Legal analysis
1. Lawyer is a profession with high threshold and high industry access standard, and its application conditions are stipulated in the Law of People's Republic of China (PRC) on Lawyers.
2. Article 5 of the Lawyers Law of People's Republic of China (PRC) stipulates the conditions for applying for practicing as a lawyer. Therefore, those who have not passed the national unified legal professional qualification examination and have not practiced in a law firm for one year may not apply.
3. Article 7 of the Lawyers Law of People's Republic of China (PRC) stipulates that those who fail to apply, that is, those with no capacity for civil conduct, those with limited capacity for civil conduct, those who have been subjected to criminal punishment for intentional crimes, those who have been dismissed from public office, or those whose practicing certificates as lawyers and notaries have been revoked, may not engage in the legal profession.
4. Article 9 of People's Republic of China (PRC) Lawyers Law stipulates that even if a professional qualification is obtained, it can still be revoked. Therefore, a person who obtains a lawyer's practice certificate by fraud, bribery or other improper means shall not engage in the legal profession.
5. Article 11 of the Lawyers Law of People's Republic of China (PRC) stipulates that civil servants are not allowed to be lawyers.
6. To sum up, none of the above persons may be lawyers.
legal ground
Article 5 of the Lawyers Law of People's Republic of China (PRC) shall meet the following conditions to apply for practicing as a lawyer: (1) Support the Constitution of People's Republic of China (PRC); (2) Obtaining the legal professional qualification through the national unified legal professional qualification examination; (3) Having worked as an intern in a law firm for one year; (4) Good conduct. The national unified judicial examination certificate and lawyer qualification certificate obtained before the implementation of the national unified legal professional qualification examination have the same effect as the national unified legal professional qualification certificate.
Article 7 of the Lawyers Law of People's Republic of China (PRC) shall not issue a lawyer's practice certificate if the applicant has any of the following circumstances: (1) He has no capacity for civil conduct or has limited capacity for civil conduct; (2) Having been subjected to criminal punishment, except for negligent crimes; (3) Being expelled from public office or having his lawyer's or notary's practice certificate revoked.
Article 9 of the Lawyers Law of People's Republic of China (PRC) is under any of the following circumstances, 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 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 cheating, bribery or other improper means; (2) granting practice to applicants who do not meet the requirements prescribed in this Law.
Article 11 of the Lawyers Law of People's Republic of China (PRC) shall not be 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.