Legal analysis
A lawyer's practice certificate is a valid certificate for practitioners who have obtained a lawyer's practice certificate according to law, engaged in practice activities, accepted entrustment or assignment, and provided legal services to the parties. It is also a legal and valid certificate to prove the identity of a lawyer. A person who does not hold a lawyer's practice license may not engage in legal services in the name of a lawyer. A lawyer's practice certificate is different from a lawyer's qualification certificate. A lawyer's qualification certificate is a necessary prerequisite for obtaining a lawyer's practice certificate, but if there is only a lawyer's qualification certificate without a lawyer's practice certificate, it is forbidden to engage in lawyer's practice activities. The lawyer's practice certificate shall be issued by the provincial judicial administrative organ after the qualification and other requirements of the applicant are examined and qualified through legal procedures. Therefore, to obtain a lawyer's practice license, the applicant should not only have the knowledge level required to obtain a lawyer's qualification, but also have the ability to actually carry out lawyer's business. The basic characteristics of the lawyer profession are. Have the necessary legal expertise. To provide legal services as its function. Protected and managed. Different lawyers have different lawyer's practice licenses; Different practice licenses have different scope of practice; Different scopes of practice have different rights and obligations. Social lawyers hold a red lawyer's license and are divided into full-time and part-time. Full-time lawyers must resign from public office and specialize in the legal profession; Part-time lawyers do not have to resign from public office, but only qualified personnel in law teaching and research units. Legal aid lawyers hold a brown lawyer's practice license and can only practice in legal aid centers, and may not engage in paid legal services. Public lawyers hold green lawyer's practice certificate, and corporate lawyers hold blue lawyer's practice certificate. The practice scope of public lawyers and corporate lawyers is limited to the internal legal affairs of government departments or companies and does not serve the outside world. Military lawyers hold a red lawyer's practice license, which is managed independently by the army and only serves the army.
legal ground
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.