(Ministry of Justice Decree No. 112)
The Measures for the Administration of Lawyer Practice have been considered and approved by the Ministry of Justice at its ministerial meeting on May 28, 2008, and are hereby promulgated to come into force on the date of promulgation.
Minister Wu Aiying
July 18, 2008
Measures for the Administration of Lawyers' Practice
Chapter I General Provisions
Article 1 In order to regulate the licensing of lawyers' practice, safeguard lawyers in accordance with the law, and to strengthen the supervision and management of lawyers' practice, according to the "Lawyers' Law of the People's Republic of China*** and the State of China" (hereinafter referred to as "Lawyers' Law") and Other relevant laws and regulations, the formulation of these measures.
Second, a lawyer is defined as obtaining a lawyer's license in accordance with the law, accepting the entrustment or designation, for the parties to provide legal services to the practitioner.
Third, through the practice of lawyers, shall safeguard the lawful rights and interests of the parties, safeguard the correct implementation of the law, and safeguard social fairness and justice.
Article 4 lawyers practice law is protected by law, any organization or individual shall not infringe the lawful rights and interests of lawyers.
Judicial administrative organs and bar associations shall safeguard the lawyers' right to practice law.
Article 5 of the judicial administrative organs in accordance with the provisions of the lawyers law and the practice of lawyers supervision, guidance.
Lawyers association in accordance with the "lawyers law", the association's articles of association and industry norms on the practice of lawyers to implement industry self-discipline.
Chapter 2 conditions for the practice of law
Article 6 apply for the practice of law, shall have the following conditions:
(a) uphold the Chinese people's *** and the constitution of the state;
(b) through the national unified judicial examination to obtain the certificate of qualification of the legal profession;
(c) in the lawyer's office for one year of internship;
(d) Good character.
Lawyer's qualification certificates obtained before the introduction of the national unified judicial examination shall have the same effect as legal professional qualification certificates when applying for the practice of law.
Enjoying the national unified judicial examination related application conditions, examination pass preferential measures, and obtaining the legal professional qualification certificate, its application for law practice in accordance with the relevant provisions of the geographical restrictions.
Applicants for the practice of law shall, in accordance with the provisions of the internship activities organized by the bar association, and by the bar association assessment.
Article 7 To apply for part-time practice of law, in addition to meeting the conditions set forth in Article 6 of these measures, shall also have the following conditions:
(1) engaged in legal education and research in institutions of higher learning and scientific research institutions;
(2) with the consent of the unit in which he or she works.
Article 8 An applicant for licensed lawyers to practice law shall meet the conditions set forth in the Lawyers Law and the relevant regulations of the State Council.
Article 9 No person shall engage in the profession of lawyer under any of the following circumstances:
(1) those who are incapable of civil conduct or those who are restricted in their capacity for civil conduct;
(2) those who have received a criminal punishment, except for those who have committed a crime by negligence;
(3) those who have been dismissed from public office or whose certificate of practicing as a lawyer has been revoked.
Chapter III licensing procedures for lawyers
Article 10 of the licensing of lawyers, by the municipal level or municipalities directly under the central government of the district (county) judicial administrative organs to accept applications for practice and preliminary examination, the province, autonomous region, municipalities directly under the central government of the judicial administrative organs for examination and approval, and to make a decision whether or not to permit the practice of law.
Article XI of the application for the practice of law shall be submitted to the municipal level or municipalities directly under the central government of the district (county) judicial administrative organs of the following materials:
(1) application for practice;
(2) legal professional qualification certificate or lawyer's qualification certificate;
(3) lawyers' associations issued by the applicant's internship assessment of the material;
(4) identification of the applicant;
(4) the applicant; and (D) the applicant's proof of identity;
(E) proof of consent to accept the applicant issued by the law firm.
When applying for a license to practice law, the applicant shall truthfully fill in the Application for Registration of Lawyer Practice.
Article 12 of the application for part-time lawyers, in addition to the materials submitted in accordance with the provisions of article 11 of these measures, shall also submit the following materials:
(a) in colleges and universities, scientific research institutions engaged in legal education, research experience and supporting materials;
(b) the unit agreed to the applicant's part-time lawyers practice certificate.
Article 13 The judicial administrative organ of a city or municipality directly under the central government shall deal with the applicant's application for practicing as a lawyer in accordance with the following circumstances:
(1) If the application materials are complete and in accordance with the statutory form, the application shall be accepted;
(2) If the application materials are incomplete or do not conform to the statutory form, the applicant shall be informed of the application materials in one go on the spot or within five days of the date of receipt of the application materials;
(3) The applicant shall be informed of the application materials in one go. 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) application matters obviously do not meet the statutory requirements or the applicant refuses to make corrections, unable to make corrections to the relevant materials, inadmissible, and explain the reasons in writing to the applicant.
Article 14 The judicial administrative organ accepting the application shall, 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 views of the county-level judicial administrative organs where the application for practice; for the need to investigate and verify the situation, may require the applicant to provide relevant supporting materials, may also entrust the county-level judicial administrative organs for verification.
After examination, the applicant shall meet the statutory conditions, whether the materials submitted are true and complete to issue a review opinion, and will review the opinion and all the application materials sent to the provincial, autonomous regions and municipalities directly under the Central Government judicial administrative organs.
Article 15 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 examination opinion and all the application materials to be examined, and make a decision on whether to permit the practice of law.
Approved to practice, shall be issued to the applicant within ten days from the date of the decision to practice law.
Not allowed to practice, shall give the applicant a written explanation of the reasons.
Article 16 Application for licensed lawyers to practice, the materials to be submitted and the acceptance, assessment and approval procedures, in accordance with the provisions of the relevant regulations of the State Council.
Article 17 of the applicant has one of the circumstances specified in article 9 of these measures, shall not be allowed to practice law.
Article 18 of the lawyer's license is a lawyer is permitted to practice in accordance with the validity of the documents.
Certificate of practice of lawyers shall contain the contents of the production of specifications, the preparation of the number, by the ministry of justice. Practice certificate by the ministry of justice.
Article 19 of the following circumstances, by the province, autonomous region, municipality directly under the central government judicial administrative organ to permit the applicant's decision to revoke the original decision to permit the practice of law, and withdraw and cancel its lawyer's license:
(a) the applicant fraud, bribery and other improper means of obtaining the decision to permit the practice of law;
(b) for applicants who do not meet the legal conditions Permission to practice or violation of legal procedures to make a decision on permission to practice.
Article 20 of the lawyer to change the practice of law, shall be to the proposed change of the practice of the municipal district or municipality directly under the central government of the district (county) judicial administrative organs to apply, and submit the following materials:
(1) the original practice of the county-level judicial administrative organs issued by the applicant does not have the circumstances provided for in article 21 of the present measures;
(2) with the original practice of the agency to terminate the employment relationship or the original practice of the applicant;
(2) and (B) and the original practice organization to terminate the employment relationship or partnership, as well as the completion of business, archives, financial and other handover procedures;
(C) to change the practice organization agreed to accept the applicant's certificate;
(D) the applicant's experience in the practice of evidence.
The accepting authority shall issue a review of the application for change and the submitted materials, and together with all the application materials submitted to the provincial, autonomous regions and municipalities directly under the Central Government judicial administrative organs for examination. Permitted to change, by the examination authority for the applicant for the issuance of lawyers practicing certificate; not permitted to change, shall explain the reasons in writing to the applicant. About the review, approval, the period of time for the replacement of the certificate, with reference to the provisions of article 14, article 15 of these measures, the procedures for.
If the change is granted, the applicant shall submit the original practicing certificate to the original reviewing and issuing authority before receiving the new practicing certificate.
The lawyer across the city or province, autonomous region, municipality directly under the central government to change the practice, the original practice and change the location of the practice of judicial administrative organs shall be handed over between the lawyer's practice files.
Article 21 of the lawyer was suspended during the penalty, shall not apply for a change of practice; law firms are suspended for rectification of the penalty period has not expired, the person in charge of the firm, the partners and law firms are suspended for rectification of the penalties directly responsible for lawyers shall not apply for a change of practice; law firms should be terminated, in the completion of the liquidation, for the cancellation of the firm before the person in charge of the, Partners and lawyers directly responsible for the law firm was revoked license shall not apply for a change of practice.
Article 22 of the lawyers are assigned to the law firm branch practice, the lawyer's certificate of practice and management, in accordance with the relevant provisions of the ministry of justice.
Article 23 of the lawyer has one of the following circumstances, by the original examination and issuance of the place of practice of the authorities to withdraw, cancel their lawyer's license:
(a) by the revocation of the lawyer's license penalty;
(b) the original decision to be revoked;
(c) because I am no longer engaged in the lawyer's profession to apply for the cancellation of the;
(d) because with the lawyer's firm in the branch office of the lawyers' firm to apply for renewal and management methods in accordance with the provisions of the ministry of justice. p>(d) because of the termination of the employment contract with the law firm or the law firm is canceled, within six months has not been employed by another law firm;
(e) for other reasons to terminate the practice of law.
Because of the preceding paragraph (c), (d), (e) the cancellation of the certificate of practice of lawyers, re-apply for the practice of lawyers, in accordance with the provisions of these measures, the procedures for applying for the practice of lawyers.
Chapter IV norms for lawyers
Article 24 of the lawyers must abide by the Constitution and the law, abide by the lawyer's professional ethics and practice discipline.
Lawyers practice must be based on facts, the law as a guideline.
Lawyers practice shall accept the state, society and the supervision of the client.
Article 25 lawyers may engage in the following businesses:
(1) accept the commission of natural persons, legal persons or other organizations, to act as legal advisers;
(2) accept the commission of civil cases, administrative cases, as agents, to participate in litigation;
(3) accept the commission of criminal cases, suspects, to provide legal advice for them (iv) accepting entrustment to act as a representative in appeals in all kinds of litigation cases;
(v) accepting entrustment to participate in mediation and arbitration; (vi) accepting entrustment to participate in mediation and arbitration; (vii) accepting entrustment to participate in arbitration and arbitration; (viii) accepting entrustment to participate in mediation and arbitration; (ix) accepting entrustment to participate in arbitration and arbitration; (x) accepting entrustment to participate in arbitration and arbitration; and (y) accepting entrustment to participate in arbitration and arbitration. ) Accepting entrustment and participating in mediation and arbitration activities;
(vi) Accepting entrustment and providing non-litigation legal services;
(vii) Answering inquiries about the law, and writing litigation documents and other documents related to legal affairs on behalf of the court.
Article 26 of the lawyer undertakes business, shall be unified by the law firm accepts the entrustment, and the principal signed a written contract of entrustment, and subject to the law firm on the acceptance of the business of the conflict of interest review and its decision.
Article 27 lawyers shall not act as agents for both parties in the same case, shall not represent themselves and their close relatives have a conflict of interest in legal affairs.
Lawyers serving as members of the standing committee of the people's congresses at all levels shall not engage in litigation representation or defense business during their term of office.
Lawyers who have served as judges or prosecutors shall not be permitted to act as litigation agents or defenders within two years after leaving the people's courts or people's procuratorates.
Article 28 of the lawyer as a legal adviser, shall, in accordance with the agreement for the client on legal issues related to advice, drafting, review of legal instruments, agents to participate in litigation, mediation or arbitration activities, for the entrusted other legal affairs, to safeguard the lawful rights and interests of the client.
Article 29 of the lawyer as a litigation agent or non-litigation legal affairs agent, shall be entrusted with the authority of the legal affairs, safeguard the lawful rights and interests of the principal.
Article 30 of the lawyer as a defender, shall, in accordance with the facts and the law, put forward the suspect, the defendant is not guilty, or mitigate, exempt from criminal responsibility of the materials and opinions, to safeguard the suspect, the defendant's lawful rights and interests.
Article 31 lawyers issuing legal opinions, shall strictly in accordance with the law to fulfill their duties, to ensure the authenticity, accuracy and completeness of their opinions.
Lawyers to provide legal advice, writing legal documents, shall be based on facts, the law as a guideline, and in accordance with the rules of legal advice and legal instruments, the format of the requirements.
Article 32 of the lawyer undertakes the business, shall inform the principal of the entrusted matters for the possible legal risks, shall not be explicitly or implicitly on the results of the handling of the principal to make improper promises.
Lawyers undertake business, shall promptly inform the principal of the progress of the entrusted matters; need to change the entrusted matters, authority, shall obtain the consent of the principal and authorization.
Attorney accepts the commission, without good reason, shall not refuse to defend or represent, but, the commission is illegal, the client uses the services provided by lawyers to engage in illegal activities or the client intentionally concealing important facts relating to the case, the lawyer has the right to refuse to defend or represent.
Article 33 of the lawyer undertakes the business shall guide the client through lawful ways and means of claiming rights and resolving disputes, shall not incite or abet the client to take the public **** order, endangering the public **** security and other unlawful means of resolving disputes.
Lawyers shall not use the convenience of providing legal services to profit from the rights and interests of the parties in dispute, shall not accept the other party's property or other benefits, shall not with the other party or a third party malicious collusion, infringement of the rights and interests of the client.
Article 34 lawyers participating in litigation, arbitration or administrative processing activities on behalf of, shall abide by the court, arbitration tribunal discipline and administrative processing rules, shall not have the following obstruction, interfere with litigation, arbitration or administrative processing activities in the normal course of conduct:
(1) violation of the provisions of the meeting with the judge, the prosecutor, the arbitrator, and other staff concerned;
(2) Offering bribes, promising benefits or instructing or inducing the client to offer bribes to the case undertaker;
(iii) Deliberately providing false evidence or threatening or inducing others to provide false evidence to the judicial, arbitration or administrative organs, thus preventing the other party from legally obtaining the evidence;
(iv) Making statements in the courtroom that jeopardize the security of the state, defame others, or disturb the order in the courtroom ;
(v) other acts provided for by law that obstruct or interfere with the normal conduct of litigation, arbitration or administrative processing activities.
Article 35 lawyers shall respect their peers and compete fairly, and shall not solicit business by unfair means such as slandering other law firms or lawyers or paying referral fees.
Article 36 of the lawyer shall keep in the practice of law shall be known to the state secrets, commercial secrets, shall not disclose the privacy of the parties.
Lawyers in the practice of knowledge of the client and other people do not want to disclose the situation and information, shall be kept confidential. However, the client or other people are prepared or being committed to jeopardize national security, public **** security and other serious harm to the personal and property safety of others, except for the facts and information of the crime.
Article 37 the lawyer undertakes the business, shall, in accordance with the provisions of the law firm to the client uniformly collect the lawyer's fee and the costs of handling the case, shall not be charged privately, and shall not accept the client's property or other benefits.
Article 38 lawyers shall, in accordance with the provisions of the state to fulfill the obligations of legal aid, for the recipients of legal services in accordance with the standard, to safeguard the legitimate rights and interests of the recipients.
Ordinance 39 lawyers shall undertake business, shall properly keep the legal instruments, evidence materials, business documents and work records relating to the undertaking of the matter. After the legal affairs, in accordance with the relevant provisions of the file, to the law firm for safekeeping.
Article 40 lawyers can only practice in a law firm.
Lawyers shall practice full-time during the period of practice, but part-time lawyers or laws and administrative regulations, except as otherwise provided.
Lawyers practice, shall abide by the practice of the law firm's management system, accept the guidance and supervision of the law firm, to participate in the annual examination of lawyers practice.
Article 41 lawyers shall properly use and custody of the lawyer's license, shall not alter, mortgage, loan, rent. If there is lost or destroyed, shall promptly report the location of 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 examination and issuance authority to apply for reissue or reissue. Lawyer practicing certificate is lost, should be published in the local newspaper statement of loss.
Lawyer was revoked, by the revocation of the license to practice punishment, by the practice of the county-level judicial administrative organs to collect its certificate of practice.
Lawyers are subject to stop practicing punishment, shall be punished by the decision to take effect until the expiration of the penalty period, the lawyer's certificate of practice will be deposited with the county-level judicial administrative organs of its practice.
Article 42 lawyers shall, in accordance with the provisions of the judicial administrative organs and lawyers association to participate in the organization of vocational training.
Chapter V supervision and management of judicial administrative organs
Article 43 The county-level judicial administrative organs of its practice in the administrative region of the lawyer's daily supervision and management of the practice of lawyers, to perform the following duties:
(1) inspection, supervision of lawyers in the practice of law in compliance with the laws, rules and regulations, regulations and professional ethics, practice discipline;
(ii) accept reports and complaints against lawyers;
(iii) supervision of lawyers to fulfill the administrative penalties and the implementation of rectification;
(iv) grasp the law firms of lawyers practice annual assessment;
(v) the ministry of justice and provinces, autonomous regions and municipalities directly under the central government judicial administrative organs of the other duties prescribed.
County-level judicial administrative organs in the process of carrying out daily supervision and management, found, confirmed lawyers in the practice of law, there are problems, it shall be a warning talk, and ordered to correct, and its rectification of the situation of supervision; lawyers of the illegal behavior that should be given administrative punishment, shall be to the next level of judicial administrative organs to put forward proposals for punishment; that need to be given to the industry disciplinary action, referred to the Lawyers association to deal with.
Article 44 the municipal judicial administrative organs to perform the following supervision and management duties:
(1) grasp the administrative region of the construction and development of lawyers, and to formulate measures and methods to strengthen the construction of lawyers;
(2) guidance and supervision of the next level of the judicial administrative organs of the day-to-day supervision and management of lawyers' practice, and to organize and carry out special inspections or special assessment work of lawyers' practice, and to guide the lawyers to strengthen the construction of lawyers. Special inspection or special assessment work, guide the investigation and handling of major complaints against lawyers;
(3) the lawyers commendation;
(4) the law on the lawyers of illegal acts to implement administrative penalties; should be given by law to the revocation of the certificate of practice of lawyers punishment, the next higher level of judicial administrative organs to put forward proposals for penalties;
(5) the law firms The results of the annual assessment of the practice of lawyers to implement record supervision;
(6) accept, review the practice of lawyers, change the practice of lawyers, certificate of cancellation of the application;
(7) the establishment of lawyers practice files, responsible for the practice of lawyers licensing, change, cancellation of the information disclosure work;
(8) laws, rules and regulations of the other duties prescribed by the regulations.
Municipalities directly under the central district (county) judicial administrative organs have the relevant duties set forth in the preceding paragraph.
Article 45 Provinces, autonomous regions and municipalities directly under the central judicial administrative organs to perform the following supervisory and management duties:
(1) grasp and assess the situation of the construction of lawyers' teams in the administrative region and the overall level of practice, and to formulate the development of lawyers' teams and related policies, and to formulate the strengthening of lawyers' practice management of normative documents;
(2) supervise and guide the lower judicial administrative organs on the supervision and management of lawyers' practice. Organs of supervision and management of the practice of lawyers, organization, guide the practice of lawyers special inspection or special assessment work;
(3) organization of lawyers recognition activities;
(4) according to lawyers of serious violations of the lawyers of the revocation of the certificate of practice of lawyers, supervision, guidance of the next level of administrative organs of the administrative penalty, for administrative reconsideration and complaint Cases;
(E) for lawyers practice approval, change of practice organization approval and practice certificate cancellation matters;
(F) is responsible for the administrative region of lawyers, practice, management affairs and other major information disclosure;
(VII) laws, regulations, rules and regulations of the other duties.
Article 46 of the judicial administrative organs at all levels and their staff to implement supervision and management of the practice of lawyers, shall not impede the lawyers practice in accordance with the law, shall not infringe on the lawful rights and interests of lawyers, shall not ask for or receive the lawyer's belongings, and shall not seek other benefits.
Article 47 of the judicial administrative organs shall strengthen the implementation of licensing and daily supervision and management of lawyers and supervision of the activities of the hierarchical supervision, in accordance with the provisions of the establishment of the relevant work of the statistics, request for instructions, reports, supervisory and other systems.
Responsible for the implementation of licensing lawyers, lawyers practice annual assessment results for the record or rewards and penalties of the judicial administrative organs, shall promptly notify the relevant licensing decisions, the record, rewards and penalties to the lower level of judicial administrative organs, and to the higher level of judicial administrative organs.
Article 48 of the judicial administrative organs shall strengthen the guidance and supervision of lawyers associations, support lawyers associations in accordance with the "lawyers law" and the association's statutes, industry norms of lawyers practicing lawyers to implement industry self-discipline, the establishment of a sound administrative management and industry self-discipline of the combination of coordination, collaboration mechanism.
Article 49 of the judicial administrative organs at all levels shall regularly the administrative region of the construction of lawyers, the practice of lawyers, statistical information, the annual management of the administrative organs of the higher level.
Article 50 of the judicial administrative organs in the licensing of lawyers and 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.
Chapter VI Supplementary Provisions
Article 51 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 52 these measures shall come into force on the date of publication. Prior to the ministry of justice of the regulations and normative documents relating to the management of the practice of lawyers, and the measures conflict with these measures, these measures shall prevail.