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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CONDITIONS OF PRACTICE OF LAWYERS CHAPTER III LAW FIRMS CHAPTER IV BUSINESS, RIGHTS AND OBLIGATIONS OF PRACTICING LAWYERS CHAPTER V LAWYERS ASSOCIATIONS CHAPTER VI LEGAL AID CHAPTER VII LEGAL LIABILITIES CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Law is enacted in order to improve the system governing lawyers, to ensure lawyers to practice in accordance with the law, to regulate the acts of lawyers, to safeguard the lawful rights and interests of parties concerned, to ensure the correct implementation of the law, and to enable lawyers to play a positive role in the development of the socialist legal system. Article 2. The term "lawyer" as mentioned 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 the lawyer's professional ethics and practice disciplines. In his practice, a lawyer must base himself on facts and take law as the criterion. The practice of lawyers shall be subject to supervision of the State, the public and the parties concerned. The lawful practice of lawyers shall be protected by the 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 OF LAWYERS Article 5. To practice law, a person shall acquire the qualifications of a lawyer and a practice certificate. Article 6. Anyone who is to acquire the lawyer's qualifications shall pass a uniform national judicial examination. Anyone with the academic qualification of regular course education or above in the law major in a higher education institution or anyone with the academic qualification of regular course education or above in any other major in a higher education institution but meanwhile with the professional knowledge of law may acquire the qualification if he has passed the national judicial examination. "The regions which are really difficult to apply the conditions on academic qualification" provided for in the preceding paragraph may, upon check and determination by the judicial administration department under the State Council and within a certain period, loosen the requirements on academic qualification up to the academic qualification of special course education in the law major in a higher education institution. Article 7. A person with the academic qualification of a regular course education in law in a higher education institution who is engaged in such professional work as legal research or teaching and with a senior professional title or of an equivalent professional level may, when applying to practice law, be granted the lawyer qualification upon verification and approval by the judicial administration department under the State Council in accordance with the provided 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 a lawyer qualification; (2) having had a practice training in a law firm for a full year; and (3) being a person of good character and conduct. Article 9. A person in any 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 the record of 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 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, and 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 as of its receipt of the application. If the applicant fails to meet the conditions provided for in this Law, he shall not be issued a lawyer's practice certificate and shall be notified of the matter in writing within 30 days as of the receipt of his application. Article 12. A lawyer shall practice in one law firm and shall not practice in two or more law firms simultaneously. A lawyer's practice is not subject to regional restriction. Article 13. An in-service functionary in a State organ shall not concurrently practice as a lawyer. A lawyer shall not practice law while serving as a member of a standing committee of a people's congress at any level. Article 14. A person who has not acquired a lawyer's practice certificate shall not practice law under in the name of a "lawyer" or act as an agent ad litem or defend an entrusting party for the purpose of seeking economic benefit. CHAPTER III LAW FIRMS Article 15. A law firm is the organization in which lawyers practice. A law firm shall meet the following conditions: (1) Having its own name, domicile and articles of association; (2) Having assets of RMB 100,000 Yuan or more; and (3) Having lawyers who conform to the provisions of this Law. Article 16. A law firm established with the capital contribution from the State shall be independent in its practice pursuant to the law and shall undertake liabilities for its debts with its entire assets. Article 17. Lawyers may establish cooperative law firms, which shall undertake liabilities for their debts with their entire assets. Article 18. Lawyers may establish partnership law firms. The partners shall undertake unlimited and joint and several liabilities for the debts of the law firm. Article 19. Persons applying to establish a law firm who, after 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, are considered to meet the conditions provided for in this Law shall be issued by the department a law firm practice certificate within 30 days of as of the receipt of the application. Those who fail to meet the conditions provided for in this Law shall not be issued a law firm practice certificate and shall be notified of the matter in writing within 30 days as of the receipt of the application. Article 20. A law firm may establish branch offices. The establishment of a branch office shall be subject to verification conducted in accordance with the provided conditions by the judicial administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where the proposed branch office is to be located. A law firm shall undertake liabilities for the debts of a branch office it has established. Article 21. A law firm shall report to the original verification department on changes in respect of its name, domicile, articles of association, partners or any other major issue, or on dissolution of the firm. Article 22. A law firm shall, in accordance with the articles of association, arrange for lawyers to carry out business, study laws and State policies, and summarize and exchange work experiences. Article 23. When lawyers undertake business, their law firm shall uniformly accept entrustment, sign written entrustment contracts with the entrusting parties and, in accordance with State regulations, collect fees from the parties and truthfully enter them in its accounts. Law firms and lawyers shall pay tax in accordance with the law. Article 24. Law firms and lawyers shall not solicit business by unfair means such as slandering other lawyers or paying middleman's fees. CHAPTER IV BUSINESS, RIGHTS AND OBLIGATIONS OF PRACTICING LAWYERS Article 25. A lawyer may engage in the following business: (1) Accepting engagement by citizens, legal persons or other organizations to act as a legal counsel; (2) Accepting entrustment by an entrusting party in a civil or administrative case to act as an agent ad litem and participate in the proceedings; (3) Accepting engagement by a criminal suspect in a criminal case to provide him with legal advice and represent him in filing a petition or charge or obtaining a guarantor pending trial; to accept entrustment by a criminal suspect or defendant or accept appointment by a people's court to act as a defender; and to accept entrustment by a private prosecutor in a case of private prosecution or by the victim or his close relatives in a case of public prosecution to act as an agent ad litem and participate in the proceedings; (4) Representing entrusting parities in filing petition in all types of litigation; (5) Accepting the entrustment of a party to participate in mediation and arbitration activities; (6) Accepting the entrustment of a party involved in non-litigation legal affairs to provide legal services; and (7) Answering inquiries regarding law and to represent entrusting parties in writing litigation documents and other documents regarding legal affairs. Article 26. A lawyer acting as a legal counsel provides opinions regarding legal issues to the person who has engaged him, draft and review legal documents, act as an agent to participate in litigation, mediation or arbitration activities, handle other legal affairs authorized by the person who has engaged him, and protect the lawful rights and interests of the person who has engaged him. Article 27. A lawyer acting as an agent in litigation or non-litigation legal affairs shall, within the limits of entrustment, protect the lawful rights and interests of the entrusting party. Article 28. A lawyer acting as a defender in a criminal case shall present, on the basis of facts and law, materials and arguments to prove that the criminal suspect is innocent or is less guilty than charged, or that his criminal liability should be reduced or relieved, in order to protect the lawful rights and interests of the criminal suspect or defendant. Article 29. A entrusting party may refuse to be further defended or represented by a lawyer, and may entrust another lawyer to act as his defender or to represent him. After accepting entrustment, a lawyer shall not, without a good reason, refuse to defend or to represent an entrusting party. However, if the entrusted matter violates the law, or if the entrusting party uses the service provided by the lawyer to engage in illegal activities or conceals facts, the lawyer shall have the right to refuse to defend or to represent the entrusting party. Article 30. A lawyer participating in litigation activities may, in accordance with the provisions of procedure laws, collect and consult the materials pertaining to the case he is undertaking, meet and correspond with a person whose personal freedom is restricted, appear in court, participate in litigation, and enjoy other rights provided for in the procedure laws. When a lawyer acts as an agent ad litem or a defender, his right to argue or present a defense shall be protected in accordance with the law. Article 31. When undertaking legal affairs, a lawyer may, with the consent of the relevant entities or individuals, address inquiries to them for information. Article 32. In practice activities, a lawyer's right of the person shall not be infringed upon. Article 33. A lawyer shall keep confidential secrets of the State and commercial secrets of the parties concerned that he comes to know during his practice activities and shall not divulge the private affairs of the parties concerned. Article 34. A lawyer shall not represent both parties involved in the same case. Article 35. A lawyer shall not commit any of the following acts in his practice activities: (1) Accepting entrustment privately, charge fees from entrusting party privately, or accept money or things of value from the entrusting party; (2) Seeking the disputed rights and interests of a party or accept money or things of value from the opposing party by taking advantage of providing legal services; (3) Meeting with a judge, prosecutor or arbitrator in violation of regulations; (4) Entertaining and giving gifts to a judge, prosecutor, arbitrator or any other relevant functionary or bribing them, or instigating or inducing a party to bribe them; (5) Providing false evidence, concealing facts or intimidating or inducing another with promise of gain to provide false evidence, conceal facts, or obstruct the opposing party's lawful obtaining of evidence; or (6) Disrupting the order of a court or an arbitration tribunal, or interfering with the normal conduct of litigation or arbitration activities. Article 36. A lawyer who once served as a judge or prosecutor shall not act as an agent ad litem or defender within two years after leaving his post in the people's court or the people's procuratorate. CHAPTER V LAWYERS ASSOCIATIONS Article 37. A lawyers association is a public organization with the status of a legal person and shall be the lawyers' self-disciplinary organization. The All-China Lawyers Association is established at the national level, while local lawyers associations are established by provinces, autonomous regions, and municipalities directly under the Central Government. Local lawyers associations may be established according to need by cities divided into districts. Article 38. The articles of association of lawyers associations are formulated uniformly by the national congress of the members and submitted to the judicial administration department under the State Council for the record. Article 39. A lawyer must join his local lawyers association. A lawyer who has joined his local lawyers association is at the same time a member of the All-China Lawyers Association. In accordance with the articles of association of lawyers association, members of lawyers associations shall enjoy the rights granted by, and perform the obligations specified in, the articles of association. Article 40. Lawyers associations shall perform the following duties: (1) Assuring that lawyers practice in accordance with the law and protecting lawyers' lawful rights and interests; (2) Summarizing and exchanging lawyers' work experiences; (3) Organizing professional trainings for lawyers; (4) Conducting education in, inspection of, and supervision over, the professional ethics and practice disciplines of lawyers; (5) Making arrangements for exchanges between Chinese and foreign lawyers; (6) Mediating disputes arising in lawyers' practice activities; and (7) Other duties prescribed by law. Lawyers associations shall give awards to or take disciplinary measures against lawyers in accordance with the articles of association. CHAPTER VI LEGAL AID Article 41. A citizen who needs the assistance of lawyers in respect of matters such as livelihood support, work-related injuries, criminal procedure, claims for State compensation or claims for lawful payment of pensions for the disabled or families of the deceased, but cannot afford lawyers fees, may obtain legal aid in accordance with State regulations. Article 42. A lawyer must undertake the duty of legal aid in accordance with State regulations, and provide the recipients with legal services in fulfillment of his duties and responsibilities. Article 43. Specific measures for legal aid shall be enacted by the judicial administration department under the State Council and submitted to the State Council for approval. CHAPTER VII LEGAL LIABILITIES Article 44. Where a lawyer commits any of the following acts, the judicial administration department of the people's government of the province, autonomous region, municipality directly under the Central Government or a city divided into districts shall impose a disciplinary warning; where the case is serious, the said department shall impose a penalty of cessation of practice for no less than three months but no more than one year; and any illegal proceeds shall be confiscated: (1) simultaneously practicing in two or more law firms; (2) representing both parties involved in the same case; (3) soliciting business by unfair means such as slandering other lawyers or paying middleman's fees; (4) refusing to defend or represent an entrusting party, without any good reason, after accepting entrustment; (5) failing to appear in court on schedule to participate in litigation or arbitration without any good reason; (6) divulging commercial secrets or private affairs of a party concerned; (7) accepting entrustment privately, charging fees to an entrusting party privately, accepting money or things of value from an entrusting party, seeking the disputed rights and interests of a party concerned by taking advantage of the provision of legal services, or accepting money or things of value from the opposing party; (8) meeting with a judge, prosecutor or arbitrator in violation of regulations or entertaining or giving gifts to a judge, prosecutor, arbitrator or other relevant functionary; (9) obstructing the opposing party's lawful obtaining of evidence; (10) disrupting the order of a court or arbitration tribunal, or interfering with the normal conduct of litigation or arbitration activities; or (11) other acts in respect of which penalties should be imposed. Article 45. Where a lawyer commits any of the following acts, the judicial administration department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall revoke his practice certificate; where the case constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law; (1) divulging State secrets; (2) bribing a judge, prosecutor, arbitrator or any other relevant functionary or instigating or inducing a party concerned to do so; or (3) providing false evidence, concealing important facts or intimidating or inducing any other with promise of gain to provide false evidence or conceal important facts. Where a lawyer is subject to criminal punishment for an intentional crime, his lawyer's practice certificate shall be revoked. Article 46. A person who provides legal services under the disguise of a lawyer shall be ordered by the public security authority to cease the illegal practice of law, which shall confiscate his illegal proceeds and may also impose a fine of no more than 5,000 yuan and detention of no more than 15 days. A person who has not obtained a lawyer's practice certificate but engages in the business of acting as an agent ad litem or defender for the purpose of seeking economic benefits shall be ordered to cease the illegal practice of law by the judicial administration department of the local people's government at or above the county level, which shall confiscate any illegal proceeds and may also impose a fine of no less than one but no more than five times the amount of the illegal proceeds. Article 47. A law firm that commits an act in violation of the provisions of this Law shall be ordered to make a rectification by the judicial administration department of the people's government of the province, autonomous region, or municipality directly under the Central Government, which shall confiscate any illegal proceeds and may also impose a fine of no less than one but no more than five times the amount of the illegal proceeds; where the case is serious, the law firm shall be ordered to cease practice for consolidation or its practice certificate shall be revoked. Article 48. Where a person on whom a penalty has been imposed refuses to accept the decision on the administrative penalty rendered by the judicial administration department, he may apply for reconsideration to the judicial administration department at the next higher level within 15 days of receiving the decision. If he still refuses to accept the reconsideration decision, he may bring a lawsuit in a people's court within 15 days as of the receipt of the reconsideration decision. He may also directly bring a lawsuit in a people's court. If a person who has been fined neither applies for reconsideration, initiates administrative litigation, nor performs the penalty decision, the judicial administration department that rendered the penalty decision may apply to the people's court for enforcement. Where an application is filed for a lawyer's practice certificate in accordance with Article 11 of this Law or an application is filed for approval to establish a law firm in accordance with Article 19 of this Law, and the applicant refuses to accept the decision on not issuing a lawyer's practice certificate or a practice certificate for the law firm, he may apply for reconsideration or bring a lawsuit pursuant to the procedure provided by the first paragraph of this Article. Article 49. If a lawyer practices illegally or causes losses to a party concerned due to his fault, the law firm in which he practices shall bear the liability for compensation. After paying compensation, the law firm may claim recovery from the lawyer who acted intentionally or committed gross negligence. Lawyers and law firms may not be relieved of or limited in the civil liability that they shall bear for the losses caused to a party concerned due to illegal practice of law or fault. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 50. With respect to lawyers who serve in the army and provide legal services to the army, their acquisition of the qualification as a lawyer, their rights, obligations and behavioral guidelines shall be governed by this Law. Specific measures for administration of military lawyers shall be enacted separately by the State Council and the Central Military Commission. Article 51. The specific measures governing the establishment of offices by foreign law firms to engage in provided legal service activities within the territory of the People's Republic of China shall be enacted by the State Council. Article 52. The specific measures on lawyers fees shall be enacted by the judicial administration department under the State Council and submitted to the State Council for approval. Article 53. This Law shall come into force on January 1, 1997. The Interim Regulations of the People's Republic of China on Lawyers adopted at the 15th Meeting of the Standing Committee of the Fifth National People's Congress on August 26, 1980 shall be repealed at the same time. |
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