Different legal basis; Different ranges; The acquisition conditions are different.
1, the legal basis for employment is different. Lawyers conduct their business in accordance with the Lawyers Law. Legal workers are engaged in legal services in accordance with the Measures for the Administration of Grassroots Legal Service Offices issued by the Ministry of Justice.
2. The scope of legal services is different. China's criminal procedure law stipulates that lawyers can be entrusted as defenders, but legal workers do not have this right.
3. The conditions for obtaining professional qualifications are different. According to the Lawyers Law, a lawyer should obtain a lawyer's qualification and a lawyer's practice certificate. To qualify as a lawyer, you must pass the national unified judicial examination.
Legal practitioners are required to have high school or technical secondary school education. Since 2000, the Ministry of Justice has organized a unified qualification examination.
4. Practice units are different. A lawyer should practice in a law firm, and legal service workers can only apply for a practice license after obtaining the practice qualification.
The differences between lawyers and legal workers include different laws and regulations, different practice requirements and standards, and different service ranges. Legal workers refer to those who have not passed the national judicial examination, but have legal knowledge and can engage in litigation agency business. Legal workers are managed by the Ministry of Justice, who issue qualification certificates and practice certificates, and participate in legal services such as agency, litigation and case investigation according to relevant laws. Legal service workers do not have the status of lawyers, and may not undertake business, conduct case investigation or represent litigation in the name of lawyers. A lawyer refers to a person who is entrusted or assigned to provide legal services such as litigation agency or defense business for the parties. Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice. What are the requirements for becoming a lawyer? To become a lawyer, we must first support the people of China and the Constitution of China. Secondly, you must pass the national unified legal professional qualification examination to obtain legal professional qualification and practice in a law firm for one year. After meeting the above conditions, apply to the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and submit the following materials:
1. National unified legal professional qualification certificate;
2. Materials issued by the Lawyers Association that the applicant has passed the internship examination;
3. The identity certificate of the applicant;
4. A certificate issued by the law firm agreeing to accept the applicant. The department that accepts the application shall review it within 20 days from the date of acceptance and submit it to the relevant departments.
It can be seen that there is still a big difference between lawyers and lawyers.
To sum up, the difference between lawyer's license and lawyer's practice license lies in the different legal basis and the different scope of legal service practice; The conditions for obtaining professional qualifications are different.
Legal basis:
People's Republic of China (PRC) Lawyers Law
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The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's professional certificate according to law and provides legal services to the society.
Measures for the administration of grassroots legal service workers
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Grass-roots legal workers are those who practice in grass-roots legal services and provide legal services to the society.