Instructions for applying for lawyer qualification (Trial)
1. Grant by passing the examination
Article 1: Persons who meet the registration conditions for the lawyer qualification examination and pass the lawyer qualification examination , you can apply to be granted lawyer qualification.
Article 2 Persons who have passed the lawyer qualification examination shall declare their lawyer qualifications to the original city or county justice bureau within the specified time.
Article 3: Lawyer qualification will not be granted if one of the following circumstances occurs:
(1) No capacity for civil conduct or limited capacity for civil conduct;
( 2) Those who have been criminally punished, except for negligent crimes;
(3) Those who have been dismissed from public office;
(4) Those who have been disqualified as lawyers or have their lawyer's practicing license revoked ;
(5) Others not suitable for granting lawyer qualifications.
Article 4 To apply for lawyer qualification, one must fill out the "Lawyer Qualification Approval Report" and submit the following materials:
(1) Notification of lawyer qualification examination results;
< p>(2) Copy of ID card;(3) Copy of proof of college degree or above in law major from a college or university or bachelor degree or above in other majors;
(4) Recent 1 Two bareheaded photos.
If a copy is required, the original should be presented at the time of declaration.
Article 5 The municipal and county judicial bureaus shall review the materials submitted by applicants in the previous year, sign the review opinions on the copy of the review and approval report, stamp the official seal, and submit the application materials and applicant list It will also be submitted to the Municipal Justice Bureau for approval.
Article 6 The Municipal Justice Bureau shall send the list of approvals to the Municipal and County Justice Bureaus within 65,438+00 days from the date of receipt of the Ministry of Justice’s approval for granting lawyer qualifications. The Municipal and County Justice Bureaus shall The applicant will be notified within 7 days from the date of receipt of the approval list issued by the Municipal Justice Bureau.
Article 7 After receiving the "Notice for Obtaining the Lawyer Qualification Certificate", the applicant shall, within the time specified in the notice, go to the Lawyer Management Department of the Municipal Justice Bureau with his or her ID card to obtain the lawyer qualification certificate. If someone entrusts another person to collect the money on his or her behalf, the person collecting the money should present his/her physical certificate, the identity card of the entrusting party and the power of attorney.
Article 8 Anyone who conceals the true situation during application or forges certification materials to obtain lawyer qualification will, upon verification, revoke the decision to grant him lawyer qualification according to the original application procedure and withdraw his lawyer qualification certificate.
Second, awarded through examination
Article 9: Citizens of the People's Republic of China support the Constitution of the People's Republic of China, have good conduct, are in good health, are under the age of sixty-five, and have a higher education qualification If you have a bachelor's degree in law or above, can work as a full-time lawyer after obtaining the qualification, and meet one of the following conditions, you can apply for the examination to be granted lawyer qualifications:
(1) In a higher law school (department) or law school Research institutions are engaged in legal education or research, and have obtained senior professional titles;
(2) Have a master's degree in law or above, have more than 3 years of legal experience or work in a law firm for more than 1 year;
(3) Personnel with other senior professional and technical titles or equivalent professional levels may be granted lawyer qualifications.
Article 10 No lawyer shall be granted qualifications under any of the following circumstances:
(1) Having been criminally punished but committing a negligent crime;
(2) ) have been dismissed from public office or have had their lawyer's practicing license revoked;
(3) Those who have no capacity for civil conduct or have limited capacity for civil conduct;
(4) Others who are not suitable for practicing law personnel.
Article 11 To apply to obtain lawyer qualifications through examination, one must fill out the "Application Form for Lawyer Qualification Approval of the People's Republic of China" and submit the following materials;
(1) Where the applicant is located or Application letter from the law firm to be transferred;
(2) Application in person;
(3) Certificate of undergraduate degree or above in law from a higher education institution (copy);
(4) Proof that the applicant’s personnel files are kept in judicial administrative agencies or talent exchange centers;
(5) The employment agreement signed by the applicant and the law firm where he or she works or plans to transfer, Or the law firm’s written decision to accept the applicant as a partner;
(6) The applicant’s medical certificate issued by a hospital at or above the county level;
(7) A copy of the applicant’s ID card
In addition to the above materials, those who meet the conditions of Article 9 Paragraph 1 should also submit:
(1) Copy of senior professional title certificate;
(2) Certificate issued by a unit engaged in legal education or research;
Persons who meet the requirements of Article 9, paragraph 2, shall submit:
(1) Law students of colleges and universities Copy of master's degree certificate or above;
(2) Proof that the applicant has engaged in legal work for more than 3 years issued by the applicant's original workplace or certificate issued by the judicial bureau in charge of the applicant's law firm that the applicant is a lawyer Proof of working in the office for more than 1 year.
Applicants who have obtained a master's degree in law or above from abroad should submit:
(1) An accurate Chinese translation of the degree certificate certified by a notary authority in my country that is consistent with the original, or Certificates issued by Chinese embassies and consulates abroad and other institutions authorized by the Ministry of Foreign Affairs of the People’s Republic of my country;
(2) Certificates of the applicant’s return to the country issued by Chinese embassies and consulates abroad and other institutions authorized by the Ministry of Foreign Affairs of the People’s Republic of my country. If a copy is required, the original must also be presented at the same time.
Article 12 To apply to obtain lawyer qualifications through examination, the applicant shall submit application materials to the competent judicial bureau of the law firm where he or she works or plans to transfer.
Article 13 Municipal and county judicial bureaus shall review application materials in accordance with relevant regulations. If the conditions are met, the director shall sign the "Application Form for Approval of the Assessment and Grant of Lawyer Qualifications" and stamp it with the official seal of the municipal or county justice bureau, and submit it to the municipal justice bureau for review; if the conditions are not met, the application materials shall be returned to the applicant according to the original application procedure.
Article 14 If the Municipal Justice Bureau deems that the application meets the requirements after review, it will be submitted to the Lawyer Qualification Examination Committee of the Ministry of Justice for approval; if the application does not meet the requirements, the materials will be returned to the applicant according to the original application procedure.
Article 15: After review by the Lawyer Qualification Examination Committee of the Ministry of Justice, if it is deemed that the applicant basically meets the conditions for the qualification to be awarded a lawyer by the examination, the applicant and the law firm where he or she works or plans to transfer shall fill in the "Examination Grant" Supplementary Approval Form for Lawyer Qualifications.
Article 16 After receiving the decision of the Lawyer Qualification Examination Committee of the Ministry of Justice to grant lawyer qualification, the Municipal Justice Bureau shall directly notify the applicant to obtain the lawyer qualification certificate within 7 days.
After obtaining the lawyer's qualification, the applicant shall apply for a lawyer's practice license in accordance with the prescribed procedures and engage in full-time lawyer work.
Article 17: If a person who has obtained lawyer qualifications through examination has any of the following circumstances, the judicial administrative departments at all levels shall report to the Ministry of Justice step by step, and the Ministry of Justice will review and make a decision to revoke his lawyer qualifications. , and withdraw his lawyer qualification certificate:
(1) Forging or altering certification materials to deceive lawyers;
(2) Concealing personal experience of being punished or punished for violating laws and disciplines ;
(3) Not engaging in full-time lawyer work.
Article 18 Whereas the Lawyer Qualification Examination Committee of the Ministry of Justice convenes meetings in June and February every year to review materials submitted by various localities. The justice departments (bureaus) of provinces, autonomous regions, and municipalities directly under the Central Government should submit application materials in March and September every year. The judicial bureaus of all cities and counties should submit application materials to the judicial bureaus before February 10 and August 10 each year.