Article 1 In order to regulate the establishment of law firms, and to strengthen the supervision and management of law firms, in accordance with the provisions of the Law of the People's Republic of China on Lawyers (hereinafter referred to as the "Lawyers Law") and other relevant laws and regulations, the formulation of these measures.
Second law firms are lawyers practice. Law firms shall be established in accordance with law and obtain a license to practice.
Article 3 law firms shall carry out business activities in accordance with the law, strengthen the internal management and supervision of the practice of lawyers, according to the corresponding legal responsibility. Any organization or individual shall not unlawfully interfere in the business activities of law firms, shall not infringe the lawful rights and interests of law firms.
Article 4 of the judicial administrative organs in accordance with the "lawyers" and the provisions of the law firms to supervise and guide.
Lawyers association in accordance with the "lawyers law", the association's constitution and industry norms, the law firms to implement industry self-discipline. Article 5 law firms can be set up by lawyers, lawyers set up individually or by the state.
Partnership law firms can be used in the form of general partnership or special general partnership.
Article 6 the establishment of a law firm shall have the following basic conditions:
(1) has its own name, domicile and statute;
(2) in accordance with the "lawyers law" and the provisions of this method of lawyers;
(3) the establishment of the person shall be a lawyer with a certain amount of experience and able to practice law on a full-time basis, and in the three years prior to the application for the establishment of the lawyers, and not subject to the stop Practice penalties;
(4) have the amount of assets in line with the provisions of these measures.
Article 7 The establishment of a general partnership law firm shall, in addition to meeting the conditions set forth in Article 6 of these Measures, have the following conditions:
(1) a written partnership agreement;
(2) three or more partners as the founding members;
(3) the founding members shall be lawyers with more than three years' experience and capable of practicing law full-time;
(4) a lawyer with more than three years' experience and able to practice law full-time;
(5) a lawyer with more than three years' experience and able to practice law full-time.
(iv) have assets of more than RMB 300,000 yuan.
Article 8 The establishment of a special general partnership law firm shall, in addition to meeting the conditions set forth in Article 6 of these Measures, also have the following conditions:
(1) there is a written partnership agreement;
(2) there are more than twenty partners as the founding father;
(3) the founding father shall be a lawyer with more than three years' experience and be able to practice law full-time;
(4) there are assets of more than RMB 300,000 yuan. lawyers;
(iv) have assets of more than ten million yuan.
Article 9 the establishment of individual law firms, in addition to the conditions stipulated in article 6 of these measures, shall also have the following conditions:
(a) the establishment of the person shall have more than five years of experience and can be a full-time practice of lawyers;
(b) more than RMB 100,000 yuan of assets.
Article 10 the state-funded law firms, in addition to the general conditions stipulated in the Lawyers Law, shall have at least two lawyers who meet the provisions of the Lawyers Law and are able to practice full-time.
The need for state-funded law firms, by the local county-level judicial and administrative organs, before applying for permission to set up the county people's government shall be approved by the relevant departments of the county, to provide financial security.
Article 11 provinces, autonomous regions and municipalities directly under the central judicial administrative organs can be based on the local economic and social development and the development of lawyers, appropriate adjustments to the provisions of this method of general partnership law firms, special general partnership law firms and individual law firms set up the amount of assets, reported to the ministry of justice after the approval of the implementation.
Article 12 the establishment of law firms, the name of its application shall comply with the provisions of the ministry of justice relating to the management of the name of law firms, and shall apply for the establishment of a license before the name search in accordance with the regulations.
Article 13 of the person in charge of the law firm, shall apply for the establishment of the license shall be reported to the examination and approval.
Partnership law firms, the person in charge shall be elected by all partners from the partners; state-funded law firms, the person in charge of the lawyers elected by the county-level judicial administrative organs agree.
Individual law firm is the person in charge of the establishment.
Article 14 the constitution of the law firm shall include the following:
(a) the name and residence of the law firm;
(b) the purpose of the law firm;
(c) the organization of the law firm;
(d) the establishment of the amount and source of assets;
(e) the law firm's responsible person's Duties and responsibilities of the head of the law firm, and the procedure for the creation and change;
(6) the decision-making and management bodies of the law firm, and their duties;
(7) the rights and obligations of the lawyers of the firm;
(8) the main management system of the law firm related to the practice of law, fees, finances, distribution and other major management system;
(9) the reasons for the dissolution of the law firm, the procedure, and the liquidation of the law firm;
(j) the interpretation of the constitution of the law firm, the amendment procedure;
(k) other matters that need to be set out.
The establishment of a partnership law firm, its articles of association shall also contain the names of the partners, the amount and manner of capital contribution.
The content of the articles of association of the law firm shall not conflict with relevant laws, rules and regulations.
The articles of association of a law firm from the province, autonomous region, province-level municipality directly under the central government judicial administrative organs to make the decision to establish a law firm.
Article 15 of the partnership agreement shall contain the following contents:
(a) partners, including name, place of residence, identity card number, experience in practicing law, etc.;
(b) the amount of capital contributed by the partners and the manner of capital contribution;
(c) the rights and obligations of the partners;
(d) the duties of the head of the law firm, and the generation
(v) the duties and rules of procedure of the meeting of partners;
(vi) the distribution of partners' income and the manner of assumption of debts;
(vii) the conditions and procedures for the admission, withdrawal and removal of partners;
(viii) the settlement of disputes between partners and the procedures, and the liability for the violation of the partnership agreement;
(ix) the interpretation of the partnership agreement, and the procedure of the change;
(x) the interpretation of the partnership agreement, and the procedure of the change. (ix) Interpretation and modification procedures of the partnership agreement;
(x) Other matters to be set forth.
The contents of the partnership agreement shall not contradict the relevant laws, rules and regulations.
Partnership agreement by consensus and signed by all the partners, from the province, autonomous region, municipality directly under the central government judicial administrative organs to make a decision on the establishment of law firms. Article 16 of the establishment of law firms, by the municipal level or municipalities directly under the central district (county) judicial administrative organs accept the establishment of the application and preliminary examination, reported to the province, autonomous regions, municipalities directly under the central judicial administrative organs for examination and make a decision on whether to grant the establishment of the decision.
Article 17 applies for the establishment of law firms, shall be located to the municipal level or municipality directly under the central government district (county) judicial administrative organs to submit the following materials:
(1) the establishment of the application;
(2) the name of the law firm, the statute;
(3) the establishment of the person's list, curriculum vitae, proof of identity, the certificate of lawyers practicing, the law firm person in charge;
(iv) proof of residence;
(v) proof of assets.
Establishment of a partnership law firm, shall also submit the partnership agreement.
Establishment of state-funded law firm, shall submit the relevant departments of the people's government at the county level of the approval of the appropriation of the establishment, provide financial security.
Application for permission to establish, the applicant shall truthfully fill out the "law firm application for registration".
Article 18 of the municipal level or municipalities directly under the central district (county) judicial administrative organs of the applicant's application for the establishment of law firms, shall be dealt with in accordance with the following circumstances:
(1) the application materials are complete, in accordance with the statutory form, shall be accepted;
(2) the application materials are incomplete or do not comply with the statutory form, shall be on the spot or since the date of receipt of the application materials within five days at a time. Receipt of application materials within five days from the date of receipt of the application materials to inform the applicant of all the contents of the need to make corrections. If the applicant makes the required corrections, the application shall be accepted; if the applicant is not informed after the deadline, the application shall be accepted from the date of receipt of the application materials;
(3) If the application is obviously not in compliance with the statutory conditions or the applicant refuses to make corrections or is unable to make corrections to the relevant materials, the application shall not be accepted and the applicant shall be given a written explanation of the reasons.
Article 19 The acceptance of the application of the judicial administrative organs shall be accepted within twenty days from the date of acceptance of the decision to complete the examination of the application materials.
In the review process, may seek the establishment of law firms where the county-level judicial administrative organs; for the need to investigate and verify the situation, the applicant may be required to provide relevant materials, can also be entrusted to the county-level judicial administrative organs for verification.
After examination, shall establish a law firm's application whether the legal conditions, whether the material is true and complete, and will review the opinion and all the application materials sent to the province, autonomous regions, municipalities directly under the central judicial administrative organs.
Article 20 of the provinces, autonomous regions and municipalities directly under the central judicial administrative organs shall, within ten days from the date of receipt of the application submitted by the review and all the application materials to be examined, and make a decision on whether or not to grant the establishment of law firms.
Approved the establishment of the decision shall be issued to the applicant within ten days from the date of license to practice law.
Failure to grant the establishment of the applicant shall explain in writing the reasons.
Article 21 of the law firm license is divided into the original and copies. The original for hanging in the office, the copy for inspection. The original and copies have the same legal effect.
Law firm license shall contain the content, the production of specifications, the preparation of the license number by the ministry of justice. License to practice by the ministry of justice.
Article 22 of the law firm shall be set up in the applicant shall receive the license within sixty days, in accordance with the relevant provisions of the seal, open a bank account, for tax registration, complete the preparatory work for the opening of law firms, and will be engraved by the law firm seal, financial seal impression and open a bank account reported to the location of the municipal district or municipality directly under the central government of the district (county) of the judicial administrative organs for the record. Authorities for the record.
Article 23 of the following circumstances, by the provincial, autonomous regions, municipalities directly under the central government judicial administrative organs of the decision to grant the establishment of law firms to revoke the original decision to grant the establishment of law firms to recover and cancel the license to practice law firms:
(a) the applicant by deception, bribery, and other improper means to obtain the decision to grant the establishment of law firms;
(b) the application or violation of legal procedures do not meet the statutory conditions. The application does not meet the statutory conditions or violation of the statutory procedures to make a decision to grant the establishment. Article 24 a law firm changes its name, the person in charge, the constitution, partnership agreement, shall be the location of the city or municipality directly under the central municipal district (county) judicial administrative organs for review and approval of the original examination and approval authority. Specific measures in accordance with the establishment of law firm licensing procedures.
Law firms change residence, partners, shall be changed within fifteen days from the date of the city or municipality directly under the central government by the seat of the district (county) of the judicial administrative organs reported to the original audit authority for the record.
Article 25 of the law firms across the county, city, municipal district, change residence, need to change the judicial administrative organs responsible for the implementation of daily supervision and management, shall be in the filing formalities, by the municipal level of the city or municipality directly under the central government of the judicial administrative organs of the relevant changes in the notification of law firms to move into the county level of the judicial administrative organs.
Law firms intend to move the residence of other provinces, autonomous regions, municipalities directly under the central government, shall be canceled in accordance with the original law firm, the establishment of a new law firm procedures.
Article 26 of the law firms to change the partners, including the absorption of new partners, partners withdrawal, partners due to legal reasons or by the resolution of the meeting of the partners was removed.
New partners shall be generated from lawyers practicing full-time and have more than three years of experience in practice, unless otherwise provided by the Ministry of Justice. A lawyer who has been punished with suspension of practice for more than six months and the expiration of the punishment is less than three years shall not be a partner.
Partner withdrawal, removed, the law firm shall, in accordance with the law, the firm's articles of association and the partnership agreement to deal with the relevant property rights and interests, the assumption of debt and other matters.
The change of partners need to modify the partnership agreement, the revised partnership agreement shall be in accordance with the provisions of article 24, paragraph 1 of these measures for approval.
Article 27 of the law firm to change the form of organization, shall, in accordance with the law to deal with their own business connection, personnel arrangements, disposal of assets, liabilities and other matters and the articles of association, the partnership agreement to make the corresponding changes, before applying for changes in accordance with the provisions of the first paragraph of article 24 of these measures.
Article 28 of the law firms due to separation, merger, the need for the original law firm for change or cancellation of the original law firm, the establishment of new law firms, shall, in accordance with the law, deal with the law firms related to the business connection, staffing arrangements, asset disposal, debt obligations and other matters, to submit the separation agreement or the merger agreement, and other application materials, in accordance with the provisions of the relevant regulations. Processing.
Article 29 of the establishment of more than three years and has more than twenty practicing lawyers, a partnership law firm may establish a branch. Establishment of branch, shall be established by the proposed branch of the province, autonomous region, municipality directly under the central government judicial administrative organs. Law firm branch management measures, to be formulated.
Article 30 of the law firms have one of the following circumstances, shall be terminated:
(a) can not maintain the legal conditions for the establishment of the rectification of the deadline still does not meet the conditions;
(b) the license to practice has been revoked according to law;
(c) decided to dissolve;
(d) laws and administrative regulations shall be terminated by the other circumstances. Circumstances.
Law firms in the establishment of the license, within six months after the failure to open or no legitimate reason to stop business activities for one year, as self-stopping, shall be terminated.
Law firms shall not be dissolved by their own decision before the expiration of the period of punishment for suspension and reorganization.
Article 31 law firms in the termination of the occurrence, shall be announced to the public, in accordance with the relevant provisions of the liquidation, according to law, the disposal of assets, debt settlement and other matters. Terminated due to the revocation of the license to practice, by the judicial administrative organs of the penalty decision to the public announcement. Terminated due to other circumstances, the law firm refuses to announce, by the city or municipality directly under the central government of the district (county) judicial administrative organs to the public announcement.
Law firms since the termination of the occurrence of the cause, shall not accept new business.
Law firm shall be liquidated within fifteen days after the end of the city or municipality directly under the central government, the district (county) judicial administrative organs submitted to the cancellation of the application, liquidation report, the practice permit and other relevant materials, by the review of its opinion together with all the cancellation of the application for the original examination and approval of the authorities, for cancellation procedures.
Law firms are canceled, its business records, financial books, the seal of the transfer, disposal, in accordance with relevant regulations. Article 32 law firms shall, in accordance with the "lawyers law" and relevant laws, rules and regulations, rules and regulations and industry norms, establish and improve the practice of management and other internal management system, to strengthen the supervision of the practice of lawyers.
Lawyers shall accept the supervision and management of law firms.
Article 33 of the lawyer undertakes business, by the law firm unified acceptance of entrustment, and the principal signed a written contract.
Lawyers shall accept the business, shall be examined for conflict of interest, shall not be in violation of the provisions of the acceptance of the business with the business and their clients have a conflict of interest.
Article 34 of the law firms to carry out business activities, shall guide the lawyers shall practice in accordance with the law, to fulfill the obligation of legal aid, the establishment of the undertaking of major and difficult cases of collective research and reporting system, the lawyers in the practice of law in compliance with the laws, rules and regulations, and abide by the professional ethics and practice discipline supervision, and found that the problem is corrected in a timely manner.
Article 35 of the law firm shall, in accordance with the relevant provisions of the uniform fees, establish and improve the fee management system, and promptly investigate and deal with reports and complaints about irregular fees.
Law firms shall, in accordance with the provisions of the establishment of a sound financial management system, the establishment and implementation of a reasonable distribution system and incentive mechanism.
Law firms shall pay taxes according to law.
Law firms shall not engage in business activities other than legal services.
Article 36 partnership law firms and state-funded law firms shall, in accordance with the provisions of the employed lawyers and support staff for unemployment, pension, medical and other social insurance.
Individual law firms employing lawyers and support staff, shall be in accordance with the provisions of the preceding paragraph for their social insurance.
Article 37 law firms shall, in accordance with the provisions of the establishment of practice risk, career development, social security fund.
Lawyers to participate in the practice of liability insurance specific measures are separately stipulated.
Article 38 lawyers illegal practice or through fault to the loss caused by the client, the law firm in which he or she bears the responsibility for compensation. Law firm compensation, may recover from the lawyer who has intentional or grossly negligent behavior.
The partners of a general partnership law firm unlimited joint and several liability for the debts of the law firm. Special general partnership law firm a partner or several partners in practice activities due to intentional or gross negligence caused by the law firm debt, shall bear unlimited liability or unlimited joint and several liability, the other partners in the law firm's share of the property to the limit of liability; partners in practice activities due to intentional or gross negligence caused by the law firm debt, by the whole partner Unlimited joint and several liability. Individual law firms establishers of the law firm's debt unlimited liability. State-funded law firms are liable for all of its assets.
Article 39 the person in charge of a law firm is responsible for the management of the law firm's business activities and internal affairs, and represents the law firm externally, in accordance with the law, bear the management responsibility for the law firm's illegal behavior.
Partners meeting or lawyers meeting for the partnership law firm or state-funded law firm decision-making body; individual law firms of major decisions should be fully listen to the views of employed lawyers.
Law firms in accordance with the articles of association may set up the relevant management organization or full-time management personnel, to assist the head of the day-to-day management.
Article 40 of the law firm shall strengthen the lawyer's professional ethics and practice discipline education, business learning and experience exchange activities, for lawyers to participate in business training and continuing education.
Article 41 law firms shall establish a complaint investigation system, timely investigation and correction of the lawyers in the practice of law violations, mediation in the practice of disputes with the client; that need to be complained of lawyers to give administrative penalties or disciplinary action, it shall promptly report to the local county-level judicial administrative organs or lawyers association.
For the annual assessment failed or serious violation of the constitution and management system of the lawyer, the law firm may terminate its employment relationship or by the partners meeting will be removed, the results of the county-level judicial administrative organs and lawyers association for the record.
The lawyers who have served as partners are subject to more than six months of suspension of the practice of law, from the effective date of the penalty decision to the expiration of the penalty period of three years, may not serve as a partner.
Article 42 law firms shall establish lawyers practice annual appraisal system, in accordance with the provisions of the lawyers' practice performance and compliance with professional ethics, practice discipline assessment, rating, implementation of rewards and punishments, the establishment of lawyers practice files.
Article 43 of the law firm shall be in the first quarter of each year by the location of the county-level judicial administrative organs to the district of the municipal judicial administrative organs submitted to the previous year the practice of the report and the results of the lawyers practice assessment, municipalities directly under the central law firms of the practice of lawyers and the results of the assessment of the lawyers practice directly to the area (county) judicial administrative organs to submit to the judicial administrative organs to accept the judicial administrative organs of the year. The annual inspection and examination of the judicial administrative organs. Specific annual inspection and assessment methods, prescribed by the ministry of justice.
Article 44 of the law firm shall, in accordance with the provisions of the establishment and improvement of the file management system, the business of the case file and the relevant information in a timely manner, properly archived.
Article 45 of the law firm shall keep, according to the law, the use of the practice license, shall not alter, loan, rent. If there is lost or destroyed, shall promptly report to the county-level judicial administrative organs, by the location of the city or municipality directly under the central government district (county) judicial administrative organs to the original audit authority to apply for reissuance or reissuance. Law firm license lost, should be published in the local newspaper statement of loss.
Law firms have been revoked, subject to revocation of license penalties, by the county-level judicial administrative organs to collect its license.
Law firms subject to suspension and rectification of punishment, should be from the penalty decision to the penalty period expires, the license will be deposited with the county level judicial administrative organs.
Supervision and management of judicial administrative organs
Article 46 The county-level judicial administrative organs of the administrative region of the practice of law firms in the daily supervision and management, and perform the following duties:
(1) supervise law firms in the process of business activities to comply with the laws, rules and regulations;
(2) supervision of law firms Practice and the establishment and implementation of internal management system;
(3) supervision of law firms to maintain the legal conditions for the establishment of the implementation of changes in the approval or filing;
(4) supervision of law firms to liquidate, apply for cancellation;
(5) supervision of law firms to carry out the annual assessment of the practice of lawyers and the reporting of the annual summary of the practice;
(f) receive reports and complaints against law firms;
(g) supervise law firms to fulfill the administrative penalties and the implementation of rectification;
(h) the ministry of justice and provinces, autonomous regions and municipalities directly under the central government judicial administrative organs of other duties.
County-level judicial administrative organs in the daily supervision and management process, on the discovery and investigation of law firms in the practice of law and internal management problems, should be responsible for law firms or lawyers for warning, and order correction, and supervision of its rectification; law firms of illegal behavior that should be given administrative punishment, should be up to the next level of judicial administrative organs. The administrative organs shall propose penalties; think need to give industry discipline, transferred to the lawyers association.
Article 47 of the municipal judicial administrative organs to carry out the following supervision and management responsibilities:
(1) grasp the administrative region of the practice of law firms and organization, team building, system construction, the development of measures to strengthen the work of lawyers and methods;
(2) guidance, supervision and management of the lower level of judicial administrative organs of the day-to-day supervision and management work. Organize and carry out special supervision and inspection of law firms, and guide the investigation and handling of major complaints against law firms;
(3) commend law firms;
(4) implement administrative penalties for violations of law firms in accordance with the law; the law should be given to the revocation of the license to practice penalties, the next level of judicial administrative organs to put forward penalty recommendations;< /p>
(E) organization to carry out annual inspection and assessment of law firms;
(F) accept, review the establishment of law firms, change, set up a branch, cancellation of the application matters;
(VII) the establishment of law firms practice files, is responsible for the licensing of the law firms, change, termination and practice files of the information disclosure work;
(VIII) Laws, regulations, rules and other duties.
The district (county) judicial administrative organs of municipalities directly under the central government have the relevant duties stipulated in the preceding paragraph.
Article 48 Provinces, autonomous regions and municipalities directly under the central judicial administrative organs to perform the following supervision and management responsibilities:
(1) the development of the administrative region of the development of law firms and related policies, and the formulation of normative documents for the management of law firms;
(2) grasp the administrative region of the law firms organizational construction, team building, system construction and business development situation ;
(3) supervise and guide the supervision and management work of the lower level judicial administrative organs, guide the special supervision and inspection of law firms and annual inspection and assessment work;
(4) organization of commendation activities for law firms;
(5) according to law on the law firms of the serious violations of the implementation of the revocation of the license to practise the penalties, and supervise the next level of judicial administrative organs The administrative punishment, handle the administrative reconsideration and complaint cases;
(6) for law firms to establish approval, change the approval or filing, the establishment of branch offices approved and practice permit cancellation;
(7) is responsible for the administrative region of the law firms related to the disclosure of significant information;
(8) other duties prescribed by laws and regulations.
Article 49 of the judicial administrative organs at all levels and their staff to implement supervision and management of law firms, shall not impede the law firms practicing law, shall not infringe on the lawful rights and interests of law firms, shall not solicit or accept law firms and their lawyers, and shall not seek other benefits.
Article 50 of the judicial administrative organs shall strengthen the implementation of licensing and management activities of the hierarchical supervision, in accordance with the provisions of the establishment of the relevant work of statistics, instructions, reports, supervision and other systems.
Responsible for the implementation of the law firm licensing, annual inspection and assessment or reward, punishment of the judicial administrative organs, shall promptly inform the relevant licensing decisions, assessment results or rewards and punishments of the lower level of judicial administrative organs, and report to the higher level of judicial administrative organs.
Article 51 of the judicial administrative organs shall strengthen the guidance and supervision of lawyers' associations, support lawyers' associations in accordance with the "lawyers" and the statutes of the association, industry norms of law firms to implement industry self-discipline, the establishment of a sound administrative management and industry self-discipline of the combination of the coordination and collaboration mechanism.
Article 52 of the judicial administrative organs at all levels shall regularly the administrative region of the organization of law firms, teams, business statistics, annual management summary to the higher level of judicial administrative organs.
Article 53 of the judicial administrative organs in the establishment of law firms and the implementation of supervision and management activities, abuse of power, dereliction of duty, constitutes a crime, shall be investigated for criminal responsibility; does not constitute a crime, shall be given administrative sanctions. Article 54 the provinces, autonomous regions and municipalities directly under the central judicial administrative organs can be based on these measures to develop specific implementation methods, reported to the ministry of justice for the record.
Article 55 these measures shall come into force on the date of publication. Prior to the ministry of justice on the management of law firms, regulations, normative documents and this approach contradicts, this approach shall prevail.