Minimum educational requirements for lawyers
Minimum educational requirements for lawyers. With the rapid development of the economy and the large-scale expansion of enterprises, more and more enterprises need consulting lawyers. Lawyers are now It is a relatively respected profession in today's society. Becoming a lawyer is what many people dream of. Let's take a look at the minimum academic requirements for lawyers. Minimum educational requirements for lawyers 1
To apply for the lawyer qualification certificate, you need to have a full-time undergraduate degree in law from a regular institution of higher learning and obtain a bachelor's degree or above; a full-time undergraduate degree or above in non-laws from a regular institution of higher learning, and obtain Master of Laws, Master of Laws or above; bachelor's degree or above in non-laws from a full-time general institution of higher learning and a corresponding degree, and have been engaged in legal work for three years or more.
Registration conditions
(1) Have the nationality of the People’s Republic of China;
(2) Support the Constitution of the People’s Republic of China and enjoy The right to vote and be elected;
(3) Have good political and professional qualities and moral conduct;
(4) Have full capacity for civil conduct;
( 5) Have a full-time undergraduate degree in law from a general institution of higher learning and obtain a bachelor's degree or above; a full-time general institution of higher education without a bachelor's degree in law or above, and obtain a master's degree in law, a master's degree in law or above; a full-time general institution of higher education without a law degree Applicants must have a bachelor's degree or above and obtain a corresponding degree and have been engaged in legal work for three years or more.
Qualification certificate
Beginning in 2008, senior students in school can use their school academic certificates to take the national unified judicial examination held by the state in the first semester of their senior year and receive their diploma the following year. Senior students who pass the judicial examination can apply for a lawyer's qualification certificate and internship certificate. After passing the judicial examination and practicing in a law firm for one year, they can apply for a lawyer's practicing certificate. The national average passing rate was 6.68 in 2002, 8.75 in 2003, 11.22 in 2004, and slightly improved to 14.39 in 2005.
The Personnel Bureau determines the number of Chinese lawyers based on their working years. First, you get a professional qualification certificate. After one year of internship, you get a practicing qualification. certificate. Divided into three levels ABC. Certificate A is for a bachelor's degree (any major, except for party school undergraduate degrees) and has passed the national line; Certificate B is for a legal associate degree and has passed the national line; Certificate C is for a legal associate degree and has passed the national line; Certificate C is for a legal associate degree and passed the national line (poverty-stricken counties and minority areas) line. Certificate A can be used nationwide, and certificates B and C can be used locally. If you have only obtained a B certificate or C certificate, but want to practice nationwide, you can first obtain a bachelor's degree through self-study examination (not in school) or adult examination (in school), and then retake the judicial examination and pass the national line.
Lawyer levels are divided into first, second, third and fourth levels. First-level lawyers are senior lawyers, second-level lawyers are deputy senior lawyers, third-level lawyers are mid-level lawyers and fourth-level lawyers are junior lawyers. Lawyers, in principle, need a foreign language proficiency test, but if you are a key professional, you can be exempted from the foreign language test. A lawyer's professional ability should be evaluated by the parties themselves, but in practice, a lawyer's professional title is determined by the Personnel Bureau based on the lawyer's working years. Minimum educational requirements for lawyers 2
1. What are the quality requirements for criminal defense lawyers?
First of all, they must have comprehensive legal knowledge, have defense ability, and have strong language and logical thinking skills. The most basic quality is to defend the parties' requests if they can and to protect the legitimate rights and interests of the parties without violating the law. Criminal defense lawyers represent citizens' checks and balances on public power, and bear the sacred mission of protecting innocent people from legal prosecution. The profession of defense lawyers is extremely challenging and confrontational.
Only good defense can provide good protection:
Good defense is the foundation of lawyers. Defense is the core, protection is the purpose, eloquence is the strength, and protection is the goal. Lawyers must understand that defense The content of the defense is more important than the form of the defense. The first step for a defense lawyer is to deal with the investigative agencies, and handling this relationship well is also a prerequisite for defense lawyers. There is a huge disparity in status between the investigating agency and the defense lawyer, which makes lawyers reluctant to engage in defense work for fear of taking risks
However, if we correctly view the relationship between the two in different ways and achieve the same goal according to the law, and dare to defend, Only those who are good at using legal knowledge to protect the legitimate rights and interests of the parties can achieve their goals. I believe that the investigating agency will provide certain cooperation. Because the determination of the facts of a case is not the right of power. Whoever accurately determines the facts of a case and has sufficient factual evidence and legal basis is powerful. We must realize that power does not mean strength. In terms of their working relationship, they are all members of the legal profession, and they work together to safeguard the correct implementation of national laws. There is no superiority or inferiority between the two.
Being fully prepared before trial is a good start for victory. Behind every wonderful debate there are lawyers’ little-known hardships, careful preparation before trial, successful evidence and evidence during trial investigation. Cross-examination is an indispensable condition for winning court arguments. Pre-trial review, interviews, case analysis, verification, grasp the key points of the case, grasp the whole case, avoid any omissions, and prevent major mistakes. Pre-trial preparations must be prepared from both business and theory You must also be mentally prepared.
A strong foundation in legal theory is particularly important, and rich experience in case handling is indispensable. You cannot be satisfied with understanding the legal provisions, otherwise you will not be successful in your defense. To master the tacit understanding between theory and practice, it does not matter if the theoretical level is insufficient. Failure to provide theoretical basis to support one's own views in court debates is not only a pity but also a dereliction of duty.
If a wrong judgment is made when analyzing the case, and the intentional injury is mistakenly judged as legitimate defense, an unsuccessful defense point of view will be established. If evidence errors and problems are not discovered in a timely manner during cross-examination, and when debates are conducted, the defense statements prepared in advance must be read carefully, and major mistakes may often occur.
Only with a profound foundation in legal theory coupled with rich knowledge and experience can defense be reliably guaranteed. Lawyers handle cases involving all aspects, including human life matters, property matters, and technical matters. The grudges and resentments are unimaginable. No profession can cover a wider range of fields than lawyers. Therefore, lawyers must have extensive knowledge and be able to deal with complex and changeable situations. Questions show super high analysis and judgment ability. Without careful preparation, it will be difficult to achieve the expected goals.
Court debate is different from lectures. Court debate is interactive, two-way, targeted, professional, and systematic. It is difficult to convince the court with empty theories, let alone get to the point. , but clever arguments lacking theoretical support also seem feeble. An excellent theorist may not be qualified for the duty of court debate, nor can an eloquent speaker achieve good results. Court debate is a combination of theory and debate, a combination of theory and practice, so to become a successful Defense lawyers must have an organic combination of theory and practice.
Logical thinking is the key factor to win. We all realize that in many cases, the same point of view has different effects with different expression methods and levels. The power of logical thinking is very critical. Accurate argumentation, clear layers, rigorous structure, and interlocking links are indispensable in debates. A moving and wonderful debate can best display the lawyer's style first of all with logic and secondly with words.
Responsibility and legal principles:
Debate is not only a science, but also an art, and it is also a responsibility. The success of the debate not only reflects the lawyer's own level and Image, but also involves the vital interests of the client. Court debate is a combination of the lawyer's comprehensive level and sense of responsibility, and the pursuit is the unity of the level of debate and the actual effect.
There are many factors for lawyers to debate, such as the facts of the case, the severity of the sentence, the degree of punishment, the application of penalty types, etc. During this period, the lawyer’s level, work preparation, and case handling experience are all important. Lawyers must have a correct understanding of the court. Debate and overall tone direction.
Advantages of cross-examination and defense:
Among criminal defense lawyers, the prosecution presents evidence and the defense cross-examines the evidence. The prosecution is always on the offensive, and the defense is on the defensive after mastering the evidence. The law stipulates that the prosecution's burden of proof must ensure that the evidence is authentic, legal, and relevant. This puts a lot of pressure on the prosecution. Defense lawyers can win as long as they break the evidence, and break the chain of the prosecution's evidence to cause failure. In the past, some people misunderstood the burden of proof in criminal defense.
It was wrong to think that the defendant had to provide evidence of innocence if he claimed innocence, and the burden of proof was reversed. This understanding is wrong. Under normal circumstances, the prosecution must present evidence, but in defense cases, the defense must present evidence. This is an exception. If the lawyer wants to believe that it is legitimate defense, he must provide evidence that the defense is established.
Defense is the method and defense is the goal:
The focus and purpose of the court debate should be consistent. It should pay attention to explaining things with reason, moving things with emotion, and being well-founded. It is very important not to attack the other party, and lawyers must understand this. Lawyers in civil cases also need to come up with a correct legal method to solve the problem, instead of suppressing and attacking the other party, and not defending for the sake of defending. They should come up with methods and ideas to resolve the problem.
Some lawyers are complacent in defeating the other party and refuting the other party until they have nothing to say. In fact, this is incorrect. What matters is the result, whether the judge can adopt it. All this must be based on evidence, cross-examination, and dialectics. The purpose of the lawyer is to make people accept your point of view. Court debate is not a performance, but to investigate the actual effect. This concept Can't change.
The establishment of topics in court debates, the development and adjustment of debate content, and the selection and application of debate methods and techniques must not deviate from the purpose of court debates. This is the primary condition for the success of court debates. On this basis Only above this can court debate skills be effectively brought into play.
The debate must stick to the center and directly attack the opponent's point of view. It cannot deviate from the topic, form a system of its own, and cannot be inconsistent or fragmented. Both the prosecution and the defense spoke endlessly, but could not find a point of confrontation. They seemed to be speaking separately. This lack of pertinence cannot be called an effective debate. The listener was confused, and the judge was also confused. At the same time, he also prevented you from making baseless arguments about the matter. It sounded like a war of words. It was a quarrel-style debate, and it was difficult for even a smart judge to make a judgment.
Legal language and French sentences are inseparable:
The language characteristics of court debates. The effect pursued by court debates is that their opinions are adopted by the judge, rather than a level of recognition. Court debates The problem to be solved is how to understand the facts of the case and how to apply the law. Therefore, the correct use of legal language and French is a basic requirement for lawyers. Some people advocate using vernacular debate. This phenomenon is due to the fact that lawyers are in the incomplete stage of building the rule of law. What was adopted under the law should be changed now, otherwise there will be no difference between lawyers and clients.
Reasoning and debate should focus on expressing one's own opinions. A wonderful debate may not be accepted by the other party or the audience. Success can only be achieved if the level and skills of the debate are affirmed. The judgment of the audience or parties It is the debater’s level or style, but court debates hope that the court will adopt one’s point of view
Style and level only serve to achieve this goal, so court debates must have strong reasoning and at the same time It also needs to be utilitarian to a certain extent to convince the judge at trial. For this purpose, the focus of court debate language should be on how to argue your case to the court, not on showing talent or being original.
Evidential basis, legal basis, and theoretical basis are all elements that support a point of view. Court debates only require sufficient basis. This is because the judge’s judgment and ruling power can only be established within the scope of legal provisions and cannot be separated from the scope of the law. Arguments of legal basis cannot and will not be entertained even if they are well-founded.
The high-argument reasoning sounds like a novel and may move people's hearts, but it is not based on legal basis. This kind of purely sensational debate is obviously not advisable in today's courts.
Don’t lose your bearing and style:
The lawyer’s bearing and style of debating will affect the atmosphere of the courtroom. It is common for the prosecution and defense to have a tense atmosphere. In fact, this situation may not necessarily lead to the final outcome. Best results. Debates in the early years were often conflicting, confrontational, and emotionally charged, and the hostility increased, creating an unfavorable situation.
Today’s debate should be rational, normalized, peaceful and proactive, polite, harmonious and friendly. The change of court style is an important topic. Some lawyers’ full reasoning and calm attitude without losing their grace not only won the Winning the praise of the court and the public, and also gaining the admiration of the prosecution, this style enhances the persuasiveness of the argument.
Court debate skills should start from grasping the key points and highlighting the key points. Court debate is not about blocking the other party's mouth, it is not a melee, and it is not about covering everything and not giving in to each other. Each party attempts to explain his or her point of view as comprehensively as possible. , worried that one’s own point of view will be omitted and the other party will have the upper hand. This kind of psychological thinking is understandable, but the method is not clever enough, and the arguments in the debate are convincing
No matter how complicated the case is, it only matters about conviction and sentencing. Conduct in-depth analysis and demonstration on decisive issues. Trying to be comprehensive will dilute the theme, and refutation of arguments may not necessarily be persuasive. Skilled lawyers usually don't care how many specific questions the other party raises, but are good at summarizing these issues in a short period of time, grasping the key points, not correcting minor issues, and avoiding passive questions
Use this method Only in this way can we take the initiative in the face of crisis. Discover and exploit contradictions, look for the other party's flaws, pay attention to strategies, explain things in simple terms, and simplify complex issues, often with obvious results. You must know that the court is neither a forum nor an academic forum. Don't just preach and deviate from the end goal. Minimum educational requirements for lawyers 3
Requirements for lawyers
Legal analysis: To apply to practice as a lawyer, you must meet the following conditions: support the Constitution of the People's Republic of China; pass the National Unified Judicial Examination ; Internship in a law firm for at least one year; good conduct. The lawyer qualification certificate obtained before the implementation of the National Unified Judicial Examination has the same effect as the National Unified Judicial Examination certificate when applying for lawyer practice.
Legal basis: "Lawyers Law of the People's Republic of China"
Article 5 To apply to practice law, one must meet the following conditions:
(1) Support the Constitution of the People's Republic of China;
(2) Pass the National Unified Judicial Examination;
(3) Intern in a law firm for one year;
(4) Good conduct. The lawyer qualification certificate obtained before the implementation of the National Unified Judicial Examination has the same effect as the National Unified Judicial Examination certificate when applying for lawyer practice.
Article 6 To apply for practicing law, an application should be made to the judicial administrative department of the district people’s government of a city divided into districts or a municipality directly under the Central Government, and the following materials should be submitted:
(1) Certificate of passing the National Unified Judicial Examination;
(2) Materials issued by the Bar Association indicating that the applicant has passed the internship assessment;
(3) Proof of identity of the applicant;
(4) A certificate issued by the law firm agreeing to accept the applicant. If you apply for part-time lawyer practice, you must also submit proof that your employer agrees to the applicant's part-time practice as a lawyer.
The department that accepts the application shall review it within 20 days from the date of acceptance, and submit the review opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government. The judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall review the submitted materials within ten days from the date of receipt and make a decision on whether to allow practice. If the applicant is allowed to practice law, a lawyer's practicing certificate will be issued to the applicant; if the applicant is not allowed to practice law, the applicant will be given a written explanation of the reasons.