Article 1 In order to standardize the work of lawyers in this Municipality, ensure lawyers to practice according to law, and strengthen the supervision and guidance of lawyers' practice, these Detailed Rules are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) (hereinafter referred to as the Lawyers Law), the Measures for the Administration of Lawyers' Practice of the Ministry of Justice and relevant laws and regulations, and in combination with the specific conditions of lawyers' practice in this Municipality.
Article 2 Scope These Rules shall apply to the supervision and administration of lawyers' practice application and practice within the administrative area of this Municipality.
Article 3 Duties The Municipal Bureau of Justice and the District Bureau of Justice shall be responsible for supervising and guiding the lawyer's practice license and lawyer's practice behavior in accordance with the provisions of the Lawyers Law, the Measures for the Administration of Lawyer's Practice and these Detailed Rules.
Lawyers' Association shall, in accordance with the Lawyers Law, the articles of association and industry norms, exercise industry self-discipline in the practice of lawyers. Article 4 Party building lawyers should support the Communist Party of China (CPC)'s leadership and the socialist rule of law as their basic requirements.
In practice, lawyers should safeguard the legitimate rights and interests of the parties, the correct implementation of the law and social fairness and justice.
Article 5 Lawyers shall enjoy the right to practice according to law and shall be protected by law. No organization or individual may infringe upon the lawful rights and interests of lawyers.
The Municipal Bureau of Justice, the District Bureau of Justice and the Lawyers Association shall safeguard lawyers' practice rights according to law.
Chapter II Conditions for Lawyers' Practice
Article 6 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 a legal professional qualification certificate through the national unified legal professional qualification examination;
(3) Having worked as an intern in a law firm for one year;
(4) Good conduct.
To apply for practicing as a lawyer, 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 legal professional qualification certificate obtained after the implementation of the national unified legal professional qualification examination.
Enjoy the national unified judicial examination registration conditions, preferential measures for passing the examination, obtain the legal professional qualification certificate, and the geographical requirements for applying for lawyer practice shall be handled in accordance with relevant regulations.
Persons who apply for practicing as lawyers shall participate in the internship activities organized by the Lawyers Association in accordance with the provisions and pass the examination by the Lawyers Association.
Article 7 Part-time Conditions To apply for practicing as a part-time lawyer, in addition to the conditions stipulated in Article 6 of these Rules, the following conditions shall also be met:
(a) to engage in legal education and research in institutions of higher learning and scientific research institutions;
(two) with the consent of the unit.
Article 8 The Prohibition stipulates that a lawyer's practice certificate shall not be issued under any of the following circumstances:
(1) Having no or 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 practice certificate revoked.
Chapter III Procedures for Licensing Lawyers' Practice
Article 9 The local judicial bureau where the law firm is located shall accept the application for practicing and conduct preliminary examination, and report it to the municipal judicial bureau for examination, and make a decision on whether to approve the practice.
Article 10 Application materials To apply for practicing as a lawyer, the following materials shall be submitted to the Judicial Bureau where the law firm is located:
(1) Application for practicing;
(2) Legal professional qualification certificate or judicial examination certificate or lawyer qualification certificate;
Residents of Hong Kong and Macao Special Administrative Regions who have obtained legal professional qualifications in the Mainland apply for practicing in the Mainland or residents of Taiwan Province Province who have obtained national legal professional qualifications apply for practicing in the Mainland, and shall submit information on whether they have obtained the qualification of lawyers from Hong Kong, Macao, Taiwan Province Province or foreign countries and whether they are employed by Hong Kong, Macao, Taiwan Province Province or foreign law firms.
(three) the internship assessment materials issued by the lawyers association;
Re-applying for practicing as a lawyer shall submit the materials issued by the Lawyers Association that the applicant has passed the examination.
(4) the identity certificate of the applicant;
The identity certificate of the applicant shall include the applicant's valid identity certificate and relevant certificates that do not meet the requirements of Article 8 of these Rules.
1. If the applicant is a resident of People's Republic of China (PRC) and Chinese mainland, it is required to submit a copy of the resident ID card within the validity period, a certificate of personnel file relationship and a certificate issued by the public security department at the place where the household registration is located that he has not been subjected to criminal punishment (except for negligent crimes) before the application date.
2. If the applicant is a resident of Hong Kong and Macao Special Administrative Regions, he shall submit the identity certificate notarized by a notary public recognized by the Mainland and the certificate that he has not been subjected to criminal punishment; If the applicant is a resident of Taiwan Province Province, he shall submit the identity certificate notarized by the notary office of Taiwan Province Province and the certificate that he has not been subjected to criminal punishment. Hong Kong legal practitioners and Macao lawyers with more than five years' practice experience shall also submit certificates of the applicant's practice experience and years in Hong Kong and Macao issued by the Hong Kong Law Society, the Bar Association or the Macao Law Society and notarized by a notary public recognized by the Mainland.
(5) A certificate issued by the law firm agreeing to accept the applicant;
(six) to apply for a part-time lawyer's practice, it shall also submit the certificate that the unit agrees to the applicant's part-time job, as well as the experience and certification materials of legal education and research in institutions of higher learning and scientific research.
Article 11 If an examination applicant's application for practicing as a lawyer is accepted, the District Bureau of Justice shall handle it according to the following circumstances:
(1) If the application materials are complete and conform to the statutory form, it shall be accepted;
(2) If the application materials are incomplete or inconsistent with the statutory form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five days from the date of receiving the application materials. If the applicant makes corrections as required, it shall be accepted; Fails to inform, since the date of receipt of the application materials is accepted;
(3) If the application matters obviously do not meet the statutory requirements or the applicant refuses to make corrections or cannot make corrections to the relevant materials, it shall not be accepted, and the reasons shall be explained to the applicant in writing.
Article 12 The district judicial bureau that accepts the application shall complete the examination of the application materials within 20 days from the date of deciding to accept it. If it is necessary to investigate and verify the relevant information, the applicant may be required to provide relevant certification materials.
After examination, it shall issue examination opinions on whether the applicant meets the statutory conditions and whether the submitted materials are true and complete, and submit the examination opinions and all application materials to the Municipal Bureau of Justice.
Thirteenth audit decision The Municipal Bureau of Justice shall, within ten days from the date of receiving the audit opinions and all the application materials submitted by the District Bureau of Justice, make a decision on whether to approve the practice.
If a lawyer is allowed to practice law, a lawyer's practice certificate shall be issued to the applicant within 10 days from the date of decision.
If it is not allowed to practice, it shall explain the reasons in writing to the applicant.
Fourteenth revocation of practice license in any of the following circumstances, the Municipal Bureau of Justice revoked the original decision to grant practice:
(1) The applicant obtains the decision to approve the practice by fraud, bribery or other improper means;
(2) granting practice to an applicant who does not meet the statutory requirements or making a decision on granting practice in violation of legal procedures.
Article 15 Organizational changes
When a lawyer changes his practice institution, he shall submit the following materials to the Judicial Bureau where he intends to change his practice institution:
(a) the certificate issued by the Judicial Bureau of the region (county) where the original practice institution is located that the applicant does not meet the requirements of Article 21 of the Measures for the Administration of Lawyers' Practice;
(2) the certificate of termination of employment or partnership with the original practice institution and completion of business, archives, finance and other handover procedures;
(3) The practicing institution to be changed agrees to accept the applicant's certificate;
(four) the applicant's membership examination materials provided by the Beijing Lawyers Association.
The District Bureau of Justice shall issue an examination opinion within 20 days from the date of receiving the application materials for lawyers to change their practice institutions, and submit them together with all the application materials to the Municipal Bureau of Justice.
The Municipal Bureau of Justice shall, within ten days from the date of receiving the review opinions and all application materials submitted by the District Bureau of Justice, conduct an audit and make a decision on whether to approve the change. If the change is approved, the lawyer's practice certificate shall be renewed for the applicant within ten days from the date of making the decision; If the change is not approved, the reasons shall be explained in writing.
If a lawyer changes his practice institution across a city divided into districts or across provinces, autonomous regions and municipalities directly under the Central Government, he shall provide the filing certificate of the filing service institution with the authority to manage the personnel files of floating personnel within the administrative area of Beijing, and transfer the lawyer's practice files.
Article 16 If it cannot be changed under any of the following circumstances, it shall not apply for changing the practice institution:
(1) A lawyer is punished for stopping practicing or is being investigated and dealt with by a complaint;
(two) the person in charge, partners and lawyers who are directly responsible for the punishment of the law firm being suspended for rectification before the expiration of the time limit;
(three) the law firm should be terminated, and the responsible persons and partners of the law firm have not completed the liquidation and cancellation;
(four) lawyers who are directly responsible for the practice license of the revoked law firm.
Article 17 If a lawyer accredited to a branch office of a law firm is allowed to practice, he shall renew the lawyer's practice certificate of the branch office.
Lawyers stationed in branch offices shall submit the following materials to the local judicial bureau when renewing their practice certificates:
(1) An application for the lawyer of the law firm to enter the branch office;
(2) A certificate of practice experience issued by the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government where the law firm is located (except for branches in the same city).
The examination and approval and renewal period for lawyers stationed in branch offices to renew their practice certificates shall be handled in accordance with the provisions of these Rules on lawyers changing their practice institutions.
Article 18 The renewal or replacement of a lawyer's practice certificate is a valid certificate for a lawyer to be allowed to practice according to law. A lawyer shall properly use and keep the lawyer's practice certificate, and shall not alter, mortgage, lend or lease it. If the practicing certificate is lost or damaged, it shall apply for a replacement or renewal.
To apply for renewal or replacement of lawyer's practice certificate, the law firm shall submit the following materials (except renewal) to the local judicial bureau after publishing a report of loss reporting in a newspaper publicly issued in Beijing or the website designated by the Municipal Judicial Bureau:
(1) an application;
(two) the original newspaper published a statement to report the loss (except redemption);
(3) A copy of the applicant's ID card.
The District Bureau of Justice shall, within five days from the date of accepting the application materials for renewal or replacement of lawyer's practice certificate, conduct a review, and submit the review opinions and all application materials to the Municipal Bureau of Justice.
The Municipal Bureau of Justice shall conduct a review within five days from the date of receiving the review opinions and all application materials submitted by the District Bureau of Justice. Those who agree to apply for renewal or replacement of lawyer's practice certificate shall renew or reissue the lawyer's practice certificate within five days from the date of decision.
Nineteenth lawyer's practice certificate cancellation lawyer in any of the following circumstances, the Municipal Bureau of Justice to recover and cancel the lawyer's practice certificate:
(1) Being punished by revoking the lawyer's practice certificate;
(2) The original decision to grant practice has been revoked according to law;
(three) because I no longer engage in the profession of lawyers and apply for cancellation;
(four) due to the termination of the employment contract with the law firm or the cancellation of the law firm, it has not been employed by another law firm within six months;
(5) termination of lawyer's practice for other reasons.
If a lawyer is dismissed by a law firm or removed from the partnership meeting, the law firm shall report the relevant treatment results to the local judicial bureau and the Lawyers Association for the record.
If a person whose lawyer's practice certificate has been cancelled due to the circumstances mentioned in Items (3), (4) and (5) of the preceding paragraph applies for practicing as a lawyer again, he shall apply for practicing as a lawyer in accordance with the provisions of Article 10 of these Rules.
Article 20 A lawyer whose cancellation is prohibited may not apply for cancellation of his practice certificate while being investigated by judicial organs, judicial administrative organs or lawyers' associations.
Twenty-first because I am no longer engaged in the lawyer profession and apply for cancellation, it shall submit the following materials to the judicial bureau where the law firm is located:
(1) An application for cancellation;
(2) opinions of law firms;
(3) A certificate issued by the Lawyers Association that the applicant has not been placed on file for investigation;
(4) The original lawyer's practice certificate (if the original lawyer's practice certificate is lost, the original loss statement shall be submitted).
The District Bureau of Justice shall issue an examination opinion within ten days from the date of receiving all the application materials for canceling the lawyer's practice certificate, and submit them to the Municipal Bureau of Justice together with all the application materials.
The Municipal Bureau of Justice shall conduct a review within ten days from the date of receiving the review opinions and all application materials submitted by the District Bureau of Justice. If the application for cancellation of lawyer's practice certificate is approved, a cancellation decision shall be made. If you disagree, you should explain the reasons.
If a lawyer has one of the circumstances listed in Item (1), (2), (4) and (5) of Article 19, the Municipal Bureau of Justice will cancel his lawyer's practice certificate according to relevant legal documents.
Chapter IV Supervision and Administration
Article 22 Principles of Practice Lawyers must abide by the Constitution and laws, abide by professional ethics and discipline, obey the professional guidance and supervision of judicial administrative organs, practice in accordance with the law, practice in good faith, standardize their practice, constantly improve their professional level, and safeguard the legitimate rights and interests of clients according to law.
Article 23 Lawyers employed by lawyers' rights law firms have the right to receive remuneration and enjoy social insurance and welfare benefits.
Twenty-fourth full-time practicing lawyers can only practice in one law firm.
Lawyers shall practice full-time during their practice, unless otherwise stipulated by laws and administrative regulations.
When practicing law, a lawyer shall abide by the practice management system of his law firm, accept the guidance and supervision of the law firm, and participate in the annual examination of lawyer practice.
Article 25 Prohibited Provisions and Penalties Lawyers who fall under the circumstances stipulated in Articles 28, 34 to 42 of the Measures for the Administration of Lawyers' Practice by the Ministry of Justice shall be given administrative punishment in accordance with the relevant provisions of Articles 47, 48 and 49 of the Lawyers Law.
Twenty-sixth lawyers' association management lawyers should join the lawyers' association, enjoy the rights stipulated in the articles of association of the lawyers' association, and perform the obligations stipulated in the articles of association of the lawyers' association.
Article 27 The lawyers' professional training, professional ethics, professional discipline education and practice assessment shall be organized and implemented by the lawyers' association.
The lawyers association is responsible for the internship activities and internship assessment of applicants.
Those who reapply for practicing law, change their practice institutions and apply for membership in this Municipality shall accept the training, appraisal and review of their practice experience organized by this Municipality's Lawyers Association.
The new person in charge of the law firm, the partners of the newly established law firm and the new practicing lawyers shall participate in the education and training organized by the Lawyers Association in accordance with the regulations.
Article 28 The division of responsibilities shall, in principle, accept the first complaint against lawyers. The relevant provisions on the acceptance and handling of complaints shall be formulated separately by the Municipal Bureau of Justice.
City and district lawyers' associations should effectively strengthen the self-discipline management of the industry, strengthen the supervision of the lawyer industry, actively investigate and deal with clues about lawyers' violations found through the Internet and other channels, promptly accept and investigate complaints about lawyers' illegal practice, and carry out disciplinary work in strict accordance with industry norms.
Twenty-ninth convergence mechanism to improve the judicial administrative organs and the bar association disciplinary work convergence mechanism. If a lawyer is disciplined by a bar association, it shall report to the judicial administrative organ within 5 working days from the date when the disciplinary action takes effect. If the lawyers' association believes that lawyers should be given administrative punishment for illegal practice according to law, it shall propose in writing to the judicial administrative organ to make corresponding administrative punishment and hand over relevant evidence materials.
Article 30 The municipal and district judicial bureaus shall perform their duties of guidance and supervision of lawyers' associations in accordance with the law, support lawyers' associations to implement industry self-discipline in lawyers' practice activities in accordance with the Lawyers Law, the articles of association and industry norms, and establish and improve a coordination mechanism combining administrative management with industry self-discipline.
Article 31 The municipal and district judicial bureaus shall perform their duties of supervision and guidance on lawyers' practice activities according to law, comprehensively use administrative means such as administrative interviews, administrative inspections, administrative complaints and administrative penalties, standardize lawyers' practice behavior, and protect lawyers' legal practice rights.
Thirty-second suspension measures A lawyer who is subject to criminal compulsory measures because he is suspected of committing a crime shall suspend his position as a lawyer.
Article 33 The District Bureau of Justice shall perform the following duties of supervision and administration:
(a) to inspect and supervise the lawyers' compliance with laws, regulations, rules, professional ethics and practice discipline in their practice activities;
(two) to master the construction and development of lawyers in this administrative region, and to formulate measures and methods to strengthen the construction of lawyers;
(3) Accepting reports and complaints against lawyers;
(four) to supervise the implementation of administrative punishment and rectification by lawyers;
(five) to organize special inspections or special evaluations of lawyers' practice;
(6) Commending lawyers;
(seven) to impose administrative penalties on lawyers' illegal acts according to law. After investigation of administrative punishment, if the lawyer's practice certificate should be revoked according to law, it shall put forward punishment suggestions to the Municipal Bureau of Justice;
(eight) to master the annual assessment of lawyers' practice in law firms, and to supervise and record the assessment results;
(9) Accepting and examining applications for practicing law, changing practice institutions and canceling practice certificates;
(ten) to establish a lawyer's practice file, and to be responsible for the information disclosure of lawyer's practice license, change and cancellation;
(eleven) other duties as prescribed by laws, regulations and rules.
In the process of daily supervision and management, the District Bureau of Justice shall give a warning talk, order correction and supervise rectification if it finds and verifies the problems existing in lawyers' practice activities; If it is considered necessary to give disciplinary action to the industry, it shall be transferred to the Bar Association for handling. If it is found that a lawyer may be subject to administrative punishment, it shall promptly file an investigation and deal with it according to law.
Article 34 The Municipal Bureau of Justice shall perform the following duties of supervision and administration:
(a) to master and evaluate the construction of lawyers and the overall level of practice in this administrative region, formulate lawyers' development plans and related policies, and formulate normative documents to strengthen the management of lawyers' practice;
(two) to supervise and guide the supervision and management of lawyers' practice by the district judicial bureau, and to organize and guide the special inspection or special evaluation of lawyers' practice;
(3) Organizing commendation activities for lawyers;
(four) to revoke the lawyer's practice certificate for serious violations of the law, supervise and guide the administrative punishment work of the district judicial bureau, and handle relevant administrative reconsideration and appeal cases;
(five) to handle the examination and approval of lawyers' practice, the examination and approval of changing their practice institutions and the cancellation of their practice certificates;
(six) responsible for the major information disclosure of lawyers, practice and management affairs within their respective administrative areas;
(seven) other duties as prescribed by laws, regulations and rules.
Article 35 Coordination Mechanism According to the Measures for Punishment of Lawyers and Law Firms of the Ministry of Justice, the judicial administrative organ at the place of registration shall impose administrative punishment on lawyers' illegal acts. If the judicial administrative organ in the place where the act occurs finds that the lawyer is suspected of illegal practice, it shall put forward punishment opinions and suggestions to the judicial administrative organ in the place where it is registered. After receiving opinions and suggestions, the judicial administrative organ at the place of registration shall file an investigation, which is generally completed within 60 days. If the situation is complicated, the processing time limit can be extended by 30 days, and the investigation results will be fed back to the judicial administrative organ where the behavior occurred. If the judicial administrative organ in the place where the act occurred disagrees with the punishment opinion, it shall report it to the judicial administrative organ at a higher level for review. The judicial administrative organ at a higher level shall review the opinions of the judicial administrative organs of the two places and relevant evidence materials, and put forward handling opinions. Disciplinary work involving illegal practice of lawyers across regions shall be implemented with reference to the above provisions.
Article 36 The facts ascertained in the effective judgment of the direct penalty court have gone through strict litigation procedures such as proof and cross-examination, and the judicial administrative organ and the lawyers' association can directly make punishment and industrial disciplinary decisions based on the facts ascertained in the effective judgment of the court, except that there is evidence to the contrary that can be overturned.
If a lawyer is sentenced to punishment for intentional crime, the judicial administrative organ and the bar association may directly revoke the lawyer's practice certificate and cancel his membership according to the effective judgment of the court, and will not pursue it repeatedly.
Article 37 If a lawyer who makes a certificate is punished for stopping his practice, he shall deposit his lawyer's practice certificate with the judicial bureau where his law firm is located from the effective date of the punishment decision to the expiration of the punishment period.
Article 38 If the people's court, the people's procuratorate, the public security organ, the state security organ or other relevant departments feedback the situation and put forward suggestions on punishment or punishment to the judicial administrative organ or the bar association, the judicial administrative organ and the bar association shall notify the organ that made the suggestions within seven days from the date of making the decision.
Article 39 Responsibility Implementation The municipal and district judicial administrative organs and lawyers' associations shall strictly implement the Measures for the Administration of Lawyers' Practice, the Measures for the Administration of Law Firms and the industry norms of lawyers' associations of the Ministry of Justice, earnestly perform their supervisory duties, actively carry out their work, and promptly investigate and deal with illegal acts of lawyers and law firms according to law. The judicial administrative organ at a higher level and the lawyers' association shall supervise and supervise the illegal acts that have great influence or are protracted for a long time. It is necessary to strengthen the special supervision of lawyers' disciplinary work, increase the supervision of complaint handling, and inform the supervision within an appropriate scope. Those who are ineffective in their work, shirking, slacking off, dereliction of duty and dereliction of duty, resulting in adverse social impact, shall be informed criticism; If the circumstances are serious, it is suggested to organize discipline inspection and supervision and personnel departments to investigate the responsibilities of relevant personnel.
Chapter V Supplementary Provisions
Article 40 Except for Chapter IV, the time limit stipulated in these Detailed Rules shall be counted as working days, excluding legal holidays.
Article 41 The Beijing Municipal Bureau of Justice shall be responsible for the interpretation of these Rules.
Article 42 These Detailed Rules shall come into force as of 2065438+2008 10/0.