Law on Lawyers and Legal Representation (Amended in 2001)
Law on Lawyers and Legal Representation (Amended in 2001)
Law on Lawyers and Legal Representation (Amended in 2001)
Order of the President [2001] No. 65
December 29, 2001
(Adopted at the 19th meeting of the Standing Committee of the 8th National People’s Congress on May 15, 1996; and amended by the Decision to Amend the Law on Lawyers and Legal Representation passed at the 25th meeting of the Standing Committee of the 9th National People’s Congress on December 29, 2001)
Contents
Chapter I General Provisions
Chapter II Requirements for Lawyers to Set up Practice
Chapter III Law Offices
Chapter IV Business, Rights and Obligations of Lawyers Who Set up in Practice
Chapter V Bar Association
Chapter VI Legal Assistance
Chapter VII Legal Responsibility
Chapter VIII Supplementary Articles
Chapter I General Provisions
Article 1 This law is formulated to improve the system of legal representation, ensure that lawyers conduct their business in accordance with the law, standardize lawyers' behaviour, protect the legitimate rights and interests of litigants, safeguard the correct enforcement of laws and bring into full play the positive role of lawyers in establishing a socialist legal system.
Article 2 Lawyers mentioned in this law refer to personnel who have obtained a business licence for setting up a lawyer's practice in accordance with the law and who are providing legal services for the public.
Article 3 When setting up a practice, lawyers must abide by the Constitution and the law, and must scrupulously observe professional ethics and discipline.
Lawyers who set up in practice must use facts as a basis and the law as criteria.
Lawyers who set up in practice must accept supervision by the state, the public and litigants.
Lawyers who set up in practice in accordance the law are protected by the law.
Article 4 The judicial administration department of the State Council shall supervise and provide guidance for lawyers, law offices and bar associations in accordance with this law.
Chapter II Requirements for Lawyers to Set up Practice
Article 5 To set up in practice, lawyers must have obtained both the credentials of a lawyer and a lawyer's business licence.
Article 6 Anyone who wants to obtain a qualification of lawyers shall pass the uniform national judicial examination. Anyone who has completed four-year courses of law in institutions of higher education, or has completed four-year courses in other fields of learning in institutions of higher education and has professional knowledge of law may be qualified for a lawyer after passing the national judicial examination.
Where there are really difficulties in applying the requirements for educational background prescribed in the preceding paragraph, the requirements may be lowered, within a certain period of time, to be two or three-year courses of law in institutions of higher education upon examination and approval by the administrative department of justice under the State Council.
Article 7 If personnel who have a formal schooling record at and above the level of regular college courses majoring in the science of law at institutions of higher learning have been engaged in studying and teaching law and have a senior job title, or have attained the same level of specialities, submit applications for setting up practice as a lawyer, the State Council's judicial administration department shall appraise and approve their applications in accordance with the regulations and confer lawyers' credentials on them after their applications are approved.
Article 8 Those who support the Constitution of the PRC and who meet the following requirements may apply for a lawyer's business licence to set up practice:
1. have a lawyer's credentials;
2. have worked as a trainee in a law office for a full year; and
3. show good behaviour.
Article 9 Those who are found to have one of the following conditions shall be denied the business licence of a lawyer to set up practice:
1. are incapable of civil action or under restrictions to perform civil action; or
2. have received a criminal sanction, but those who have committed an involuntary crime are excepted; and
3. those who have been discharged from public employment or have had their lawyer's business licences revoked.
Article 10 Those who submit an application for a lawyer's business licence to set up in practice should submit the following documents:
1. an application form;
2. a lawyer's credentials;
3. training verification issued by the law office at which the applicant works; and
4. duplicate of the applicant's identification card.
Article 11 The judicial administration departments of people's governments at and above the provincial, autonomous regional and municipal levels shall issue a lawyer's business licence to an applicant if examination finds his or her application meets the requirements stipulated in this law within 30 days after receipt of his or her application, and shall deny an applicant a lawyer's business licence if examination finds his or her application fails to meet the requirements stipulated in this law and serve a notice in writing to the applicant within 30 days after receipt of his or her application.
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Order of the President [2001] No. 65
December 29, 2001
(Adopted at the 19th meeting of the Standing Committee of the 8th National People’s Congress on May 15, 1996; and amended by the Decision to Amend the Law on Lawyers and Legal Representation passed at the 25th meeting of the Standing Committee of the 9th National People’s Congress on December 29, 2001)
Contents
Chapter I General Provisions
Chapter II Requirements for Lawyers to Set up Practice
Chapter III Law Offices
Chapter IV Business, Rights and Obligations of Lawyers Who Set up in Practice
Chapter V Bar Association
Chapter VI Legal Assistance
Chapter VII Legal Responsibility
Chapter VIII Supplementary Articles
Chapter I General Provisions
Article 1 This law is formulated to improve the system of legal representation, ensure that lawyers conduct their business in accordance with the law, standardize lawyers' behaviour, protect the legitimate rights and interests of litigants, safeguard the correct enforcement of laws and bring into full play the positive role of lawyers in establishing a socialist legal system.
Article 2 Lawyers mentioned in this law refer to personnel who have obtained a business licence for setting up a lawyer's practice in accordance with the law and who are providing legal services for the public.
Article 3 When setting up a practice, lawyers must abide by the Constitution and the law, and must scrupulously observe professional ethics and discipline.
Lawyers who set up in practice must use facts as a basis and the law as criteria.
Lawyers who set up in practice must accept supervision by the state, the public and litigants.
Lawyers who set up in practice in accordance the law are protected by the law.
Article 4 The judicial administration department of the State Council shall supervise and provide guidance for lawyers, law offices and bar associations in accordance with this law.
Chapter II Requirements for Lawyers to Set up Practice
Article 5 To set up in practice, lawyers must have obtained both the credentials of a lawyer and a lawyer's business licence.
Article 6 Anyone who wants to obtain a qualification of lawyers shall pass the uniform national judicial examination. Anyone who has completed four-year courses of law in institutions of higher education, or has completed four-year courses in other fields of learning in institutions of higher education and has professional knowledge of law may be qualified for a lawyer after passing the national judicial examination.
Where there are really difficulties in applying the requirements for educational background prescribed in the preceding paragraph, the requirements may be lowered, within a certain period of time, to be two or three-year courses of law in institutions of higher education upon examination and approval by the administrative department of justice under the State Council.
Article 7 If personnel who have a formal schooling record at and above the level of regular college courses majoring in the science of law at institutions of higher learning have been engaged in studying and teaching law and have a senior job title, or have attained the same level of specialities, submit applications for setting up practice as a lawyer, the State Council's judicial administration department shall appraise and approve their applications in accordance with the regulations and confer lawyers' credentials on them after their applications are approved.
Article 8 Those who support the Constitution of the PRC and who meet the following requirements may apply for a lawyer's business licence to set up practice:
1. have a lawyer's credentials;
2. have worked as a trainee in a law office for a full year; and
3. show good behaviour.
Article 9 Those who are found to have one of the following conditions shall be denied the business licence of a lawyer to set up practice:
1. are incapable of civil action or under restrictions to perform civil action; or
2. have received a criminal sanction, but those who have committed an involuntary crime are excepted; and
3. those who have been discharged from public employment or have had their lawyer's business licences revoked.
Article 10 Those who submit an application for a lawyer's business licence to set up in practice should submit the following documents:
1. an application form;
2. a lawyer's credentials;
3. training verification issued by the law office at which the applicant works; and
4. duplicate of the applicant's identification card.
Article 11 The judicial administration departments of people's governments at and above the provincial, autonomous regional and municipal levels shall issue a lawyer's business licence to an applicant if examination finds his or her application meets the requirements stipulated in this law within 30 days after receipt of his or her application, and shall deny an applicant a lawyer's business licence if examination finds his or her application fails to meet the requirements stipulated in this law and serve a notice in writing to the applicant within 30 days after receipt of his or her application.
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