Interim Regulations of the People's Republic of China on Lawyers

Interim Regulations of the People's Republic of China on Lawyers

Order of the Standing Committee of the National People's Congress[1980]No. 5

August 26, 1980

(Adopted at the 15th Meeting of the Standing Committee of the Fifth National People's Congress and promulgated by Order No. 5 of the Standing Committee of the National People's Congress on August 26, 1980, and effective as of January 1, 1982)

Chapter I The Task and Rights of Lawyers
　
Article 1
Lawyers are state legal workers whose task is to give legal assistance to state organs, enterprises and institutions, public organizations, people's communes and citizens in order to ensure the correct implementation of the law and protect the interests of the state and collectives as well as the lawful rights and interests of citizens.
　
Article 2
The principal duties of lawyers shall be:
1. to accept the mandate of state organs, enterprises and institutions, public organizations and people's communes to serve as their legal advisers;
2. to accept the mandate of a party to a civil action to serve as his representative in litigation;
3. to accept the mandate of a defendant or the assignment of a people's court to serve as his defender in a criminal case; to accept the mandate of a private prosecutor or of the victim and his near relatives in a public prosecution to serve as their representative in litigation;
4. to accept the mandate of a party in a nonlitigious matter to give legal assistance or serve as its representative in mediation or arbitration;
5. to give consultative advice on legal questions and draft documents in connection with litigation or other legal matters.
Lawyers shall publicize the socialist legal system through all their professional activities.
　
Article 3
In performing their duties, lawyers shall serve the cause of socialism and the interests of the people, act on the basis of facts and take the law as the criterion.
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