Article I apply for lawyers practicing internship (hereinafter referred to as "internship") shall meet the following conditions:
(a) support the Chinese people's **** and the Constitution;
(b) have full capacity for civil behavior;
(c) good conduct;
(d) the law of the people's rights and interests;
(c) the lawyer's right to apply for a lawyer's license. (3) Be of good moral character;
(4) Have not been subjected to criminal punishment (except for negligence);
(5) Have no record of being dismissed from public office or having their license to practice law revoked;
(6) Have obtained a certificate of qualification as a lawyer or a certificate of qualification for a legal profession.
Chinese lawyer's license
(VII) meet the other conditions specified in these rules.
Article 2 The application, examination and issuance of the Internship Certificate for Persons Applying for Lawyer Practice:
(1) After examining and approving the following contents of the law firm which intends to accept the internship, the law firm shall submit the relevant application materials to the lawyers' association of the provincial municipality in the place where the internship is to be held:
1. The Internship Application Form filled in by the person who applies for the internship;
2. The legal professional qualification certificate or lawyer's qualification certificate of the applicant;
3. Qualification certificate or lawyer's qualification certificate;
3, applying for internship ID card, non-city household registration submitted by the public security organs issued by the residence permit or temporary residence permit;
4, applying for internship issued by the unit of the resignation of the original job, or the local townships and street offices issued by the certificate of joblessness; talent exchange center issued by the archives of the certificate and other proof that I can be dedicated to the lawyer's profession. Engage in the lawyer's profession materials;
5, apply for internship where the public security organs issued by the public security authorities have not been subjected to criminal penalties (except for criminal negligence) of the materials;
6, one inch recent color photo (blue background);
and attached to the law firm on the law firm and to be designated as a mentor to meet the conditions of the rules, the law firm and the applicant for internship signed the "law firm" and the "law firm" and the "law firm" and the "law firm" and the applicant for internship signed the "law firm" and the "law firm". Firm and the applicant for internship signed the "internship agreement".
Acceptance of part-time lawyers to be engaged in the profession of the person applying for internship, in addition to the submission of the above provisions of the relevant materials, shall also submit the applicant for internship in higher education law faculties and departments or legal research units issued by the consent of the internship materials.
All of the above materials should provide the original and a copy. Provincial municipal lawyers association review agreed, the original is returned, a copy of the original stamped with the original consistent chapter, and other application materials together with the applicant's internship file.
(b) receive "apply for lawyer practice personnel internship certificate"
1, provincial municipalities within 20 working days from the date of receipt of the application materials to complete the application for internship, to accept the internship of law firms and supervising lawyers conditions of the review, agree with the internship, the issuance of the "apply for lawyer practice personnel internship certificate", and reported to the provincial lawyers association for the record; do not agree with the internship, notify the law firm in writing and apply for internship. Written notice of the law firm and apply for internship, and inform the reason.
2, "apply for lawyer practice certificate" by the national lawyers association unified printing, the provincial lawyers association unified number, number order: provincial code - city code - internship certificate issued month and year - gender (male 1, female 2) - full-time, part-time (full-time 1, part-time 2) - 4 sequential number.
Article 3 interns in the internship period, "apply for lawyers practicing lawyers lost or damaged, by accepting the internship law firms to the provincial municipalities to apply for replacement or reissuance of the lawyers association.
Article 4 the internship period for one year, including centralized training and practical training two content. The internship period from the date of "applying for lawyers practicing lawyers internship certificate".
The internship in the internship period to give up the internship, the law firm to terminate the internship relationship or without good reason to other internship, has been carried out in the internship is invalid, provincial municipalities lawyers association shall cancel its internship qualification.
Internship due to the law firm or supervising lawyers lose acceptance conditions or negligence in the performance of the duties of guidance and interruption of the internship, can be in the interruption of the reason for the occurrence of 30 days to apply for transfer to the internship. The application for transfer of internship shall be resubmitted in accordance with the provisions of these rules, and the internship is valid and the period of internship shall be counted consecutively.
Article 5 During the period of internship, the interns shall complete the prescribed internship contents and establish internship records.
Article 6 the intern shall accept the provincial lawyers association organization of centralized training, the provincial lawyers association can also be entrusted to the provincial municipal lawyers association organization of centralized training.
(a) centralized training time for thirty days. Training content in accordance with the national lawyers association "apply for lawyer practice personnel centralized training program.
(2) the end of the centralized training, the organization of training lawyers association of internship assessment. The assessment can take a combination of written test and interview. Assessment content according to the centralized training syllabus to determine.
(c) the internship by the assessment of qualified, by the organization of the training of the bar association issued "internship training certificate"; assessment of unqualified, should re-attend the next year's centralized training.
(d) centralized training period, the internship is absent for more than 1/5 of the course, cancel the training qualification.
Article 7 during the internship, interns shall not have the following behaviors:
(a) in the name of the lawyer to negotiate, solicit, undertake business;
(b) in the name of the lawyer to print business cards and other related materials;
(c) lending, renting, mortgaging, transferring, altering, "applying for lawyers internship card";
(d) do not obey the law firm, supervising lawyer supervision and management. Obedience to the supervision and management of law firms, supervising lawyers;
(E) do not comply with the centralized training discipline;
(F) other does not meet the requirements of internship or damage to the image of the lawyer's profession.
Article 8 the internship period, accept the internship law firm shall submit the following materials to the municipal lawyers association:
(a) internship summary written by interns;
(b) internship diary;
(c) supervising lawyers on internship conduct and ability to practice the assessment;
(d) lawyers (D) the law firm issued the "internship appraisal certificate";
(E) "internship training certificate";
(F) "apply for lawyers practicing internship certificate".
Article 9 province municipalities lawyers association in 15 working days after receiving the material for review and assessment. Examination and assessment of qualified, provincial municipalities in the "internship registration form" in the signing of qualified opinions, as interns apply for a lawyer's license as a valid document.
Article 10 the internship has one of the circumstances of article 7 of these rules or the internship content does not meet the national lawyers association "apply for lawyer practice guide" requirements, recognized as internship assessment is not qualified, the internship personnel to re-internship or by the law firm to terminate the internship relationship.
Article 11 of the internship assessment is not qualified, by the provincial municipalities lawyers association to make a decision, the law firm notify the intern himself.
Article 12 of the internship has one of the provisions of article 7 of these rules and the circumstances are serious, the provincial municipalities shall order the Association of lawyers to stop the internship, the internship has been invalid, the circumstances are serious, within two years shall not apply for internship again.
Ordered to stop the internship, the provincial municipal lawyers association to make a decision. Decision shall contain the name of the internship, internship start date, ordered to stop the internship reasons and dates, and shall not apply again for internship deadline.
The decision to stop the internship by the law firm to serve the intern. If it can not be served, the announcement.
Article 13 of the internship on the provincial municipal lawyers association to make the internship assessment failed or ordered to stop the internship decision is not convinced, you can to the provincial lawyers association to review the application. The provincial bar association shall within three months from the date of receipt of the application for review, and make a final decision. The final decision of the provincial bar association shall be served on the intern by the law firm. Can not be served, through the announcement.
Article 14 order to stop the internship decision, shall be made within 10 working days from the date of the judicial administrative organs at the same level for the record.
Article 15 the provincial municipalities lawyers association shall be in the local law association documents or website on the assessment of qualified interns for publicity. The publicity period is one month.
Article 16 of the examination of qualified interns, shall apply to the judicial administrative organs within three years from the date of expiration of the publicity period to practice law. Apply for more than three years, to receive centralized training, and by the provincial municipalities lawyers association of their conduct during the period of not applying for practice, etc., and make a conclusion of the examination.
Lawyer when the relevant provisions of the firm
Article 1 law firms and interns signed the "internship agreement" content shall comply with the relevant provisions of the national lawyers association.
Article 2 law firms shall not accept interns under any of the following circumstances:
(a) without a supervising attorney who meets the prescribed conditions;
(b) subject to the following penalties of suspension or disciplinary action in the industry for less than six months;
(c) subject to the penalties of suspension or rectification for less than one year after the expiry of the period of punishment;
(d) internal management is chaotic and unfavorable to the interns;
(e) the internship agreement shall be in line with the provisions of the National Lawyers Association. ) Internal management disorder is not conducive to the internship of interns.
Article 3 law firms to perform the following supervisory and management duties:
(a) for interns to apply for "applying for lawyers internship certificate";
(b) supervise and guide lawyers, arrange for interns to receive the client's consulting no less than 15 times, followed by the guidance of lawyers to participate in the court activities or non-litigation activities no less than 3 times;
(c) organization Interns to participate in the political study, business seminars;
(4) organization of internship training;
(5) quarterly internship records of internship work for review;
(6) for internship activities to provide the necessary conditions and safeguards.
Article 4 law firms that interns moral character or ability to practice law is not suitable for law practice, shall promptly terminate the internship relationship.
Article 5 law firms have one of the following circumstances, by the provincial municipal lawyers association shall order to stop receiving interns:
(a) violation of the national association of lawyers, "apply for practice of lawyers internship rules," the acceptance of internships;
(b) arrange for the application for practice of lawyers internship rules do not meet the conditions stipulated in the lawyer as a guiding (c) failing to supervise and guide the lawyer to perform the tasks and duties stipulated in the Rules for the Administration of Internship of Persons Applying for Lawyer Practice, resulting in the intern not being able to complete the internship tasks stipulated in the Guide for the Practical Training of Persons Applying for Lawyer Practice during the internship period;
(d) failing to stop the internship activities of the interns after the provincial municipality's lawyers' association has made the decision of stopping the interns by ordering the internships. Activity;
(E) internship expires, not in the prescribed time to issue internship appraisal;
(F) law firms and supervising lawyers for interns issued by the appraisal materials and assessment does not accord with the actual situation;
(VII) on the moral character does not meet the requirements of the lawyer's profession of internship is not timely termination of internship;
(VIII) and the internship with law firms and supervising lawyers for internship is not in accordance with the actual situation;
(h) and interns terminate the internship relationship, not to the provincial municipal lawyers association for the record;
(ix) other not dutiful guidance and management of interns and supervising lawyers behavior.
Guiding lawyers regulations
Article 1 guiding lawyers shall meet the following conditions:
(a) more than five years of practice;
(b) has a high degree of professional moral quality, no bad practice record;
(c) has a high level of practice.
The supervising lawyer shall not supervise more than two interns at the same time.
Article 2 the duties of the supervising lawyer:
(a) the interns for professional ethics and discipline education;
(b) guide the interns to understand and master the management system of lawyers;
(c) guide the interns to understand and master the rules of lawyers, norms;
(d) arrange for interns to learn to handle the business of the lawyers.
(d) arrange for interns to learn how to handle the business of lawyers, and instruct interns in the basic training of law practice;
(e) conduct examinations of interns' conduct and ability to practice law;
(f) other guidance and supervision of interns;
(g) shall not require interns to handle affairs unrelated to the internship.
Provincial municipalities lawyers association regulations
Article 1 provincial municipalities lawyers association of internship guidance management, in addition to the implementation of the other provisions of these rules, but also shall perform the following duties:
(a) the organization of the law firms and supervising lawyers to learn and master the management of internships related regulations, the organization of the law firms and supervising lawyers to exchange the guidance and management experience, and to carry out the recognition of activities;
(b) to organize the law firms and supervising lawyers to study and grasp the internship management regulations. Activities;
(b) the organization of internships to carry out exchanges, excellent internships for recognition;
(c) other work to promote and regulate the management of internships.
Article 2 province municipalities lawyers association to establish the internship file. Internship is allowed to practice law, the internship file into its practice file, not allowed to practice law before the application, the internship file is permanently preserved.
Article 3 the internship is ordered to stop the internship, internship assessment of public information and assessment results, the provincial municipalities shall within 30 working days to the provincial bar association for the record.
Article 4 the provincial municipal lawyers association set up "internship management committee" or designate other institutions, undertake specific internship management responsibilities.
Article 5 of the lawyers association of internship guidance and management to accept the same level of judicial administrative organs and higher lawyers association guidance and supervision.