(1May 1996 15 The Eighth National People's Congress
200 1 Adopted by the Standing Committee of the General Assembly at its19th meeting
200 1 65438+ February 29th Ninth National People's Congress
Revised at the 25th meeting of the Standing Committee of the General Assembly)
catalogue
Chapter I General Provisions
Chapter II Conditions for Lawyers' Practice
Chapter III Law Firm
Chapter IV Business, Rights and Obligations of Legal Practitioners
Chapter V Lawyers Association
Chapter VI Legal Aid
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to improve the lawyer system, ensure that lawyers practice according to law, standardize lawyers' behaviors, safeguard the legitimate rights and interests of the parties, ensure the correct implementation of the law, and give full play to the positive role of lawyers in the construction of the socialist legal system.
Article 2 The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law and provides legal services to the society.
Article 3 Lawyers must abide by the Constitution and laws, and strictly abide by lawyers' professional ethics and practice discipline.
Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' practice according to law is protected by law.
Article 4 The judicial administrative department of the State Council shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law.
Chapter II Conditions for Lawyers' Practice
Article 5 A lawyer shall obtain a lawyer's qualification and practice certificate when practicing law.
Article 6 To obtain the qualification as a lawyer, one should take the national unified judicial examination. Those who have a bachelor's degree or above in law in institutions of higher learning, or a bachelor's degree or above in other majors in institutions of higher learning and have legal professional knowledge, have passed the national judicial examination.
If it is really difficult to apply for the qualifications specified in the preceding paragraph, it may be relaxed to a junior college degree in law within a certain period of time after being examined and confirmed by the judicial administrative department of the State Council.
Article 7 A person who has a bachelor's degree in law in an institution of higher learning, is engaged in legal research, teaching and other professional work, and has a senior professional title or equivalent professional level, who applies for practicing as a lawyer, shall be granted the qualification of lawyer after being examined and approved by the judicial administrative department of the State Council according to the prescribed conditions.
Article 8 Anyone who supports the Constitution of People's Republic of China (PRC) and meets the following conditions may apply for a lawyer's practice certificate:
(1) Having the qualification of a lawyer;
(2) Having worked as an intern in a law firm for one year;
(3) Good conduct.
Article 9 A lawyer's practice certificate shall not be issued under any of the following circumstances:
(1) Having no or limited capacity for civil conduct;
(2) Having been subjected to criminal punishment, except for negligent crimes;
(3) Being expelled from public office or having his lawyer's practice certificate revoked.
Article 10 To apply for a lawyer's practice certificate, the following documents shall be submitted:
(1) an application;
(2) Lawyer's qualification certificate;
(three) the internship appraisal materials issued by the law firm where the applicant is located;
(4) A copy of the applicant's identity certificate.
Article 11 An applicant who applies for a lawyer's practice certificate shall be issued a lawyer's practice certificate within 30 days from the date of receiving the application, if it meets the requirements stipulated in this Law upon examination by the judicial administrative department of the people's government at or above the provincial, autonomous region or municipality directly under the Central Government; Those who do not meet the requirements stipulated in this law shall not be issued with a lawyer's practice certificate, and shall notify the applicant in writing within 30 days from the date of receiving the application.
Article 12 A lawyer shall practice in one law firm, and shall not practice in more than two law firms at the same time.
Lawyers' practice is not restricted by region.
Article 13 The current functionaries of state organs shall not concurrently serve as practicing lawyers.
Lawyers are not allowed to practice law while serving as members of the Standing Committees of People's congresses at all levels.
Article 14 A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer or engage in litigation agency or defense business for the purpose of seeking economic benefits.
Chapter III Law Firm
Article 15 A law firm is a lawyer's practice institution.
A law firm shall meet the following conditions:
(1) Having its own name, domicile and articles of association;
(2) Having assets of more than 100,000 yuan;
(3) Having lawyers who meet the requirements of this Law.
Article 16 A state-funded law firm independently engages in lawyer business and is liable for its debts with all its assets.
Article 17 A lawyer may establish a cooperative law firm and be liable for its debts with all the assets of the law firm.
Article 18 A lawyer may establish a partnership law firm, and the partners shall bear unlimited liability and joint liability for the debts of the law firm.
Article 19 An applicant who applies for the establishment of a law firm shall, after examination by the judicial administrative department of the people's government at or above the provincial, autonomous region or municipality directly under the Central Government, meet the requirements stipulated in this Law, and shall issue a practice certificate of the law firm within 30 days from the date of receiving the application; Those who do not meet the requirements stipulated in this Law shall not be issued with the practice certificate of law firm, and shall notify the applicant in writing within 30 days from the date of receiving the application.
Article 20 A law firm may set up branches. The establishment of a branch office shall, in accordance with the prescribed conditions, be examined and approved by the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the branch office is to be established.
Law firms are liable for the debts of their branches.
Article 21 If a law firm changes its name, domicile, articles of association, partners and other major matters or is dissolved, it shall report to the original audit department.
Article 22 A law firm shall, in accordance with its articles of association, organize lawyers to carry out professional work, study laws and state policies, and summarize and exchange work experience.
Twenty-third lawyers to undertake business, the law firm should accept the entrustment, sign a written entrustment contract with the client, collect fees from the parties in accordance with state regulations and record them truthfully.
Law firms and lawyers shall pay taxes according to law.
Article 24 Law firms and lawyers shall not solicit business by slandering other lawyers or paying referral fees.
Chapter IV Business, Rights and Obligations of Legal Practitioners
Article 25 A lawyer may engage in the following businesses:
(a) to accept the employment of citizens, legal persons and other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the engagement of criminal suspects in criminal cases, providing them with legal advice, representing complaints and accusations, applying for bail pending trial, accepting the entrustment of criminal suspects and defendants or the designation of people's courts as defenders, and accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to represent and participate in litigation;
(4) Acting as an agent for appeals in various litigation cases;
(five) to accept the entrustment of the parties and participate in mediation and arbitration activities;
(six) to accept the entrustment of the parties to non-litigation legal affairs and provide legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Article 26 As a legal adviser, a lawyer should provide advice to clients on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted by clients, and safeguard the legitimate rights and interests of clients.
Article 27 A lawyer representing litigation legal affairs or non-litigation legal affairs shall safeguard the legitimate rights and interests of clients within the scope of entrustment.
Article 28 When acting as a criminal defender, a lawyer shall, according to facts and laws, put forward materials and opinions to prove that the criminal suspect or defendant is innocent or light, or to reduce or exempt his criminal responsibility, so as to safeguard the legitimate rights and interests of the criminal suspect or defendant.
Article 29 A client may refuse a lawyer to continue to defend or represent him, or may entrust a lawyer as a defender or agent.
After accepting the entrustment, a lawyer shall not refuse to defend or represent without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, the lawyer has the right to refuse to defend or represent him.
Article 30 When participating in litigation activities, lawyers can collect and consult materials related to the case, meet and correspond with people whose personal freedom is restricted, appear in court and participate in litigation, and enjoy other rights stipulated in the procedural law.
If a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law.
Article 31 A lawyer who undertakes legal affairs may, with the consent of the relevant units or individuals, investigate the situation from them.
Article 32 The personal rights of lawyers in their practice activities are inviolable.
Article 33 A lawyer shall keep the state secrets and the business secrets of the parties he knows in his practice, and shall not disclose the privacy of the parties.
Article 34 A lawyer shall not act as an agent for both parties in the same case.
Article 35 A lawyer shall not commit any of the following acts in his practice:
(1) Accepting entrustment without permission, charging fees from customers without permission, and accepting property from customers;
(two) to seek the disputed rights and interests of the parties or accept the property of the other party by taking advantage of the convenience of providing legal services;
(3) Meeting with judges, prosecutors and arbitrators in violation of regulations;
(4) treating judges, prosecutors, arbitrators and other relevant staff as gifts or paying bribes, or instigating or inducing the parties to pay bribes;
(5) Providing false evidence, concealing facts or threatening or inducing others to provide false evidence, concealing facts, and obstructing the other party from obtaining evidence according to law;
(6) Disrupting the order of the courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.
Article 36 A lawyer who has served as a judge or prosecutor may not serve as an agent ad litem or defender within two years after leaving a people's court or a people's procuratorate.
Chapter V Lawyers Association
Article 37 A lawyer's association is a social organization as a legal person and a self-regulatory organization of lawyers.
All china lawyers association was established nationwide, and local lawyers' associations were established in provinces, autonomous regions and municipalities directly under the Central Government. According to needs, local lawyers' associations can be established in cities divided into districts.
Article 38 The articles of association of the Lawyers Association shall be uniformly formulated by the National Congress of Members and submitted to the judicial administrative department of the State Council for the record.
Article 39 Lawyers must join the local lawyers' association. Lawyers who join the local bar association are also members of all china lawyers association.
Members of the bar association shall enjoy the rights conferred by the articles of association and perform the obligations stipulated in the articles of association.
Article 40 A bar association shall perform the following duties:
(a) to ensure that lawyers practice according to law and safeguard the legitimate rights and interests of lawyers;
(2) Summarizing and exchanging the working experience of lawyers;
(3) Organizing professional training for lawyers;
(four) education, inspection and supervision of lawyers' professional ethics and practice discipline;
(5) Organizing lawyers to carry out foreign exchanges;
(six) mediation of disputes arising from the practice of lawyers;
(seven) other duties as prescribed by law.
Lawyers' associations shall reward or punish lawyers in accordance with their articles of association.
Chapter VI Legal Aid
Article 41 A citizen who needs the help of a lawyer in support, work-related injuries, criminal proceedings, claims for state compensation and claims for payment of pensions according to law and is unable to pay the lawyer's fees may obtain legal aid in accordance with state regulations.
Article 42 Lawyers must undertake legal aid obligations, perform their duties and provide legal services to recipients in accordance with state regulations.
Article 43 Specific measures for legal aid shall be formulated by the judicial administrative department of the State Council and submitted to the State Council for approval.
Chapter VII Legal Liability
Article 44 A lawyer who commits any of the following acts shall be given a warning by the judicial administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government and a city divided into districts. If the circumstances are serious, he shall be punished for stopping practicing for more than three months and less than one year. Illegal income, confiscate the illegal income:
(1) Practicing in two or more law firms at the same time;
(2) Acting for both parties in the same case;
(3) soliciting business by slandering other lawyers or paying referral fees;
(four) after accepting the entrustment, refusing to defend or represent without justifiable reasons;
(5) Failing to appear in court on time to participate in litigation or arbitration without justifiable reasons;
(6) disclosing the business secrets or personal privacy of the parties concerned;
(7) Accepting entrustment privately, charging fees from the client privately, accepting the property of the client, taking advantage of providing legal services to seek the disputed rights and interests of the parties, or accepting the property of the other party;
(8) Meeting with judges, prosecutors and arbitrators in violation of regulations, or entertaining guests and giving gifts to judges, prosecutors, arbitrators and other relevant staff;
(9) obstructing the other party from obtaining evidence according to law;
(10) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities;
(eleven) other acts that should be punished.
Article 45 If a lawyer commits any of the following acts, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) divulging state secrets;
(2) bribing judges, prosecutors, arbitrators and other relevant staff members, or instigating or inducing the parties to pay bribes;
(3) Providing false evidence to conceal important facts, or threatening or inducing others to provide false evidence to conceal important facts.
If a lawyer is punished for intentional crime, his lawyer's practice certificate shall be revoked.
Article 46 Whoever impersonates a lawyer to engage in legal services shall be ordered by the public security organ to stop his illegal practice, his illegal income shall be confiscated, and he may also be fined not more than 5,000 yuan and detained for not more than 15 days.
Without obtaining a lawyer's practice certificate, those who engage in litigation agency or defense business in order to obtain economic benefits shall be ordered by the judicial administrative department of the local people's government at or above the county level to stop their illegal practice, their illegal income shall be confiscated, and they may also be fined not less than/kloc-0 but not more than 5 times their illegal income.
Article 47 Where a law firm violates the provisions of this Law, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall order it to make corrections, confiscate its illegal income, and may concurrently impose a fine of not less than one time but not more than five times its illegal income; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its practice certificate.
Article 48 If the punished person refuses to accept the administrative punishment decision made by the judicial administrative department, he may apply to the judicial administrative department at the next higher level for reconsideration within 15 days from the date of receiving the decision; If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision; You can also bring a lawsuit directly to the people's court.
If a person is fined, fails to apply for administrative reconsideration or bring an administrative lawsuit, and fails to perform the punishment decision, the judicial administrative department that made the punishment decision may apply to the people's court for compulsory execution.
Where an applicant applies for a lawyer's practice certificate in accordance with Article 11 of this Law or applies for the establishment of a law firm in accordance with Article 19 of this Law, he may apply for reconsideration or bring a lawsuit in accordance with the procedures specified in the first paragraph.
Article 49 If a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation. After making compensation, a law firm may claim compensation from a lawyer who has committed intentional or gross negligence.
Lawyers and law firms shall not be exempted or restricted from civil liability for losses caused to the parties due to illegal practice or fault.
Chapter VIII Supplementary Provisions
Article 50 The provisions of this Law shall apply to the acquisition of lawyer qualification, rights and obligations and code of conduct of military lawyers who provide legal services to the military. Specific measures for the administration of military lawyers shall be formulated separately by the State Council and the Central Military Commission (CMC).
Article 51 Measures for the administration of foreign law firms establishing institutions in People's Republic of China (PRC) to engage in prescribed legal service activities shall be formulated by the State Council.
Fifty-second specific measures for lawyers' fees shall be formulated by the judicial administrative department of the State Council and submitted to the State Council for approval.
Article 53 This Law shall come into force as of June 65438+June 65438+10/October +0. 1980 The Provisional Regulations on Lawyers in People's Republic of China (PRC) adopted at the 15th meeting of the Fifth NPC Standing Committee on August 26th shall be abolished at the same time.
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