Law of the People's Republic of China on Lawyers (Amended in 2012)
Law of the People's Republic of China on Lawyers (Amended in 2012)
Law of the People's Republic of China on Lawyers (Amended in 2012)
Order of the President of the People's Republic of China No. 64
October 26, 2010
(Adopted at the 19th Session of the Standing Committee of the 8th National People's Congress on May 15, 1996, and issued under the Order of the President of the People's Republic of China No. 67; adopted at th 25th Session of the Standing Committee of the 9th National People's Congress on December 29, 2001, and issued under the Order of the President of the People's Republic of China No. 65 on December 29, 2001; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on the Revision of the Law of the People's Republic of China on Lawyers with effect from January 1, 2002; amended for the second time 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 and issued under the Order of the President of the People's Republic of China No. 76 on October 28, 2007 with effect from June 1, 2008; amended for the third time in accordance with the Decision of the Standing Committee of the National People's Congress on the Revision of the Law of the People's Republic of China on Lawyers passed at the 29th Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on October 26, 2012 and issued under the Order of the President of the People's Republic of China No. 64 on October 26, 2012, with effect from January 1, 2013.)
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. Where the applicant obtains the lawyer's practice certificate through fraud, bribery or other illegitimate means; or
2. Where the application of an applicant who does not meet the conditions prescribed by this Law is granted.
Article 10 A lawyer shall practice law only in one law firm. When he intends to work in a different law firm, he shall apply for a new lawyer's practice certificate.
A lawyer's practice is not subject to regional restriction.
Article 11 No public servants shall concurrently serve as legal practitioners.
During the period when a lawyer is serving as a component member of the standing committee of a people's congress at any level, he shall not act as agent ad litem or defender.
Article 12 A person engaged in teaching of or research in law in an institution of higher learning or a research institute who meets the conditions prescribed in Article 5 of this Law may, upon the consent of the unit where he works, apply for practice of law as a part-time lawyer in accordance with the procedure prescribed in Article 6 of this Law.
Article 13 A person who has not obtained a lawyer's practice certificate shall not provide legal services in the name of lawyer; and he shall not act as agent ad litem or defender, unless otherwise provided for by Law.
Chapter III Law Firms
Article 14 A law firm is an organization in which lawyers practice law. For the establishment of a law firm, the following conditions shall be met:
1. It has its own name, domicile and articles of association;
2. It is manned with lawyers who conform to the provisions of this Law;
3. The person who intends to establish the firm shall be a lawyer who has a good deal of experience in the profession and, in the recent three years, who has not been suspended from legal practice by way of punishment;
4. Its assets are in conformity with the amount specified by the judicial administration department under the state Council.
Article 15 For the establishment of a partnership law firm, in addition to meeting the conditions prescribed in Article 14 of this Law, there shall be three or more partners, and the persons who intends to establish such a firm shall be a lawyer with at least three years of experience in the profession.
A partnership law firm may be established in the form of general partnership or in the form of specialized general partnership. The partners of such a law firm shall, in accordance with law, bear liability for the debts of the law firm in conformity with the form of partnership.
Article 16 For the establishment of a sole partnership law firm, in addition to meeting the conditions prescribed in Article 14 of this Law, the person who intends to establish such a firm shall be a lawyer with at least five years of experience in the profession. He shall bear unlimited liability for the debts of the firm.
Article 17 To apply for the establishment of a law firm, the applicant shall submit the following materials:
1. the written application;
2. the name and articles of association of the law firm;
3. the name list of the lawyers, and their resumes, identity certificates and lawyer's practice certificates;
4. certificate of domicile; and
5. certificate of assets.
To establish a partnership law firm, a partnership agreement shall, in addition, be submitted.
Article 18 For the establishment of a law firm, an application shall be submitted 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.
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