Law practice management approaches
(July 18, 2008 the Department of Justice announced come into force on the date of promulgation, 112th) Chapter I General provisions
First in order to regulate the lawyer's license, assuring that lawyers practise according to law, strengthen the supervision and management of lawyers, in accordance with the People's Republic of China Law on lawyers (hereinafter referred to as the lawyers Act) and the provisions of other relevant laws and regulations, these measures are formulated.
Second law refers to the lawyer's practice certificate shall acquire, accept the Commission specify, for the parties to provide legal services practitioner.
Article lawyers by practice and shall safeguard the legitimate rights and interests of the parties, correct implementation of the law, and safeguard social fairness and justice.
Article fourth 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.
Judicial administration and the Bar Association shall protect rights in which lawyers practise.
Judicial administrative organs in accordance with section v of the lawyers law and the regulations on lawyers supervise and guide.
In accordance with the Act, associations of lawyers of the Bar Association regulations and industry standards imposed on the lawyers ' industry self-regulation.
Chapter two lawyers practising conditions
Article sixth lawyers, subject to the following conditions:
(A) support People's Republic of China Constitution;
(B) through the national legal profession qualification certificates, unified judicial examination;
(C) internship in a law Office for less than a year;
(D) of good moral character.
Implementing the national unified judicial examination made by lawyers, at the time of application for the lawyers, and the legal profession qualification certificate shall have the same effect.
Enjoy conditions of participation the national unified judicial examination, and examination measures, obtain the legal profession qualification certificate, applicants to practise geographical restrictions, in accordance with the relevant regulations.
Applications for lawyers who participate in internships organized Bar Association shall, in accordance with provisions, and through examination of the Lawyers Association.
Article seventh part-time lawyers, except in accordance with the conditions laid down in article sixth, but should also meet the following conditions:
(A) the law education in institutions of higher learning, scientific research institutes, research;
(B) agreed with the host.
Article eighth franchise lawyer should be consistent with the law and relevant regulations of the State of condition.
Nineth personnel under any of the following circumstances, not in the legal profession:
(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.
Chapter III lawyer licensing process
Tenth lawyer licensing, the city divided into districts, or municipal district (County) judicial administrative organs accepted practice application at first instance, submitted to the provincial, autonomous region, or municipality directly under the administration of justice review, the decision of whether to approve the practice.
Section 11th for the lawyers, should the city divided into districts, or municipal district (County) judicial administrative organs to submit the following materials:
(A) applications for practice;
(B) the legal profession qualification certificate, or lawyers;
(C) practice examination of material of the applicant issued by the Bar Association;
(D) the identity of the applicant;
(E) agree to receive proof of the applicant issued by the law firm.
For admission permit, the applicant shall truthfully of the lawyers ' application form.
Article 12th part-time lawyers, except in accordance with the provisions of the present article 11th submitted materials shall also submit the following documents:
(A) in institutions of higher learning and scientific research institutions engaged in legal education, work experience and supporting documents;
(B) agreed with the applicant's proof of part-time lawyers.
13th city divided into districts, or municipal district (County) judicial administrative organs on the applicants ' lawyers ' applications, should be dealt with separately according to the following conditions:
(A) the application materials are complete and comply with the statutory format, should be inadmissible. (B) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or from the date of receipt of the application materials in the 5th time inform all applicants need to supplement the content.
Corrections according to the requirements of the applicant, be admissible; fails to tell, from the date of receipt of the application materials shall be accepted.
(C) the application obviously does not meet the statutory requirements or the applicant refuse to rectify, unable to supplement the material inadmissible, and the reasons to the applicant in writing.
14th judicial administrative organs accepting the application shall within 20th since it proceeded to entertain it completed its review of application materials.
During the review process, can seek the judicial administrative organs at the county level for admission to view required investigation to verify the situation and may require the applicant to provide the relevant supporting material, may also appoint judicial administrative organs at the county level for verification.
Upon examination, should be whether the applicant meets the statutory requirements, submit complete truthfulness of the material issued by the review, and will review the comments and submit all application materials province, autonomous region, or municipality directly under the administration of Justice.
15th of provinces, autonomous regions and municipalities directly under the judicial administrative organs shall receive the Authority accepting the application review and within 10th of all application materials is being examined, the decision whether to approve the practice.
Admission to practise shall decide within 10th of lawyer's practice certificate issued to the applicant.
Practice of disallowing should state the reason in writing to the applicant.
Article 16th franchise lawyers, requires submission and admissibility, examination and approval procedures, shall be handled in accordance with the relevant regulations of the State Council.
17th claimant Nineth provides one of these measures, shall be allowed a lawyer's practice.
Article 18th law solicitor practising certificate is legally allowed to practise the valid documents. Lawyer's practice certificate shall specify the content, method, process specifications, licenses, shall be prescribed by the Ministry of Justice.
Practising certificate made centrally by the Ministry of Justice.
19th under any of the following circumstances, by the decision to grant the applicant a practising of the province, autonomous region, or municipality directly under the administration of Justice to withdraw the original decision of the admission to practice, to withdraw it and to remove his lawyer's practice certificate:
(A) applicants for fraud, bribery or other improper means to obtain admission to practice decisions;
(Ii) an applicant who does not meet the statutory requirements granted practice practise or violation of legal procedures to approve the decision.
Article 20th lawyers practise changing institutions, intends to change the place of practice shall be divided into districts of municipal or municipal district (County) organ for the administration of Justice, and submit the following materials:
(A) the Executive institution the county administration of Justice certificate issued by the applicant does not have proof of the circumstances prescribed in the article 21st of this approach;
(B) the original practice of resolve the employment relationship or partnership and concluded business, archives, financial proof of transfer procedures;
(C) intends to change the Executive institution agrees to receive proof of the applicant;
(D) the applicant's experience of practice material. Agency shall be submitted by the application and materials to produce reviews, together with all application materials submitted to province, autonomous region, or municipality directly under the administration of justice review. Changes to the grant, by the audit institutions for lawyer's practice certificate applicant renewal; not allowed to change, should state the reason in writing to the applicant.
On the review, approval, renewal of term, in accordance with the measures set forth in 14th and 15th of the procedure.
Allowed to change, before receiving a new practising certificate of the applicant, the practising certificate should be turned over to the former auditing certification authorities.
Lawyers across the city divided into districts or provinces, autonomous regions and municipalities directly under the Executive institution of change, the original executive institution location and change the practice of the administration of Justice in place of handover between the Solicitors ' files.
21st article lawyer by stop practice industry punishment during, shall not application change practice industry institutions; lawyer firm by closed reorganization punishment term not full of, the by head, and partner and on lawyer firm by closed reorganization punishment has directly responsibility of lawyer shall not application change practice industry institutions; lawyer firm should terminated of, in completed liquidation, and handle cancellation Qian, the by head, and partner and on lawyer firm was revoked practice industry license has directly responsibility of lawyer shall not application change practice industry institutions.
22nd by presence of law firms where lawyers were practising, his lawyer's practice certificate renewal and management practices, in accordance with the relevant provisions of the Ministry of Justice.
23rd lawyer has any of the following circumstances, as the original audit certification authority on his resume, to remove his lawyer's practice certificate:
(A) the lawyer's practice certificate revoked punishment;
(B) the practice of granting decides to be cancelled;
(C) because I am not in the legal profession to apply for cancellation;
(D) with the law firm may resolve the employment contract or the law firm where cancelled, by another law firm in six months hired;
(E) termination for other reasons the lawyers.
Because of the preceding paragraph (c), (d), (e) provide personnel of the lawyer's practice certificate cancelled, reapply the lawyers, in accordance with the procedure as provided herein the lawyers.
The fourth chapter the lawyer's code of professional conduct
24th lawyers 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.
25th lawyers 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 principal of suspects in criminal cases, to providing legal advice, agency complaints, charges, for the arrest of suspects to apply for bail, delegates accepted, the defendant or the Court, as specified 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.
Article 26th Counsel undertake business should be centrally entrusted by the law firm, to enter into a written contract with the client, and obedience to the law firm of conflict of interest for accepting business review and decision.
27th may not be in the same case, counsel for the parties to act as an agent, not agent-and their close relatives have a conflict of interest law.
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.
Former judge and Prosecutor lawyers, 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.
28th 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 29th lawyer acting as attorneys or non-litigious legal matters should be entrusted with the law in any jurisdiction, maintaining the lawful rights and interests of the client.
30th 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.
31st lawyers provide legal opinions, shall strictly perform their duties according to law, guarantee issued its opinion the truthfulness, accuracy, completeness.
Lawyers providing legal advice, written legal instruments should be based on facts and take law as the criterion, and in accordance with the rules of legal advice and legal instruments, style and format requirements.
Article 32nd lawyers undertake business, shall inform the client of the matters entrusted to handle legal risks that may arise, no warranties, express or implied, made improper promises to result to the client.
Lawyers business, shall promptly inform the client commissioned a matter of progress need to change matters, permission, shall obtain the consent of the client's consent and authorization.
After the lawyer entrusted, without good reason, refuse defence or representation, however, commitment offence 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.
Article 33rd lawyers undertake business should guide clients through legal means, means to claim their rights and solving disputes shall not incite, abet the principal by disrupting public order, endanger public security or by other illegal means to resolve disputes.
Lawyer shall not provide legal services for personal interests of the parties and shall not accept property or other interests of the other party shall be subject to the opposing party or a third party such collusion against client interests.
34th counsel involved in litigation, arbitration or administrative activities shall abide by the courts and arbitral tribunal to disciplinary and administrative rules, there shall be the following obstructed, disrupted proceedings, arbitration or administrative activities and normal behavior:
(A) in violation of regulations, meeting with a judge, Prosecutor, arbitrator or other relevant working personnel;
(B) to cases of contractor bribery bribes, promises to provide benefits or instigating or inducing the principal;
(C) the intentional to the judiciary, arbitration or administrative bodies to provide false evidence or threaten, cajole others into giving false evidence, preventing the other party lawfully obtained evidence;
(D) published in courts endangers national security, libel others, disturb the order of the Court;
(E) the law obstructed, disrupted proceedings, arbitration or other acts normal administrative activities.
35th lawyer shall respect for peers, fair competition, not to denigrate other law firms, lawyers or paying middleman's fees or other improper means to contract business.
36th lawyer shall keep in practice knows State secrets, business secrets, not divulging secrets. Lawyers practicing in knowledge of clients and other people's reluctance to disclose and information, should be kept confidential.
But 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.
37th solicitor services, should be in accordance with the provisions of the law firm to the principal collect attorneys ' fees and costs relating to handling, allowed fees shall not accept property or other interests of the client.
Article 38th counsel 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. 39th solicitor services, shall take good care with them matters relating to the legal instruments, evidence, business documents and records.
After the Legal Affairs concluded, in accordance with the relevant provisions of document filing, and turned over to the law firm for safekeeping.
40th lawyers practise in only one law firm.
Lawyers-working full-time during practice, but part-time lawyers, or except as otherwise provided in laws and administrative regulations.
Lawyer shall abide by the law firm practice management system, accept the guidance and supervision of law firms, participate in the lawyer's annual appraisal. 41st lawyer lawyer's practice certificate shall properly use and storage, and shall not be altered, mortgage, loan, rent. If the goods are lost or damaged, shall promptly report to the County judicial administrative organs, the local municipal district or downtown (County) judicial administrative organs to the former auditing apply for the issuance or renewal of certification authorities.
Lawyer's practice certificate lost, the loss shall be published in the local press statement.
Lawyers practise revoked license, revoke a practising certificate punishment, by its executive institution County judicial administrative organs confiscated his practising certificate.
Lawyers ceased practising penalties shall sanction decision until the punishment before the expiry, lawyer's practice certificate will be paid into the place where its practice of judicial administrative organs at the county level.
42nd lawyer shall comply with the requirements to participate in the administration of Justice and the Lawyers Association of vocational training.
Fifth chapter supervision and management of the judicial administrative organs
43rd judicial administrative organs at the county level to their professional bodies in the administrative area of the day-to-day supervision and management of the activities in which lawyers practise, carry out the following functions:
(A) inspection and supervision in practice, counsel to comply with laws, regulations, rules and professional ethics and practice discipline;
(B) receive reports and complaints from lawyers;
(C) monitor counsel performs administrative punishments and implementing corrective action;
(D) have law firms of lawyers ' annual assessment of the situation;
(E) the Ministry of Justice and the judicial administrative organs of provinces, autonomous regions, and municipalities under other functions.
County judicial administrative organ in carried out daily supervision management process in the, found, and verified lawyer in practice industry activities in the exists problem of, should on its for warning talk, ordered corrected, and on its rectification situation for supervision; on lawyer of violations think law should give administrative punishment of, should up level judicial administrative organ proposed punishment recommends; think need give industry disciplinary of, transferred lawyer Association processing.
44th district of the municipal administration of justice institutions to perform their duties of supervision and management of the following:
(A) to the administrative development of the construction of the legal profession and to develop measures and approaches to strengthen the construction of the legal profession;
(B) guidance and supervision level judicial administrative organs to lawyers practising under the day-to-day supervision and management of, organizations carry out special inspections of solicitors ' work or special examination guidance for lawyers investigated complaints case work;
(C) recognition of lawyers;
(D) in accordance with statutory functions and impose administrative penalties on violations of the law; the lawyer's practice certificate revoked shall be given punishments according to law, higher level judicial administrative organs suggestion of punishment;
(E) of the law firm of solicitors ' results of the annual appraisal exercise record supervision;
(Vi), examine the lawyers ', change practice agencies, practising certificate cancellation application;
(VII) establish a lawyer archives, responsible for the lawyer's license, change, cancellation and other information disclosure;
(VIII) other duties stipulated by laws, rules and regulations.
Municipalities of the district (County) judicial administrative organs have functions relevant to the provisions of the preceding paragraph.
45th province, autonomous region, or municipality directly under the administration of justice institutions to perform their duties of supervision and management of the following:
(A) competence and the assessment of the administrative construction of the legal profession and General level of practice, make profession development plan and related policies, normative documents to strengthen lawyer's practice management;
(B) supervision and guidance of lower-level judicial administrative organs supervision of solicitors ' work, organize and guide the special inspections of solicitors ' or special assessment work;
(C) recognition of activities of the organizations of lawyers;
(D) in accordance with the law the punishment of serious violations committed implementation of the lawyer's practice certificate revoked, level judicial administrative organs under the supervision and guidance of the administrative punishments registration, administrative reviews and appeals;
(V) handling the lawyers approve, change, practising and practising certificate cancellation matters approved by the Agency;
(F) the responsibility for the administrative profession, practice of public work, management services and other important information;
(VII) other duties stipulated by laws, rules and regulations.
46th judicial administrative organs and their staff at all levels to supervise and administer the lawyer shall not impede lawyers practise according to law, shall not be infringed upon the legitimate rights and interests of lawyers shall not solicit or accept a lawyer's property, shall not seek other interests.
47th judicial administrative organs should strengthen the implementation of the lawyers permission level supervision and daily supervision and management activities, establishing work pursuant to the provisions of statistics, ask for instructions, reporting and supervision systems.
Responsible for the lawyers ' permission, lawyers annual results filed judicial administrative organs or reward, punishment, licensing decisions shall, without delay, for the record, rewards and penalties information circulars subordinate judicial administrative organs, and submitted to the judicial administrative organs at a higher level.
48th judicial administrative organs should strengthen the guidance and supervision of the Lawyers Association, support in accordance with the law on lawyers of the Bar Association and the Association, industry norms imposed on lawyers practicing self-discipline, establish and improve the administrative and coordination, collaboration, combining industry self-regulation mechanisms.
49th judicial administrative organs at all levels should periodically the administrative construction of the legal profession, activity statistics of practice information, annual work Summary submitted to the judicial administrative organs at a higher level.
50th judicial administrative personnel at a lawyer's practice license and implementation of regulatory activity, abuse of power, dereliction of duty, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
The sixth chapter supplementary articles
51st a province, autonomous region, or municipality directly under the administration of justice bodies can be based on these measures, formulate specific implementing measures, reported to the Justice Department filing. 52nd purposes herein from the date of publication. Previously developed by the Department of Justice relating to solicitors ' practice management regulations and regulatory documents of inconsistent with this approach, is subject to this approach.