1. Under what circumstances will the lawyer's qualification certificate be revoked?
According to the provisions of Article 49 of China's Lawyers Law, if a lawyer commits one of the following acts, if the circumstances are serious, his qualification certificate shall be revoked:
(a) meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations, or otherwise affecting the handling of cases according to law;
(2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes;
(3) Providing false materials to the judicial administrative department or committing other fraudulent acts;
(4) Deliberately providing false evidence or threatening or inducing others to provide false evidence, which hinders the other party from obtaining evidence according to law;
(5) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client;
(6) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities;
(seven) inciting or instructing the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;
(8) making statements that endanger national security, maliciously slander others, and seriously disturb the order of the court;
(9) divulging state secrets.
If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate.
In addition, Article 51 of the Lawyers Law stipulates that if a lawyer violates the provisions of the Lawyers Law and should be given a warning or punishment within one year after being given a warning or punishment, the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government shall give him a punishment of stopping practicing for more than three months and less than one year; If the punishment for stopping practicing occurs again within two years after the expiration of the period, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the lawyer's practice certificate.
Second, what conditions should I have to apply for a lawyer's practice license?
Article 5 of the Lawyers Law stipulates that 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) 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.
These are Bian Xiao's answers to relevant legal questions. A lawyer is a legal professional, who needs both academic qualifications and professional knowledge, and also needs to pass the legal professional qualification examination. Moreover, the laws of China also protect the rights and interests of lawyers from illegal infringement. However, rights and obligations often coexist, and lawyers should also abide by the law and practice legally. If you have any other questions, readers are welcome to consult.