Extended information:
Order No. 76 of the President of the People's Republic of China,
"Law of the People's Republic of China and the State Lawyers" Revised by Order No. 76 of the Chinese People's Political Consultative Conference and President of the People's Republic of China. 76.
The Lawyers Law of the People's Republic of China and the State was promulgated at the 30th meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on October 28, 2007. The revised Lawyers Law of the People's Republic of China is now announced and will come into effect on June 1, 2008.
Hu Jintao, President of the People's Republic of China.
October 28, 2007. (Revised 30th session).
Chapter 1 General Principles.
Article 1 This law is enacted in order to improve the lawyer system, standardize lawyers' professional behavior, ensure that lawyers practice law, and give full play to the role of lawyers in the construction of the socialist legal system.
Article 2 The term "lawyer" as used in this Law refers to a practitioner who has obtained a lawyer's practicing certificate, accepts the entrustment or designation of a client, and provides legal services to the client.
Lawyers should protect the legitimate rights and interests of the parties, maintain the correct implementation of the law, and maintain social fairness and justice.
Article 3: Lawyers must abide by the Constitution and laws, professional ethics and professional disciplines when practicing law.
Lawyers’ practice must be based on facts and the law as the criterion.
The practice of lawyers must accept the supervision of the state, society and the parties.
Lawyers' practice in accordance with the law is protected by law, and no organization or individual may infringe on lawyers' legitimate rights and interests.
Article 4: The judicial administrative department shall supervise and guide lawyers, law firms and bar associations in accordance with this Law.
Chapter 2 Lawyer License.
Article 5: To apply to practice law, one must meet the following conditions:
(1) Support the Chinese people’s democracy and the national constitution.
(2) Pass the national unified judicial examination.
(3) Intern in a law firm for at least 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.
To apply to practice law, an application should be submitted to the judicial administrative department of the people's government of the municipality or municipality directly under the Central Government, and the following materials should be submitted: (1) National Unified Judicial Examination Certificate.
(2) Certificate of applicant’s internship assessment status issued by the Lawyers Association.
(3) Proof of identity of the applicant.
(4) Certificate issued by the law firm agreeing to accept the applicant.
If you apply to practice part-time as a lawyer, you must also submit proof that your employer agrees to the applicant’s part-time practice.
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 department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall review the submitted materials within ten days from the date of receipt and make a decision on whether to allow practice. If the applicant is allowed to practice law, a lawyer's practicing certificate shall be issued to the applicant; if the applicant is not allowed to practice law, the applicant shall be given a written explanation of the reasons.
Article 7 If the applicant has any of the following circumstances, a lawyer's practicing certificate will not be issued:
(1) The applicant has no capacity for civil conduct or has limited capacity for civil conduct.
(2) Those who have received criminal punishment, except for crimes of negligence.
(3) Being dismissed from public office or having a lawyer's practicing certificate revoked.
Article 8: Those who have a bachelor’s degree or above from a college, have been engaged in legal services for fifteen years in the field of urgently needed professional legal services, have a senior professional title or equivalent professional level and have corresponding legal professional knowledge, apply for full-time lawyer practice If the person passes the assessment of the judicial administrative department of the State Council, he or she will be allowed to practice law. Specific measures shall be prescribed by the State Council.
Article 9 If any of the following circumstances occurs, the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall revoke the decision to approve the practice and cancel the lawyer practice certificate of the person who is approved to practice:
(1) The applicant obtains the lawyer's practicing certificate through improper means such as deception or bribery.
(2) Applicants who do not meet the conditions stipulated in this Law are allowed to practice.
Article 10 A lawyer may only practice in one law firm. If a lawyer changes his practice institution, he shall apply for renewal of his lawyer's practicing certificate.