The minimum qualification of a lawyer. With the rapid development of economy and the large-scale expansion of enterprises, more and more enterprises need consultants. Lawyer is a respected profession in today's society, and becoming a lawyer is the dream of many people. Let's learn about the minimum academic qualifications of lawyers.
Minimum academic qualifications for lawyers 1. To apply for a lawyer's qualification certificate, you need to have a full-time undergraduate degree in law from an ordinary university and obtain a bachelor's degree or above; Bachelor degree or above in non-law major in full-time colleges and universities, master of law, master of law or above; Full-time institutions of higher learning have obtained a bachelor's degree or above in non-law major and a corresponding degree, and have been engaged in legal work for three years.
registration requirement
(1) Having China nationality;
(two) support the people and the Constitution of China, and enjoy the right to vote and stand for election;
(3) Having good political and professional qualities and moral conduct;
(4) Having full capacity for civil conduct;
(5) Having a bachelor's degree in law from a full-time ordinary institution of higher learning, and having obtained a bachelor's degree or above; Bachelor degree or above in non-law major in full-time colleges and universities, master of law, master of law or above; Full-time institutions of higher learning have obtained a bachelor's degree or above in non-law major and a corresponding degree, and have been engaged in legal work for three years.
warranty of title
Since 2008, senior students can take the national unified judicial examination held by the state in the last semester of their senior year by virtue of their student status. Senior students who receive the graduation certificate in the following year may apply for lawyer qualification certificate and internship certificate if they pass the judicial examination, and may apply for lawyer practice certificate if they pass the judicial examination and practice in a law firm for one year. The national average pass rate was 6.68% in 2002, 8.75% in 2003, 1 1.22% in 2004, and slightly increased to 14.39% in 2005.
The personnel bureau is determined according to the working years. Lawyer China is like this. First, you get the professional qualification certificate. Practice for one year and get the qualification certificate. It is divided into three levels of ABC. A certificate is a bachelor's degree (except for any major and party school) and has passed the national line;
B certificate is a law college degree registration and passed the national line; Certificate C is the line where law schools register and pass through care areas (poverty-stricken counties and ethnic minority areas). A certificate is universal in the whole country, and B certificate and C certificate are universal in local areas. If you only get a B certificate or a C certificate, but want to practice in the whole country, you can first get a bachelor's degree through the self-study exam (not at school) or the final exam (at school), and then take the judicial exam and pass the national line.
Lawyers are divided into grade one, grade two, grade three and grade four. The first-class lawyer is a senior lawyer, the second-class lawyer is a deputy senior lawyer, the third-class lawyer is an intermediate lawyer and the fourth-class lawyer is a junior lawyer. In principle, you need a foreign language proficiency test, but if you are a business backbone, you can also avoid a foreign language test. The professional ability of lawyers should be evaluated by the parties themselves, but in practice, the professional title of lawyers is determined by the personnel bureau according to the working years of lawyers.
Minimum academic qualifications for lawyers. What are the quality requirements of criminal defense lawyers?
First of all, I have comprehensive legal knowledge, defense ability and strong language logical thinking ability. I can refute the request of the parties and protect the legitimate rights and interests of the parties without breaking the law. This is the most basic quality. Criminal defense lawyers represent citizens' checks and balances on public rights and shoulder the sacred mission of innocent people not being investigated by law. The profession of defense lawyer is extremely challenging and antagonistic.
Only by debating on the spot can we protect the best:
Good eloquence is the foundation of lawyers, debate is the core, defense is the purpose, eloquence is the strength, and protection is the goal. Lawyers should understand that the content of defense is more important than the form of defense. The first barrier for defense lawyers is to deal with investigation organs, and handling this relationship well is also the premise of defense lawyers. The disparity between the status of investigation organs and defense lawyers makes lawyers unwilling to engage in defense business and afraid of taking risks.
However, if we treat the relationship between the two correctly according to law, dare to argue and be good at using legal knowledge to safeguard the legitimate rights and interests of the parties, we can achieve our goal. I believe that the investigation authorities will give some cooperation. Because the determination of the facts of a case is not a strong right, whoever has sufficient factual evidence and legal basis to accurately determine the facts of a case is a strong right. We must realize that power is not equal to strength. In terms of working relationship, they all belong to the same legal profession, and * * * is the same as maintaining the correct implementation of national laws. There is no difference between them.
Full preparation before the court is a good start to victory. Behind every wonderful debate, there is the hardship of a little-known lawyer, careful preparation before the court, and successful evidence and cross-examination in court investigation, which are indispensable conditions for winning the court debate. Pre-trial reading, meeting, analyzing the case, verifying, grasping the key points of the case, grasping the whole case, avoiding any omissions and preventing major mistakes, pre-trial preparation should be prepared from both professional theory and psychology.
It is particularly important to have a solid foundation in legal theory, and rich experience in handling cases is indispensable. You can't be satisfied with knowing the legal provisions, otherwise the defense will not succeed. It is not enough to master the tacit understanding between theory and practice. It is not only a pity, but also a dereliction of duty not to put forward theoretical basis to support one's views in court debate.
If you make a mistake in analyzing the case, you will misjudge intentional injury as self-defense and try your best to establish an unsuccessful defense point. In cross-examination, we can't find the evidence errors and problems in time, read the prepared defense, leave the manuscript or jump out of the train of thought, which often leads to major mistakes.
Only with a profound theoretical foundation of law and rich knowledge and experience can the defense be reliably guaranteed. The cases handled by lawyers involve all aspects, such as life, property and technology. The grievances and grievances are unimaginable. No profession can cover a wider range of fields than lawyers. Therefore, lawyers should have extensive knowledge and demonstrate excellent analysis and judgment ability on complex and changeable issues. If they don't prepare carefully, it will be difficult for them to achieve their expected goals.
Different from lectures, court debates are interactive, bidirectional, targeted, professional and systematic. Empty theories are difficult to convince the court, let alone to the point, but clever debates without theoretical support are also pale and powerless. An excellent theorist may not be competent for court debate, and an eloquent speaker cannot achieve good results. Court debate is a combination of theory and debate, and it is a combination of theory and practice. Therefore, to be a successful defense lawyer, we need an organic combination of theory and practice.
Logical thinking is the key factor to win. We all realize that in many cases, the same viewpoint, expression and level are different, and the effect is different. The power of logical thinking is very critical. The argument is accurate, the level is clear, the structure is rigorous, and it is interlocking, which is indispensable in the debate. A touching and wonderful debate can best reflect the elegance of lawyers, first of all, the words.
Responsibility first, legal principles simultaneously;
Debate is not only a science, but also an art and a responsibility. The success of the debate not only reflects the lawyer's own level and image, but also involves the vital interests of the client. Court debate is a combination of lawyers' comprehensive level and sense of responsibility, and pursues the unity of debate level and actual effect.
There are many factors for lawyers to argue, such as the facts of the case, the severity of punishment, the degree of punishment, the application of punishment and so on. During this period, the lawyer's level, work preparation and handling experience are very important. Lawyers should correctly understand the court debate and the overall tone direction.
See advantages in cross-examination and defense:
In criminal defense lawyers, the prosecution gives evidence and the defense cross-examines. The prosecution is always on the offensive, and the defense is on the defensive with the evidence. The law stipulates the burden of proof for the prosecution, and requires that the evidence must be true, legal and relevant, which puts great pressure on the prosecution. As long as the defense lawyer breaks the evidence, he can win, break the chain of evidence for the prosecution and create defeat. Some people have misinterpreted the burden of proof in criminal defense before.
It is wrong to think that the defendant claims innocence by adducing evidence of innocence and inverting the burden of proof. Generally speaking, the prosecution gives evidence, the defense gives evidence, and the defense needs to give evidence. This is only an exception. If a lawyer wants to think that it is self-defense, he must produce evidence that the defense is established.
Debate is the method, and protection is the purpose;
It is important that the focus and purpose of the court debate should be consistent, focusing on reason, emotion and evidence, rather than attacking the other side. Lawyers should understand this truth. Lawyers in civil cases should also come up with correct legal methods to solve problems, instead of suppressing and attacking each other, not arguing for the sake of argument, but arguing about ways and ideas to solve problems.
Some lawyers are complacent about defeating each other and refuting each other to nothing, which is actually incorrect. What matters is the result and whether the judge can adopt it. All this must be based on proof, cross-examination and dialectics. The purpose of a lawyer is to make people accept your point of view. Court debate is not a performance, but a practical effect. This concept cannot be changed.
The establishment of topics, the development and adjustment of debate contents, and the selection and application of debate methods and techniques in court debate can not deviate from the purpose of court debate, which is the primary condition for the success of court debate. On this basis, the court debate skills can be effectively brought into play.
Debate is closely related to the center, directly hitting the other side's point of view, not deviating from the theme, self-contained, inconsistent and fragmented. The prosecution and the defense have their own words, but they can't find the combination of confrontation. It seems that they speak separately. Such an aimless debate cannot be called an effective debate. The listener doesn't know what to say, and the judge is at a loss. It also prevents you from talking about things on the basis of facts. It sounds like a war of words, and it is difficult for a clever judge to make a judgment.
French is inseparable from every word:
The language characteristics of court debate, the effect of court debate is that their opinions are adopted by judges, not a level of recognition. The problem to be solved in court debate is how to understand the facts of the case and how to apply the law. Therefore, the correct use of French is the basic requirement for lawyers. Some people advocate arguing in vernacular Chinese. This phenomenon is due to the imperfect construction of the rule of law by lawyers, which should be changed now, otherwise there will be no difference between lawyers and clients.
We should pay attention to expressing our views in reasoning and debate. A wonderful debate may not be accepted by the other party or audience, but the level and skills of the debate will be affirmed, and the audience or parties will judge the level or style of the debater, but the court debate hopes that the court will adopt its own views.
Style and level only serve this purpose, so the court debate must be rational and utilitarian in order to convince the trial judge. To this end, the language of court debate should focus on how to present to the court, not to show talent, not to be unconventional.
Evidence basis, legal basis and theoretical basis are all elements to support the viewpoint, and the court debate only needs sufficient basis. This is because the judge's judgment and ruling power can only be established within the scope prescribed by law, and the debate divorced from the legal basis cannot and will not be adopted even if there are sufficient reasons. Rhetorical reasoning sounds like a novel, which is likely to impress people, but it has no legal basis. This purely emotional debate is obviously not desirable in today's court.
Bearing style cannot be lost:
The lawyer's debating temperament and style will affect the court atmosphere, and the tension between the prosecution and the defense is more common. In fact, this situation may not achieve the best results. Conflicts, oppositions and emotional words and deeds have occurred from time to time in earlier debates, and the increase of hostility has created an unfavorable situation.
Today's debate should be rational, normal, peaceful, positive, polite, harmonious and friendly. The change of court style is an important topic. Some lawyers' full reasoning and calm and graceful attitude not only won the praise of the court and the public, but also won the admiration of the prosecution This style enhances the persuasiveness of the debate.
The skills of court debate should start with grasping the key points and highlighting the key points. The court debate is not to gag the other side, not to scuffle, not to give way to each other. Either side tries to explain its point of view as comprehensively as possible, lest its point of view be missed, but the other side has the upper hand. This psychological idea is understandable, but it is not clever enough and the argument is convincing.
No matter how complicated the case is, only the decisive issues of conviction and sentencing are analyzed and demonstrated in depth, but insisting on comprehensiveness will dilute the theme and the arguments may not be convincing. Lawyer Gao Ming usually doesn't care how many specific questions are raised by the other party, but is good at summarizing and sorting out these questions in a short time, grasping the key points, not correcting side issues and avoiding passive problems.
Only in this way can we take the initiative in the crisis. Looking for contradictions, using contradictions, finding each other's flaws, paying attention to strategies, and simply explaining complex problems can often get obvious results. You should know that the court is neither a forum nor an academic forum. Don't preach blindly and deviate from the ultimate goal.
Minimum education for lawyers 3 Requirements for lawyers
Legal analysis: To apply for practicing as a lawyer, you should meet the following conditions: support the people of China and the Constitution; Pass the national unified judicial examination; Internship in a law firm for one year; 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.
Legal basis: People's Republic of China (PRC) Lawyers Law.
Article 5 To apply for practicing as a lawyer, the following conditions shall be met:
(a) support the constitution of People's Republic of China (PRC);
(2) Having passed the national unified judicial examination;
(3) Having worked as an intern in a law firm for 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.
Article 6 To apply for practicing as a lawyer, an application shall be submitted to the judicial administrative department of the people's government of a city divided into districts or a municipality directly under the Central Government, and the following materials shall be submitted:
(a) the national unified judicial examination certificate;
(two) the materials issued by the lawyers association that the applicant has passed the internship assessment;
(3) the identity certificate of the applicant;
(4) A certificate issued by a law firm agreeing to accept the applicant. To apply for a part-time lawyer's practice, it shall also submit a certificate that the unit where it works agrees that the applicant is engaged in a part-time lawyer's profession.
The department accepting the application shall conduct a review within 20 days from the date of acceptance, and submit the review 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 departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, conduct an examination and make a decision on whether to approve the practice. If the practice is approved, the lawyer's practice certificate shall be issued to the applicant; If it is not allowed to practice, it shall explain the reasons in writing to the applicant.