Decree No.76 of the President of the People's Republic of China,
The Lawyers Law of People's Republic of China (PRC) was revised and passed at the 30th meeting of the 10th NPC Standing Committee in People's Republic of China (PRC) on June 28th, 2007. The revised People's Republic of China (PRC) Lawyers Law is hereby promulgated and shall come into force on June 28, 2008.
People's Republic of China (PRC) President Hu Jintao.
2007128 October +65438.
(1May, 199615th The 19th meeting of the 8th NPC Standing Committee adopted the 10th amendment of the NPC Standing Committee on February 28th, 2007 according to the decision made by the 25th meeting of the 9th NPC Standing Committee on amending the Lawyers Law of People's Republic of China (PRC).
Chapter I General principles.
Article 1 This Law is formulated with a view to improving the lawyer system, standardizing lawyers' practice behavior, ensuring lawyers to practice according to law, and giving full play to lawyers' role in the construction of 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, accepted entrustment or assignment, and provided legal services to clients.
Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice.
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' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers.
Article 4 The judicial administrative department shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law.
Chapter II Practice of Lawyers.
Article 5 To apply for practicing as a lawyer, the following conditions shall be met:
(1) Support the Constitution of People's Republic of China (PRC).
(two) through the national unified judicial examination.
(3) Having practiced in a law firm for one year.
(4) Good conduct.
The lawyer qualification certificate obtained before the implementation of the national unified judicial examination has the same effect as the national unified judicial examination certificate when applying for lawyer practice.
Article 6 To apply for practicing as a lawyer, an application shall be submitted to the judicial administrative department of the people's government of a city divided into districts or a municipality directly under the Central Government, and the following materials shall be submitted:
(a) the national unified judicial examination certificate.
(two) the materials issued by the lawyers association that the applicant has passed the internship assessment.
(3) the identity certificate of the applicant.
(4) A certificate issued by a law firm agreeing to accept the applicant.
To apply for a part-time lawyer's practice, it shall also submit a certificate that the unit where it works agrees that the applicant is engaged in a part-time lawyer's profession.
The department accepting the application shall conduct a review within 20 days from the date of acceptance, and submit the review opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, conduct an examination and make a decision on whether to approve the practice. If the practice is approved, the lawyer's practice certificate shall be issued to the applicant; If it is not allowed to practice, it shall explain the reasons in writing to the applicant.
Article 7 An applicant shall not be issued a lawyer's practice certificate under any of the following circumstances:
(1) Having no or limited capacity for civil conduct.
(2) Having received criminal punishment, except for negligent crimes.
(3) Being expelled from public office or having his lawyer's practice certificate revoked.
Article 8 Persons with bachelor degree or above in institutions of higher learning, who have been engaged in professional work in the field of legal service personnel in short supply for fifteen years, have senior professional titles or equivalent professional level, and have corresponding professional legal knowledge, apply for full-time lawyer practice, and are allowed to practice after passing the examination by the judicial administrative department of the State Council. Specific measures shall be formulated by the State Council.
Article 9 Under any of the following circumstances, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the decision to grant practice and cancel the lawyer's practice certificate of the person who has been granted practice:
(1) The applicant obtains the lawyer's practice certificate by fraud, bribery or other improper means.
(2) granting practice to applicants who do not meet the requirements prescribed in this Law.
Article 10 A lawyer can only practice in one law firm. A lawyer who changes his practice institution shall apply for a new lawyer's practice certificate.
Lawyers' practice is not restricted by region.
Article 11 A civil servant shall not concurrently serve as a practicing lawyer.
Lawyers who are members of the Standing Committees of people's congresses at all levels shall not engage in litigation agency or defense business during their term of office.
Article 12 Personnel engaged in legal education and research in institutions of higher learning and scientific research who meet the requirements specified in Article 5 of this Law may, with the consent of their units, apply for part-time lawyer practice according to the procedures specified in Article 6 of this Law.
Thirteenth people who have not obtained the lawyer's practice certificate shall not engage in legal services in the name of lawyers; Unless otherwise provided by law, they shall not engage in litigation agency or defense business.
Chapter III Law Firms.
Article 14 A law firm is a lawyer's practice institution. The establishment of a law firm shall meet the following conditions:
(1) Having its own name, domicile and articles of association.
(2) Having lawyers who meet the requirements of this Law.
(3) The founder shall be a lawyer who has certain practice experience and has not been punished for stopping practicing within three years.
(4) Having assets that meet the requirements of the judicial administrative department of the State Council.
Article 15 The establishment of a partnership law firm shall not only meet the requirements stipulated in Article 14 of this Law, but also have three or more partners, and the promoters shall be lawyers with more than three years' practice experience.
A partnership law firm may be established in the form of general partnership or special general partnership. The partners of a partnership law firm shall be liable for the debts of the law firm in the form of partnership.
Article 16 The establishment of a private law firm shall meet the conditions stipulated in Article 14 of this Law, and its promoters shall also be lawyers with more than five years' practice experience. The founder shall bear unlimited liability for the debts of the law firm.
Article 17 To apply for the establishment of a law firm, the following materials shall be submitted:
(1) application.
(2) The name and articles of association of the law firm.
(3) A list of lawyers, resumes, identity certificates and lawyer's practice certificates.
(4) proof of residence.
(5) proof of assets.
When establishing a partnership law firm, a partnership agreement shall also be submitted.
Article 18 To establish a law firm, an application shall be submitted to the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and the department accepting the application shall conduct an examination within 20 days from the date of acceptance, and submit the examination opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, make a review and make a decision on whether to approve the establishment. If the establishment is approved, the practice certificate of law firm shall be issued to the applicant; If the establishment is not approved, the reasons shall be explained in writing to the applicant.
Article 19 A partnership law firm that has been established for more than three years and has more than 20 practicing lawyers may set up branches. The establishment of a branch office shall 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. An application for the establishment of a branch shall be handled in accordance with the procedures stipulated in Article 18 of this Law.
The partnership law firm shall be liable for the debts of its branches.
Article 20 A state-funded law firm independently engages in lawyer business and is liable for its debts with all its assets.
Article 21 Where a law firm changes its name, person in charge, articles of association and partnership agreement, it shall report to the original audit department for approval.
Where a law firm changes its domicile or partners, it shall report to the original audit department for the record within 15 days from the date of change.
Article 22 A law firm shall be terminated under any of the following circumstances:
(a) unable to maintain the statutory conditions for establishment, and still does not meet the conditions after rectification within a time limit.
(2) The practice certificate of a law firm has been revoked according to law.
(3) Deciding to dissolve on its own.
(4) Other circumstances that should be terminated as stipulated by laws and administrative regulations.
Where the law firm terminates, the practice certificate of the law firm shall be cancelled by the department that issued the practice certificate.
Twenty-third law firms should establish and improve the practice management, conflict of interest review, fees and financial management, complaint investigation, annual assessment and file management systems, and supervise lawyers to abide by professional ethics and practice discipline in their practice activities.
Article 24 A law firm shall, after the annual inspection, submit the annual practice report and the inspection results of lawyers' practice to the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government.
Article 25 When a lawyer undertakes business, the law firm accepts the entrustment, signs a written contract with the client, collects fees in accordance with state regulations and records them truthfully.
Law firms and lawyers shall pay taxes according to law.
Article 26 Law firms and lawyers shall not engage in business by slandering other law firms and lawyers or paying referral fees.
Article 27 A law firm shall not engage in business activities other than legal services.
Chapter iv lawyer's business, rights and obligations.
Article 28 A lawyer may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or 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 entrustment of criminal suspects in criminal cases, providing them with legal advice, representing appeals and accusations, applying for bail for arrested criminal suspects, accepting the entrustment of criminal suspects and defendants or the designation of people's courts, acting as defenders, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives, and representing them in litigation.
(four) to accept the entrustment and represent the complaints of various litigation cases.
(five) to accept the entrustment and participate in mediation and arbitration activities.
(six) to accept the entrustment and provide non-litigation legal services.
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Article 29 As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted, and safeguard the legitimate rights and interests of the client.
Article 30 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 31 When acting as a defender, a lawyer shall, according to the facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, and safeguard the legitimate rights and interests of criminal suspects and defendants.
Article 32 A client may refuse his entrusted lawyer to continue to defend or represent him, and at the same time, he may entrust another lawyer to act 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 deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent him.
Article 33 From the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid to learn about the relevant situation. Lawyers are not monitored when they meet criminal suspects and defendants.
Article 34 An entrusted lawyer shall have the right to consult, extract and copy the litigation documents and files related to the case from the date when the case is examined and prosecuted. The entrusted lawyer has the right to consult, extract and copy all materials related to the case from the date when the people's court accepts the case.
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Article 36 Where a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law.
Article 37 The personal rights of lawyers in their practice activities are inviolable.
Lawyers' opinions on agency and defense expressed in court are not subject to legal investigation. Except for statements that endanger national security, maliciously slander others, and seriously disrupt court order.
If a lawyer is detained or arrested according to law for participating in litigation activities on suspicion of committing a crime, the detention and arrest organ shall notify the lawyer's family, his law firm and lawyers' association within 24 hours after the detention and arrest.
Article 38 A lawyer shall keep the state secrets and business secrets he knows in his practice, and shall not disclose the privacy of his clients.
Lawyers should keep confidential the information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and other serious personal and property safety of others are not included.
Article 39 A lawyer shall not act as an agent for both parties in the same case, nor shall he act as an agent for legal affairs that have conflicts of interest with himself or his close relatives.
Article 40 A lawyer shall not commit any of the following acts in his practice:
(1) Accepting entrustment, charging fees, accepting property or other benefits from clients without permission.
(two) take advantage of the convenience of providing legal services to seek the disputed rights and interests of the parties.
(3) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client.
(4) Meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations.
(5) bribing judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes, or otherwise influencing judges, prosecutors, arbitrators and other relevant staff members to handle cases according to law.
(6) intentionally providing false evidence or threatening or inducing others to provide false evidence, so that the other party cannot legally obtain evidence.
(seven) inciting or instigating the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;
(8) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.
Article 41 A lawyer who once 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.
Forty-second lawyers and law firms shall perform their legal aid obligations in accordance with the provisions of the state, provide legal services that meet the standards for recipients, and safeguard the legitimate rights and interests of recipients.
Chapter V Lawyers Association.
Article 43 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 44 The articles of association of the National Lawyers Association shall be formulated by the National Congress of Members and submitted to the judicial administrative department of the State Council for the record.
The articles of association of a local bar association shall be formulated by the local member congress and reported to the judicial administrative department at the same level for the record. The articles of association of the local lawyers association shall not conflict with the articles of association of the National Lawyers Association.
Article 45 Lawyers and law firms shall join local lawyers' associations. Lawyers and law firms that join local lawyers' associations are also members of the National Lawyers' Association.
Members of the Bar Association shall enjoy the rights and perform the obligations stipulated in the articles of association of the Bar Association.
Article 46 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) Summarize and exchange the working experience of lawyers.
(three) to formulate industry norms and disciplinary rules.
(4) Organizing lawyers' professional training, professional ethics and practice discipline education, and assessing lawyers' practice activities;
(five) to organize and manage the internship activities of lawyers, and to assess the interns;
(6) Rewarding and punishing lawyers and law firms.
(7) Accepting complaints or reports against lawyers, mediating disputes arising from lawyers' practice activities and accepting lawyers' complaints.
(eight) other duties stipulated by laws, administrative regulations, rules and the articles of association of the lawyers association.
The industry norms and disciplinary rules formulated by the Lawyers Association shall not contravene the relevant laws, administrative regulations and rules.
Chapter VI Legal Liability.
Article 47 A lawyer who commits any of the following acts shall be given a warning by the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and may be fined not more than 5,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for less than three months shall be given:
(1) Practicing in two or more law firms at the same time.
(2) Undertaking business by improper means.
(3) Acting as an agent for both parties in the same case, or acting as an agent for legal affairs that have conflicts of interest with himself and his close relatives.
(4) Being an agent ad litem or a defender within two years after leaving a people's court or a people's procuratorate.
(5) Refusing to perform the obligation of legal aid.
Article 48 A lawyer who commits any of the following acts shall be given a warning by the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and may be fined not more than 10,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for more than three months and less than six months shall be given:
(1) Accepting entrustment, charging fees, accepting clients' property or other benefits without permission.
(two) after accepting the entrustment, refusing to defend or represent without justifiable reasons, and not appearing in court on time to participate in litigation or arbitration.
(three) to seek the disputed rights and interests of the parties by taking advantage of providing legal services.
(4) divulging business secrets or personal privacy.
Article 49 If a lawyer commits any of the following acts, the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government with districts shall give him a punishment of stopping practicing for more than six months but less than one year, and may also impose a fine of less than 50,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, 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:
(a) meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations, or otherwise affecting the handling of cases according to law.
(2) offering bribes to judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes.
(3) Providing false materials to the judicial administrative department or committing other fraudulent acts.
(4) Intentionally providing false evidence or threatening or inducing others to provide false evidence, which hinders the other party from obtaining evidence according to law.
(5) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client.
(6) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities.
(seven) inciting or instructing the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes.
(8) making statements that endanger national security, maliciously slander others, and seriously disrupt the court order.
(9) divulging state secrets.
If a lawyer is subject to criminal punishment for intentional crime, 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.
Article 50 If a law firm commits any of the following acts, it shall be given a warning by the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and be suspended for rectification for more than one month and less than six months, and may also be fined less than 100,000 yuan. Illegal income, confiscate the illegal income; If the circumstances are particularly serious, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the practice certificate of the law firm:
(1) Accepting entrustment or charging fees in violation of regulations.
(two) in violation of legal procedures to change the name, person in charge, articles of association, partnership agreement, domicile, partners and other major issues.
(3) engaging in business activities other than legal services.
(four) to slander other law firms, lawyers or pay referral fees and other improper means to undertake business.
(5) Accepting cases with conflicts of interest in violation of regulations.
(6) Refusing to perform the obligation of legal aid.
(seven) providing false materials to the judicial administrative department or committing other fraudulent acts.
(eight) dereliction of duty in the management of lawyers in this firm, resulting in serious consequences.
If a law firm is punished for the illegal acts mentioned in the preceding paragraph, it shall give a warning or a fine of less than 20,000 yuan to the person in charge, depending on the seriousness of the case.
Article 51 If a lawyer violates the provisions of this Law and should be warned and punished within one year after being warned or punished, the judicial administrative department of the district people's government at the municipal level with districts or municipalities directly under the Central Government shall give him a punishment of stopping practicing for more than three months and less than one year; If the punishment for stopping practicing occurs again within two years after the expiration of the period, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the lawyer's practice certificate.
If a law firm violates the provisions of this Law and should be punished by suspending business for rectification, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke its practice certificate within two years after the expiration of the punishment period.
Article 52 The judicial administrative department of the people's government at the county level shall carry out daily supervision and management over the practice activities of lawyers and law firms, and shall order them to correct the problems found in the inspection; Complaints against the parties shall be investigated in a timely manner. If the judicial administrative department of the people's government at the county level thinks that the illegal acts of lawyers and law firms should be given administrative punishment, it shall put forward suggestions for punishment to the judicial administrative department at a higher level.
Article 53 A lawyer who has been punished for stopping practicing for more than six months may not become a partner if the punishment period is less than three years.
Article 54 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.
Article 55 Where a person who has not obtained a lawyer's practice certificate engages in legal services in the name of a lawyer, the judicial administrative department of the local people's government at or above the county level shall order him to stop his illegal practice, confiscate his illegal income and impose a fine of not less than 1 times but not more than 5 times his illegal income.
Article 56 If any staff member of the judicial administrative department violates the provisions of this Law, abuses his power or neglects his duty, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law.