China established a law firm as early as the early days of the founding of the People's Republic of China, and it was revoked in 1957. 1978 After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, the lawyer system was gradually restored throughout the country, formerly known as the Legal Advisory Office, and changed its name to a law firm around 1985. A place with a legal service office is also called a law firm or a legal service center. Under the situation of reform and opening up, it is a legal service institution with China characteristics, which was produced in the grass-roots judicial administrative work.
1985 or so, grassroots organizations such as towns and villages all over the country have set up judicial offices, and legal services are an important work of judicial offices. 1990 or so, some judicial offices are separated from legal service offices, some towns and villages are staffed with two brands, and some county (city, district) judicial administrative organs set up central legal service offices.
Second, the foundation of their establishment is different.
The law firm was established in strict accordance with the law when it resumed its establishment. That is, it was established according to 1 the Provisional Regulations on Lawyers in People's Republic of China (PRC) adopted by the 15th meeting of the Standing Committee of the Fifth NPC on August 26th, 980.1997+1October1was later established according to the Lawyers Law of People's Republic of China (PRC).
The legal service office is established according to administrative regulations or with the approval of judicial administrative organs. Therefore, the legal basis for their establishment is not only different, but also the effectiveness of the laws and regulations they are based on is different.
Third, their business scope is different.
The scope of business of lawyers in law firms "Lawyers Law" stipulates seven business scopes, while the legal workers in legal service offices, according to the regulations of the Ministry of Justice, are limited to providing legal help, legal consultation and representing non-litigation legal affairs for citizens and grass-roots units.
The biggest difference between them in business scope is that lawyers can act as defenders of criminal suspects and defendants in criminal cases and meet directly in detention centers; Lawyers do not have these rights, and only lawyers can do high-level legal services such as financial securities and foreign-related real estate.
Fourth, their qualifications are different.
Article 6 of the Lawyers Law stipulates: "The state practices a unified examination system for lawyers' qualifications. Personnel with college degree or above in law major in colleges and universities or with equivalent professional level, and those with bachelor degree or above in other majors in colleges and universities, who have passed the lawyer qualification examination, shall be granted lawyer qualification by the judicial administrative department of the State Council, have been practicing in a law firm for one year, and can independently engage in lawyer business after passing the examination and obtaining a lawyer practice certificate.
The qualification of legal workers in legal service offices has neither strict academic requirements nor the difficulty of national unified examination. As long as the political and ideological quality is good, after legal professional training, you can engage in this work.
Five, the procedures and conditions for the establishment of the two are different.
The establishment of a law firm requires strict examination and approval procedures. At the same time, it requires a minimum registered capital of 654.38 million yuan, at least three full-time lawyers, a fixed office space and strict practice rules and regulations, and then it is approved by the judicial administrative departments of provinces, municipalities and autonomous regions.
However, it is much easier to set up a legal service office. Generally, it only needs to be audited and registered by the judicial administrative department, and there is no strict requirement on the number, quality and scale of funds.
6. Their international status is different. Lawyer system is a democratic judicial system introduced from western countries in the early 20th century. It has a history of hundreds of years in major capitalist countries such as Britain, the United States, France and Germany. The number and scale of law firms are quite large, and the status of lawyers in domestic political and economic life is also very high.
There are lawyers' associations in the world, and legal services between countries are conducted through the lawyers' associations of various countries. However, there are no similar institutions and organizations in western countries where legal services are located. Among the legal services between countries, western countries only recognize lawyers and do not recognize the legal services provided by lawyers.
So their charging standards are different. Legal service offices generally charge lower fees.
Extended data:
The newly revised Lawyers Law came into effect on June 6, 2008. According to articles 15, 16 and 20 of the new Lawyers Law, there are three organizational forms of law firms in China: partnership system, individual system and state-owned assets system. After the implementation of the new lawyer law, cooperatives began to withdraw from the historical stage of lawyer service.
When you encounter a legal problem, you can ask a lawyer for help. In China, a lawyer service organization is called a law firm, which is an organization where China lawyers provide legal services to the society. If you ask at home, the lawyer will receive you. You can ask him your difficult questions and the lawyer will answer them truthfully according to law. When you feel the need to ask a lawyer to help you solve the problem, you should fill in the following documents:
1. Power of Attorney: This power of attorney is a written certificate that you entrust a lawyer as an entrusted agent to complete certain civil activities on your behalf. The power of attorney must specify the authorization authority, which is divided into general authorization and special authorization.
Agency contract: This contract clearly stipulates the rights and obligations between you and your lawyer.
When you fill in the above documents and pay the fees as required, you hire a lawyer.
Grassroots legal service offices are legal service organizations established in towns and urban streets according to the Administrative Measures of the Ministry of Justice for Grassroots Legal Service Offices (Order No.60 of the Ministry of Justice on March 3 1 2000), and they are the practice institutions of grassroots legal service workers. It is a market intermediary organization which is located in towns and urban streets and provides legal services to the society.
References:
Baidu encyclopedia-law service office
Baidu encyclopedia-lawyer office