People's Republic Of China Law

Original Language Title: 中华人民共和国律师法

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People's Republic of China President 76th of the People's Republic of China Law on lawyers by the People's Republic of China XI session of the 30th meeting of the Standing Committee of national people's Congress adopted on October 28, 2007, as amended, now revised the People's Republic of China Law on lawyers announced that as of June 1, 2008. People's Republic of China President Hu Jintao on October 28, 2007 People's Republic of China Law (May 15, 1996 session of the 19th meeting of the Standing Committee of national people's Congress on December 29, 2001 ninth national people's Congress Standing Committee 25th meeting on adaptation of People's Republic of China decision amendments to law on October 28, 2007, deputies of the 30th meeting of the Standing Committee amendment) directory
    Chapter, chapter III of the General Chapter the lawyers ' license law firm lawyers fourth chapter business and rights and obligations of the fifth chapter, the sixth chapter of the Bar Association legal liability the seventh chapter by-laws chapter I General provisions article in order to improve the system of lawyers, regulate lawyers, assuring that lawyers practise according to law, 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 II application for leave fifth lawyer lawyers, subject to the following conditions: (a) support People's Republic of China Constitution, (ii) through the national unified judicial examination, and (iii) internships in law firms for less than a year and (iv) good.
    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.
    Sixth application for lawyers, 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, (ii) practice of the applicant issued by the Bar Association examination materials, (iii) the identity 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) legal incapacity or restricted legal capacity, (ii) subjected to criminal punishment, but except for criminal negligence and (iii) were 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.
    The 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, and log off been granted lawyers on the licensed certificate: (a) applicants for fraud, bribery or other improper means to obtain a lawyer's practice certificate, (ii) does not meet the conditions specified in this law the applicant's admission to practice. 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 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. 14th chapter law firm law firm of lawyers practising body.
    A law firm shall meet the following requirements: (a) has its own name, domicile and articles, (ii) is consistent with the provisions of this law lawyer, (iii) 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 more than three years 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 should adhere to conditions of the 14th article of this law, 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; (ii) Statute of the law firm's name, and (iii) counsel, curriculum vitae, a list of lawyer's practice certificate of identity, (iv) the domicile certificate (v) assets.
    Establishment of partnership law firms, should also be submitted to the partnership agreement. 18th established law firm shall provide the district municipal or municipal district people's Government applications to the Administrative Department of Justice, Department for accepting applications shall be reviewed within the accepted date of 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. 19th was founded less 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 procedure provided for in article 18th.
    Partnership law firms held accountable for their debts.
    The 20th State-funded law firms shall independently carry out lawyer, with all of the firm's assets to its liability.
    The 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.
    The 22nd law firm, one of the following circumstances shall terminate: (a) the statutory requirements are not maintained, after rectification still does not meet the criteria, (b) law firm the certificate is revoked, and (iii) decided to dissolve on their own, and (iv) 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.
    The 23rd 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.
    26th law firms and lawyers shall not denigrate other law firms, lawyers or paying middleman's fees or other improper means to contract business.
The 27th legal services law firm shall not engage in business activities. Fourth chapter lawyer of business and right, and obligations 28th article lawyer can engaged in following business: (a) accept natural, and corporate or other organization of delegate, served as counsel; (ii) accept civil case, and administrative case party of delegate, served as agent, participate in litigation; (three) accept criminal case crime suspects of delegate, for its provides legal advisory, agent complaints, and charged, for was arrested of crime suspects application bail awaiting trial, accept crime suspects, and accused of delegate or Court of specified,
    Served as defender, accept private prosecution case private prosecution people, and prosecution case victims or its near relatives of delegate, served as agent, participate in litigation; (four) accept delegate, agent various litigation case of complaints; (five) accept delegate, participate in mediation, and arbitration activities; (six) accept delegate, provides non-litigation legal service; (seven) answers about legal of asked, and generation wrote litigation instruments and about legal Affairs of other instruments.
    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 mitigation, is exempted from criminal information and views, and safeguarding the legitimate rights and interests of criminal suspects and defendants.
    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 suspects by investigation organs first interrogation or coercive measures to date, entrusted with the lawyers, with their solicitors practising certificate, law firm proof and a power of attorney or letter of legal aid, the right to meet criminal suspects and defendants and learn more about the circumstances of the case.
    Lawyer meets with the criminal suspect or defendant is not to be listening. Article 34th appointed lawyer from the date of examination and prosecution of the case has the right to refer to, excerpt and copy material litigation documents and files related to the case.
    Entrusted to lawyers since the date on which the people's Court has accepted the case, to refer to, excerpt and copy all the materials related to 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.
    37th solicitor in the practice of personal rights are not violated. Agent, defended comments made by lawyers in court cannot be held accountable by law.
    However, the publication endangers national security, malicious slander others, seriously disrupting court order except for the speech.
    Lawyers involved in lawsuits for alleged crimes were legally detained, arrested, detained, arrested, authorities should detain, arrest notification within 24 hours after the implementation of the lawyer's family, the law firms and the Bar Association.
    38th in practice, the lawyer shall keep aware of State secrets, business secrets and shall not disclose the party's privacy. Lawyers practicing in knowledge of clients and other people's reluctance to disclose and information, should be kept confidential.
    However, the principal or other person preparing or are implementing harm national security, public safety and other serious bodily harm, property crimes except for facts and information.
    The 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 article lawyer in practice industry activities in the shall not has following behavior: (a) privately accept delegate, and charged costs, accept delegate people of property or other interests; (ii) using provides legal service of convenience seek party dispute of interests; (three) accept other party of property or other interests, and other party or third people malicious collusion, against client of interests; (four) violation provides meets judge, and Prosecutor, and arbitration member and other about staff; (five) to judge, and Prosecutor, and Arbitration member and other about staff bribe, introduced bribery or directed, and induced party bribe, or to other not due way effect judge, and Prosecutor, and arbitration member and other about staff law handle case; (six) deliberately provides false evidence or threat, and inducements others provides false evidence, hamper other party legal made evidence; (seven) incitement, and abetting party take disrupt public order, and against public security, illegal means solution dispute; (eight) disrupt Court, and Arbitration Chamber 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.
    Fifth is the 43rd chapter Bar Association Bar Association 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.
    Plus your 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.
    46th article lawyer Association should perform following duties: (a) guarantees lawyer law practice industry, maintenance lawyer of lawful rights and interests of; (ii) summary, and Exchange lawyer work experience; (three) developed industry specification and disciplinary rules; (four) Organization lawyer business training and ethics, and practice industry discipline education, on lawyer of practice industry activities for assessment; (five) organization management application lawyer practice industry personnel of internship activities, on internship personnel for assessment; (six) on lawyer, and lawyer firm implementation Award and disciplinary;
    (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. Sixth chapter legal responsibility 47th article lawyer has following behavior one of of, by set district of city level or municipalities of District Government judicial administrative sector give warning, can at 5,000 yuan following of fine; has illegal proceeds of, confiscated illegal proceeds; plot serious of, give stop practice industry three months following of punishment: (a) while in two a above lawyer firm practice industry of; (ii) to not due means contract business of; (three) in same case in the for both party served as agent,
    Or agent-and their close relatives have a conflict of interest law; (d) from the people's courts and people's procuratorates serve as agent ad litem or within two years following the departure of Defender (v) refuse to perform the obligation of legal aid.
    48th article lawyer has following behavior one of of, by set district of city level or municipalities of District Government judicial administrative sector give warning, can at 10,000 yuan following of fine; has illegal proceeds of, confiscated illegal proceeds; plot serious of, give stop practice industry three months above six months following of punishment: (a) privately accept delegate, and charged costs, accept delegate property or other interests of; (ii) accept delegate Hou, no due reason, refused to defended or agent, not on time appear participate in litigation or arbitration of;
    (C) the advantage of providing legal services making the interests of the parties, (iv) 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 a 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) violation provides meets judge, and Prosecutor, and arbitration member and other about staff, Or to other not due way effect law handle case of; (ii) to judge, and Prosecutor, and arbitration member and other about staff bribe, introduced bribery or directed, and induced party bribe of; (three) to judicial administrative sector provides false material or has other fraud behavior of; (four) deliberately provides false evidence or threat, and inducements others provides false evidence, hamper other party legal made evidence of; (five) accept other party property or other interests,
    And other party or third people malicious collusion, against client interests of; (six) disrupt Court, and Arbitration Chamber order, interference litigation, and arbitration activities of normal for of; (seven) incitement, and abetting party take disrupt public order, and against public security, illegal means solution dispute of; (eight) published against national security, and malicious defamation others, and serious disrupt court order of speech of; (nine) leaked national secret of.
    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 a 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) violation provides accept delegate, and charged costs of;
    (Ii) violation statutory program handle change name, and head, and articles, and partnership agreement, and residence, and partner, major matters of; (three) engaged in legal service yiwai of business activities of; (four) to denigrated other lawyer firm, and lawyer or paid introduced fee, not due means contract business of; (five) violation provides accept has interests conflict of case of; (six) refused to perform legal assistance obligations of; (seven) to judicial administrative sector provides false material or has other fraud behavior of;
    (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 a 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 a years following of punishment; in by stop practice industry punishment expires Hou II 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. Seventh chapter supplementary articles article 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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