accordance with the agreement for the client on legal issues, drafting, review of legal instruments, agents to participate in litigation, mediation or arbitration activities, for other legal affairs, to safeguard the lawful rights and interests of the client. Article 30 lawyers as agent for litigation or non-litigation legal affairs agent, shall be entrusted with the authority, safeguard the lawful rights and interests of the principal. Article 31 a lawyer as a defender, shall, according to the facts and law, put forward the suspect, the defendant is not guilty, or mitigate, exempt from criminal liability materials and opinions, safeguard the suspect, the defendant's lawful rights and interests. Article 32 the client may refuse to have entrusted the lawyer for its continued defense or agent, at the same time may separately appoint a lawyer as a defender or agent. Lawyer accepts the entrustment, without justifiable reasons, shall not refuse to defend or represent. However, the entrusted matters illegal, the client uses the services provided by the lawyer to engage in illegal activities or the client intentionally conceals important facts relating to the case, the lawyer has the right to refuse to defend or represent. Article 33 a criminal suspect by the investigating authorities of the first interrogation or take compulsory measures, the entrusted lawyer with a lawyer's practice certificate, law firm certificate and power of attorney or legal aid official letter, have the right to meet with the suspect, the defendant and understand the case. A lawyer who meets with a criminal suspect or defendant shall not be subject to wiretapping. Article 34 entrusted lawyers from the date of the case review and prosecution, the right to investigate