Law of the People's Republic of China on Lawyers
Law of the People's Republic of China on Lawyers
Law of the People's Republic of China on Lawyers
Order of the President [1996] No. 67
May 15, 1996
Contents
Chapter I General Provisions
Chapter II Conditions of Practice by Lawyers
Chapter III Law Firms
Chapter IV Business, Rights and Obligations of Practising Lawyers
Chapter V Lawyers Associations
Chapter VI Legal Aid
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to improve the system governing lawyers, to ensure that lawyers practise according to law, to standardize acts of lawyers, to safeguard the lawful rights and interests of parties, to ensure the correct implementation of law, and to enable lawyers to play a positive role in the development of the socialist legal system.
Article 2 The term "lawyer" as used in this Law means a practitioner who has acquired a lawyer's practice certificate pursuant to law and provides legal services to the public.
Article 3 In his practice, a lawyer must abide by the Constitution and law, and strictly observe lawyers' professional ethics and practice discipline.
In his practice, a lawyer must base himself on facts and take law as the criterion.
Practice by lawyers shall be subject to supervision of the State, society and the parties concerned.
Lawful practice by lawyers shall be protected by law.
Article 4 The judicial administration department under the State Council shall supervise and guide lawyers, law firms and lawyers associations in accordance with this Law.
Chapter II Conditions of Practice by Lawyers
Article 5 To practise law, a person shall acquire qualification as a lawyer and a practice certificate.
Article 6 The State institutes a system of uniform national examination for the qualification as a lawyer. The qualification as a lawyer shall be granted by the judicial administration department under the State Council to a person who has acquired three years legal education in an institution of higher learning, or more education or attained an equivalent professional level, or has acquired an undergraduate education in another major in an institution of higher learning, or more education, and has passed the examination for the qualification as a lawyer. Measures for the uniform national examination for the qualification as a lawyer shall be formulated by the judicial administration department under the State Council.
Article 7 A person applying to practise law who has acquired an undergraduate legal education in an institution of higher learning, or more education, who is engaged in professional work such as legal research and teaching, and who has a senior professional title or is of an equivalent professional level, shall be granted the qualification as a lawyer, upon approval by the judicial administration department under the State Council after evaluation and verification in accordance with the prescribed conditions.
Article 8 A person who upholds the Constitution of the People's Republic of China and meets the following conditions may apply to obtain a lawyer's practice certificate:
1. possessing the qualification as a lawyer;
2. having had practice training at a law firm for a full year; and
3. being a person of good character and conduct.
Article 9 A person in any one of the following situations shall not be issued a lawyer's practice certificate:
1. having no capacity for civil acts or having limited capacity for civil acts;
2. having been subjected to criminal punishment, except for a crime of negligence; or
3. having been discharged from public employment or having had his lawyer's practice certificate revoked.
Article 10 A person applying to obtain a lawyer's practice certificate shall submit the following documents:
1. an application;
2. a lawyer qualification certificate;
3. evaluation materials on practice training prepared by the applicant's law firm; and
4. a copy of the applicant's certificate of identity.
Article 11 A person applying to obtain a lawyer's practice certificate who, upon examination and verification by the judicial administration department of the people's government at or above the level of the province, autonomous region or municipality directly under the Central Government, is considered to meet the conditions provided for in this Law shall be issued by the department a lawyer's practice certificate within 30 days of receiving the application.
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