Law of the People's Republic of China on Lawyers (Revised in 2007)
Law of the People's Republic of China on Lawyers (Revised in 2007)
Law of the People's Republic of China on Lawyers (Revised in 2007)
Order of the President [2007] No. 76
October 28, 2007
The Law of the People's Republic of China on Lawyers, amended and adopted at the 30th Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on October 28, 2007, is hereby promulgated and shall come into effect on June 1, 2008.
President of the People's Republic of China : Hu Jintao
Attachment: Law of the People's Republic of China on Lawyers
(Adopted at the 19th Session of the Standing Committee of the 8th National People's Congress on May 15, 1996, revised pursuant to the Decision on Revising the Law of the People's Republic of China on Lawyers made at the 25th Session of the Standing Committee of the 9th National People's Congress on December 29, 2001, and amended at the 30th Session of the Standing Committee of the 10th National People's Congress on October 28, 2007.)
Table of Contents
Chapter I General Provisions
Chapter II License for Legal Practice by Lawyers
Chapter III Law Firms
Chapter IV Business, Rights and Obligations of Lawyers
Chapter V Lawyers Associations
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to improve the system governing lawyers, to standardize the practice of lawyers, to ensure that lawyers practice according to law, and to enable lawyers to play their role in the development of the socialist legal system.
Article 2 For the purposes of this Law, a lawyer means a professional who has acquired a lawyer's practice certificate pursuant to law, and is authorized or designated to provide the parties with legal services.
A lawyer shall protect the lawful rights and interests of parties, ensure the correct implementation of law, and safeguard fairness and justice of the society.
Article 3 In his legal practice, a lawyer must abide by the Constitution and laws, and strictly observe lawyer's professional ethics as well as discipline governing their legal practice.
In legal practice, a lawyer must base himself on facts and take law as the criterion.
In legal practice, a lawyer shall subject himself to supervision of the State, society and the parties concerned.
The legal practice of lawyers according to law shall be protected by law. No unit or individual shall infringe the lawful rights and interests of lawyers.
Article 4 The judicial administration departments shall supervise and give guidance to lawyers, law firms and lawyers associations in accordance with this Law.
Chapter II License for Legal Practice by Lawyers
Article 5 A person who intends to apply for the legal practice of a lawyer shall meet the following conditions:
1. upholding the Constitution of the People's Republic of China;
2. having passed the unified national judicial examination;
3. having completed a full year's internship at a law firm; and
4. being a person of good character and conduct.
For a person who applies for the legal practice of a lawyer, the lawyer's qualification certificate he obtained before the unified national judicial examination is instituted shall be equally effective as the qualification certificate obtained after passing the unified national judicial examination.
Article 6 A person who intends to practice as a lawyer shall submit an application to the judicial administration department of the people's government of a city divided into districts or of a district of a municipality directly under the Central Government and submit the following documents:
1. the qualification certificate obtained after passing the unified national judicial examination;
2. documents prepared by the lawyers association showing that the applicant has passed the examinations taken upon completion of the internship;
3. the identity certification of the applicant; and
4. documents produced by a law firm showing that it agrees to recruit the applicant.
A person who applies to practice as a part-time lawyer shall, in addition, submit the document certifying that the unit where he works agrees to the applicant practicing as a part-time lawyer.
The department that accepts an application shall complete examination of the application within 20 days from the date it accepts the application and, after examination, submit its opinions and all the application documents to the judicial administration department of a people's government of the province, autonomous region or municipality directly under the Central Government, which shall complete examination and verification within 10 days from the date it receives the documents submitted and make a decision on whether to grant the application. If it decides to grant the application, it shall issue a lawyer's practice certificate to the applicant; otherwise, it shall give the applicant the reasons in writing.
Article 7 Under one of the following conditions, the applicant shall not be issued a lawyer's practice certificate:
1. having no capacity for civil conduct or having limited capacity for civil conduct;
2. having been subjected to criminal punishment, with the exception of a crime of negligence; or
3. having been discharged form public employment or having had his lawyer's practice certificate revoked.
Article 8 A person applying to practice as a full-time lawyer who has acquired an undergraduate education in an institution of higher learning or an education at a higher level, who has worked for at least 15 years in the fields of the profession where persons providing legal service are lacking, or who has a senior professional title or has attained an equivalent professional level and acquired the necessary legal knowledge of the profession shall be subject to appraisal by the judicial administration department under the State Council before obtaining its approval. The specific measures therefor shall be formulated by the State Council.
Article 9 Under one of the following circumstances, the judicial administration department of the people's government of a province, autonomous region or municipality under the Central Government shall reverse the decision on granting the application for practicing as a lawyer and revoke the lawyer's practice certificate of the person whose application for legal practice is granted:
1.
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