Standing Committee Of The National People's Congress On Revising The People's Republic Of China Lawyer Law Decision

Original Language Title: 全国人民代表大会常务委员会关于修改《中华人民共和国律师法》的决定

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Standing Committee of the national people's Congress on revising the People's Republic of China lawyer law decision

(October 26, 2012 the 29th meeting of the Standing Committee of the 11th NPC on October 26, 2012 People's Republic of China President to 64th release since January 1, 2013) the 29th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China Law on lawyers as follows:

First, the 28th article is revised as follows: "for criminal cases, the defendant's delegate or accept legal aid agency assigned as a defender, received private prosecution cases of private prosecution, the delegate or his close relatives of the victims in public prosecution cases to act as agent, to participate in the proceedings". Second, the 31st is revised as follows: "lawyer defense, should be based on facts and law, presented, the defendant was guilty, minor or mitigated, is exempted from criminal materials and advice, maintenance, the defendant's litigation rights and other legitimate rights and interests.

” Third, the 33rd article is revised as follows: "lawyers serve as counsel, is entitled to a lawyer's practice certificate, proof of law firm and a power of attorney or letter of legal aid, in accordance with the provisions of the criminal procedure law with custody or a criminal suspect or defendant under residential surveillance. When defence counsel meet with criminal suspects and defendants not to be listening.

” Four, the 34th article is revised as follows: "lawyer defense, since the date of the people's Procuratorate for examination and prosecution of the case, to access, extract, copy the dossier of the case.

” Five, the 37th article modified as follows: "lawyers are involved in the lawsuit alleged crime, investigation organ shall promptly notify their law firms or their subordinate's lawyers association is lawfully detained, arrested, the investigation authority shall, in accordance with the provisions of the criminal procedure law to notify the families of lawyers.

” Six, the 38th article modified as follows: "lawyers practice in knowledge of clients and other people's reluctance to reveal the circumstances and the information should be kept confidential. However, clients or other people or is against national security, public safety, and seriously endangering the safety of others except the criminal facts and information.



This decision shall enter into force on January 1, 2013.

People's Republic of China Law on lawyers in accordance with this decision be revised and republished. Attachment: People's Republic of China Law (amended in 2012) (May 15, 1996 session of the 19th meeting of the Standing Committee of national people's Congress on May 15, 1996, People's Republic of China President to 67th, published on December 29, 2001, the 25th meeting of the Standing Committee of the ninth of December 29, 2001 People's Republic of China President to 65th, published since January 1, 2002 Standing Committee of the national people's Congress to amend People's Republic of China Law amended October 28, 2007 for the first time awarded the decision adopted at the 30th meeting of the second session of the national people's Congress Standing Committee revised October 28, 2007 People's Republic of China President to 76th, published since June 1, 2008 October 26, 2012, the 29th meeting of the Standing Committee of the 11th NPC, through

October 26, 2012 People's Republic of China promulgated as of January 1, 2013, 64th President of the Standing Committee of the national people's Congress to amend of People's Republic of China law, the decision of the third amendment)

Directory

Chapter I General provisions

Chapter solicitors license

Chapter law firm

Fourth chapter law business, rights and obligations

The fifth chapter Bar Association

The sixth chapter legal liability

The seventh chapter by-laws chapter I General provisions

First in order to improve the system of lawyers, regulate lawyers, assuring that lawyers practise according to law, and play the role of lawyers in the Socialist legal system, this law is enacted.

Referred to in article II of this law lawyer, refers to the lawyer's practice certificate shall acquire, accept the Commission specify, for the parties to provide legal services practitioner.

Law shall safeguard the legitimate rights and interests of the parties, correct implementation of the law, and safeguard social fairness and justice.

Third lawyer must abide by the Constitution and the laws, abide by the lawyers ' professional ethics and practice discipline.

Solicitors ' practice should be based on facts and take law as the criterion.

Lawyers shall be subject to the supervision of the State, society and the parties.

Lawyers practise according to law are protected by law, and no organization or individual shall not infringe upon the legitimate rights and interests of lawyers.

Article IV judicial administrative departments in accordance with this law for lawyers, law firms and bar associations to supervise and guide.

Chapter solicitors license

Section fifth for the lawyers, subject to the following conditions:

(A) support People's Republic of China Constitution;

(B) through the national unified judicial examination;

(C) internship in a law Office for less than a year;

(D) of good moral character.

Obtained before the national unified judicial examination of the lawyer's qualification certificate, at the time of application for the lawyers, with the national unified judicial examination certificate shall have the same effect.

Article sixth lawyer, districts should be city or district people's Government of the municipality directly under the administration of Justice Department application, and submit the following materials:

(A) the national unified judicial examination certificate;

(B) practice examination of material of the applicant issued by the Bar Association;

(C) identification of the applicant;

(D) agree to receive proof of the applicant issued by the law firm.

Apply for a part-time lawyer, agreed with the applicant shall also submit the unit proof of part-time jobs in the legal profession. Departments shall, from the date of acceptance of the applications reviewed in the 20th, and will review the comments and submit all application materials of provinces, autonomous regions, or municipalities directly under the administration of justice sector. The provinces, autonomous regions and municipalities of judicial administrative departments shall from the date of receipt of the submission materials examined in the 10th, the decision whether to approve the practice.

Admission to practice, lawyer's practice certificate issued to the applicant; not to practise, state the reason in writing to the applicant.

Article the applicant has any of the following circumstances, lawyer's practice certificate shall not be issued:

(A) the legal capacity or with limited capacity for civil conduct;

(B) criminal punishment, but criminal negligence are excluded;

(C) being dismissed by the lawyer's practice certificate revoked. Article having a university degree, in the shortage of personnel engaged in professional work in the field of legal services for 15 years, with senior professional titles or equivalent professional level and staff with the appropriate professional knowledge of the law, applications for full-time lawyers, by the Department of judicial administration under the State Council examination, admission to practice.

Specific measures shall be formulated by the State Council.

Nineth under any of the following circumstances, by provinces, autonomous regions, or municipalities directly under the administration of Justice Department decisions of withdrawal of admission to practice, practitioner and log off been granted lawyer's practice certificate:

(A) applicants for fraud, bribery or other improper means to obtain a lawyer's practice certificate;

(B) does not meet the conditions specified in this law the applicant's admission to practice. Article tenth lawyers practise in only one law firm.

Lawyers practise changing bodies, lawyer's practice certificate shall apply for renewal.

Lawyers without geographical limits.

11th civil servants shall not concurrently practise as a lawyer.

Lawyers at all levels of the component members of the Standing Committee of the national people's Congress, and shall not act as agent or defender during his tenure.

12th in the institutions of higher learning and scientific research institutions engaged in legal education, research staff, in line with the conditions specified in this law article fifth, agreed by the Organization, in accordance with the procedures laid down in article sixth of this law may apply for part-time lawyers.

13th personnel without a lawyer's practice certificate shall on behalf of the lawyers in the legal services business; unless otherwise prescribed by law, shall not act as agent ad litem or defend businesses.

Chapter law firm 14th law firm of lawyers practising body.

A law firm shall meet the following requirements:

(A) has its own name, domicile and articles of Association;

(B) is consistent with the provisions of this law lawyers;

(C) the establishment shall be solicitors with a certain experience and three years without stopping penalty of practicing lawyers;

(D) the assets are up to the amount specified by the Department of judicial administration under the State Council.

15th established partnership law firm, and in addition shall comply with the conditions provided for in this law 14th, also should have at least three partners, establishment of people should be three years or more experience of practicing lawyers. Partnership law firms can adopt general partnership or special forms of general partnership established.

Partnership according to the partnership, a partner in a law firm form shall bear responsibility for the firm's debts. 16th an individual law firm, and in addition shall comply with the conditions provided for in this law 14th, establishment of people should also be more than five years experience of practicing lawyers.

Set up people to assume unlimited liability for the debts of the law firm.

17th an application for establishing a law firm shall submit the following materials:

(A) the application;

(B) the name, articles of the law firm;

(C) the lists of lawyers, resume, proof of identity, a lawyer's practice certificate;

(D) the domicile certificate;

(V) assets.

Establishment of partnership law firms, should also be submitted to the partnership agreement. 18th established law firm, districts should be city or district people's Government of the municipality directly under the administration of Justice Department application, departments shall, from the date of acceptance of the applications reviewed in the 20th, and will review the comments and submit all application materials of provinces, autonomous regions, or municipalities directly under the administration of justice sector. The provinces, autonomous regions, or municipalities directly under the administration of justice departments shall from the date of receipt of the submission materials in the 10th to audit, whether to approve the decision to establish the.

Grant established by the law firm the certificate issued to the applicant; disapproving the setting up of, and reasons to the applicant in writing. Article 19th established more than three years and has more than 20 lawyers partnership law firms can establish branch offices. Establish branch offices, subject to the proposed location of provinces, autonomous regions, or municipalities directly under the administration of Justice Department approval.

Applying for establishing a branch in accordance with the procedures provided for in this law article 18th.

Partnership law firms held accountable for their debts.

20th State-funded law firms shall independently carry out lawyer, with all of the firm's assets to its liability.
21st law firm changes name, person in charge, of the articles of Association, partnership agreements, shall be submitted to the approval of audit departments.

Partner of law firm changes its domicile, shall from the date of change in the 15th reported to the original audit departments for the record.

22nd law firm has one of the following circumstances shall be terminated:

(A) the statutory requirements are not maintained, after rectification still does not meet the criteria;

(B) the law firm the certificate be revoked;

(C) decide to dissolve;

(D) other circumstances as stipulated by laws and administrative regulations shall be terminated.

Law firm is terminated, by issuing practising certificates Department of to remove the law firm practising certificates.

23rd a law firm shall establish and improve practice management, conflict of interest review, charges and financial management, complaint investigation, annual examination and file management system for lawyers in practice comply with professional ethics and practice discipline of monitoring.

24th a law firm shall, after each annual assessment, district municipal or district people's Government of the municipality directly under the administration of Justice submitted the annual practice of reporting and the lawyers ' examination results.

25th lawyers business centrally by the law firm commissioned to enter into a written contract with the client, collect fees according to state regulations and truthfully recorded.

Law firms and lawyers should pay taxes according to law.

Article 26th law firms and lawyers shall not denigrate other law firms, lawyers or paying middleman's fees or other improper means to contract business.

Of the 27th legal services law firm shall not engage in business activities.

Fourth chapter law business, rights and obligations

28th attorney may engage in the following businesses:

(A) the delegate acceptance of natural persons, legal persons or other organizations, as the legal adviser;

(B) the delegate acceptance of civil and administrative cases to act as agent, to participate in the proceedings;

(C) accept the criminal case, the defendant's delegate or accept legal aid agency assigned as a defender, received private prosecution cases of private prosecution, the delegate or his close relatives of the victims in public prosecution cases to act as agent, to participate in the proceedings;

(D) the commissioned agent complaints in all types of litigation;

(E) authorized to participate in the mediation or arbitration;

(F) authorized to provide non-litigation legal services;

(VII) answer proceedings relating to legal inquiries, writing instruments and other instruments relating to legal services.

29th a lawyer acting as legal counsel, shall, in accordance with the contract for advising clients on legal matters, drafting, review legal documents, agents participate in litigation, mediation, or arbitration activities, entrust other legal matters, maintaining the lawful rights and interests of the client.

Article 30th lawyer acting as attorneys or non-lawsuit legal matters, should be within delegated authority, maintaining the lawful rights and interests of the client.

31st a lawyer acting as counsel, should be based on facts and law, presented, the defendant was guilty, minor or mitigated, is exempted from criminal materials and advice, maintenance, the defendant's litigation rights and other legitimate rights and interests.

32nd trustee can refuse to have the lawyer to be further defended or represented and may entrust his defending counsel or an agent. After the lawyer entrusted, without good reason, refuse defence or representation.

However, commitment law, clients utilizing the services of lawyers engaged in illegal activities or the client intentionally concealing important facts related to the case, lawyers have the right to refuse defence or representation. 33rd lawyer acting as counsel, is entitled to a lawyer's practice certificate, proof of law firm and a power of attorney or letter of legal aid, in accordance with the provisions of the criminal procedure law with custody or a criminal suspect or defendant under residential surveillance.

When defence counsel meet with criminal suspects and defendants not to be listening.

34th lawyer acting as counsel, since the date of the people's Procuratorate for examination and prosecution of the case, to access, extract, copy the dossier of the case.

35th entrusted a lawyer depending on the need, may apply to the people's procuratorates, people's courts collect or obtain evidence or to apply for the people's Court shall notify the witness to testify.

Lawyers on their own investigation and evidence collection, by lawyers practising certificate and law firms shows that investigations and undertaking legal matters relating to units or individuals.

36th lawyer acting as agent ad litem or defender, and their right to debate or are protected by law.

During the 37th lawyer participating in lawsuits for crimes, investigation organ shall promptly notify their law firms or their subordinate's lawyers association is lawfully detained, arrested, the investigation authority shall, in accordance with the provisions of the criminal procedure law to notify the families of lawyers. Article 38th lawyers practicing in knowledge of clients and other people's reluctance to reveal the circumstances and the information should be kept confidential.

However, clients or other people or is against national security, public safety, and seriously endangering the safety of others except the criminal facts and information.

39th article may not be in the same case, counsel for the parties to act as an agent, not acting himself or his close relatives have a conflict of interest law.

40th in practice, counsel shall not be any of the following acts:

(A) commissioned privately, charge fees, accepts trustee's property or other interests;

(B) using convenience of provided legal services for personal interests of the parties;

(C) accept the other party's property or other interests, colluding with the opposing party or a third person, against the client's interests;

(D) violation of regulations, meeting with a judge, Prosecutor, arbitrator or other relevant working personnel;

(E) to a judge, Prosecutor, arbitrator or other relevant working personnel bribery, bribery or instigating or inducing a party to bribe or other improper means to influence a judge, Prosecutor, arbitrator or other relevant working personnel handle cases according to law;

(Vi) intentionally provide false evidence or threaten, cajole others into giving false evidence, preventing the other party lawfully obtained evidence;

(G) instigation, abetting a party by disrupting public order, endanger public security or by other illegal means to resolve disputes;

(VIII) disrupt courts, arbitral order, interfere with the normal conduct of litigation or arbitration.

41st once as judge, Prosecutor, lawyer, from the people's courts and people's procuratorates within two years after leaving office, shall not act as agent ad litem or defend clients.

42nd lawyer or law firm shall perform legal assistance obligations in accordance with State regulations, for the recipient to provide legal services that match the criteria, maintaining the lawful rights and interests of the recipient.

The fifth chapter Bar Association

Article 43rd lawyers association is a corporate social groups, is the self-regulatory organization of lawyers.

Set up the all-China lawyers ' Association, establishment of local bar associations of provinces, autonomous regions and municipalities, districts, local bar associations may be established as necessary.

44th National Lawyers Guild regulations set by the National Congress, reported to the Department of judicial administration under the State Council for the record. Local bar associations regulations formulated by the local Congress, judicial administrative departments at the same level.

Local bar association shall not conflict with the National Bar Association. Article 45th lawyers, law firms should join his local bar association.

Join the local Bar Association of lawyers, law firms, and is a member of the National Bar Association.

Bar Association Bar Association constitutional rights and fulfill obligations under the regulations of the Bar Association.

Article 46th Bar Association shall perform the following duties:

(A) assuring that lawyers practise according to law and safeguarding the legitimate rights and interests of lawyers;

(B) summarize and Exchange work experiences;

(C) the development of industry standards and disciplinary rules;

(D) organizing professional training for lawyers and professional ethics and practice discipline education activities in which lawyers practise assessment;

(E) Organization and management applicants to intern on the licensed activity, assessment of the internship;

(F) the reward and punishment of lawyers and law firms;

(G) the complaint or report of a lawyer, mediation lawyer disputes that occur in practice, receive complaints from lawyers;

(H) the laws, administrative regulations and rules as well as other duties as prescribed by the articles of the Bar Association.

Development of industry standards and disciplinary rules of the Bar Association shall not be incompatible with the relevant laws, administrative regulations, and rules.

The sixth chapter legal liability

47th lawyer of one of the following acts, established by municipal or district people's Government of the municipality of judicial administrative departments shall issue a warning and may be fined not more than 5,000 Yuan; has illegally obtained, confiscation of illegal income; the circumstances are serious, stop practising penalties under three months of age:

(A) practising in two or more law firms;

(B) soliciting business through improper means;

(C) in the same case for the parties to act as an agent, or agent-and their close relatives have a conflict of interest, Legal Affairs;

(D) from the people's courts and people's procuratorates serve as agent ad litem or within two years following the departure of Defender;

(E) refuse to perform the obligation of legal aid.

48th lawyer, one of the following acts, established by municipal or municipal district people's Government, judicial administrative departments shall issue a warning and may be fined not more than 10,000 Yuan; has illegally obtained, confiscation of illegal income; the circumstances are serious, stop practising penalties for more than three months to six months:

(A) commissioned privately, charge fees, and entrusted their personal property, or other interests;

(B) accept the delegation, without good reason, refuse to defend or agents, failing to appear in court to participate in litigation or arbitration;

(C) the advantage of providing legal services making the interests of the parties;

(D) disclose trade secrets or personal privacy.

49th article lawyer has following behavior one of of, by set district of city level or municipalities of District Government judicial administrative sector give stop practice industry six months above one years following of punishment, can at 50,000 yuan following of fine; has illegal proceeds of, confiscated illegal proceeds; plot serious of, by province, and autonomous regions, and municipalities Government judicial administrative sector revoked its lawyer practice industry certificate; constitute crime of, law held criminal:
(A) in violation of regulations, meeting with a judge, Prosecutor, arbitrator or other relevant working personnel or in other cases of improper influence in accordance with the law;

(B) to a judge, Prosecutor, arbitrator or other relevant working personnel bribe, bribery, or instigating or inducing a party to bribery;

(C) to the judicial administrative departments to provide false information or if there are other falsifications;

(D) wilfully provide false evidence or threaten, cajole others into giving false evidence, preventing the other party lawfully obtained evidence;

(E) accept property or other interests of the other party, colluding with the opposing party or a third person, against the interests of the client;

(F) disrupt courts, arbitral order, interfere with the normal conduct of litigation or arbitration;

(G) instigation, abetting a party by disrupting public order, endanger public security or by other illegal means to resolve disputes;

(H) the publication endangers national security, malicious slander others, seriously disturbing the order of the Court;

(I) disclose State secrets.

Lawyers for an intentional crime subject to criminal penalties, by provinces, autonomous regions, or municipalities directly under the administration of Justice Department lawyer's practice certificate revoked.

50th article lawyer firm has following behavior one of of, by set district of city level or municipalities of District Government judicial administrative sector depending on its plot give warning, and closed reorganization one months above six months following of punishment, can at 100,000 yuan following of fine; has illegal proceeds of, confiscated illegal proceeds; plot special serious of, by province, and autonomous regions, and municipalities Government judicial administrative sector revoked lawyer firm practice industry certificate:

(A) accepts delegates, charged of the contravention;

(B) the violation of legal procedures to change the name, person in charge, of Association, partnership agreements, important matters such as residence, partners;

(C) business activities other than legal services;

(D) to denigrate other law firms, lawyers or paying middleman's fees or other improper means to contract business;

(E) cases of violation subject to a conflict of interest;

(F) refuse to perform the obligation of legal aid;

(VII) to judicial administrative departments to provide false information or if there are other falsifications;

(VIII) to our lawyers neglected, resulting in serious consequences.

Law firm by the penalties for violation of the preceding paragraph, to their head depending on the seriousness, given a warning or a fine of up to 20,000 yuan.

51st article lawyer for violation this method provides, in by warning punishment Hou one years within and occurred should give warning punishment case of, by set district of city level or municipalities of District Government judicial administrative sector give stop practice industry three months above one years following of punishment; in by stop practice industry punishment expires Hou two years within and occurred should give stop practice industry punishment case of, by province, and autonomous regions, and municipalities Government judicial administrative sector revoked its lawyer practice industry certificate.

Law firm for violation of the provisions of this law, ordered the punishment after the expiry of two years and ordered to stop the punishment should be given, by provinces, autonomous regions, or municipalities directly under the administration of justice sector law firm's practice certificate revoked. 52nd judicial administrative departments of the people's Governments at the county level lawyers and law firm practising activities implement daily supervision and management, to check for problems found, correction; complaints about parties, should be investigated in a timely manner.

The county administration of Justice Department lawyers and law firms should be given administrative punishment for offences, should recommend to the higher judicial punishment to the Administrative Department.

53rd for more than six months to stop punishment of practicing lawyers, penalty expired less than three years shall not act as partners. 54th lawyers practise law or loss caused by the fault to a party, by the law firm in which liability.

Law firm compensation may have recourse against the willful misconduct or gross negligence of lawyers.

55th solicitors practising certificate has been made by staff on behalf of the lawyers in the legal services business, by local people's Governments at or above the county level, where the administration of Justice Department be ordered to stop illegal practices, illegal income shall be confiscated, illegal gains more than 1 time fined not more than five times.

56th judicial administration in violation of the provisions of this law, abuse their powers, neglect their duties, constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.

The seventh chapter by-laws 57th Army military lawyers providing legal services, access to the bar and the rights, obligations and the standards of conduct, apply the provisions of this law.

Specific measures for the administration of the military lawyers, formulated by the State Council and the Central Military Commission.

Article 58th of foreign law firms in the People's Republic of China set up measures for Administration of institutions engaged in legal services, formulated by the State Council.

59th lawyers charging by the Department in charge of price under the State Council in conjunction with the judicial administrative department under the State Council. 60th this law shall come into force on June 1, 2008.

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