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In order to ensure the implementation of the requirement put forward at the Party's 16th Congress on "broadening and regulating legal services", and further strengthening the administration of lawyers' practice, we hereby give our notice as follows regarding the relevant issues: I. MAINTAINING A STRICT CRITERION ON THE CONDITIONS FOR APPLYING FOR THE LAWYER LICENSE The administrative departments of justice in all places shall, in accordance with the "Lawyers Law" and the rules promulgated by the Ministry of Justice, maintain a strict criterion in examination of those who have obtained the lawyer qualification certificates or legal profession qualification certificates and apply to practice as lawyers. The administrative departments of justice shall examine the information on the applicant's participation in practice training, completion of the assisting work assigned by the law firm, and the evaluation issued by the law firm on the applicant's practice training; examine the authenticity and legitimacy of the application materials; collect the policies and information of the relevant competent departments of public security, education and personnel, utilize the information resources such as the system of electronic inquiry of academic credentials of higher education, try to win the supports and assistance of the relevant departments, and make efforts to create conditions for applying electronic examination of the lawyers application for practice, so as to further improve the work efficiency. II. STRENGTHENING THE ADMINISTRATION OF TRANSFER OF LAWYERS AND THEIR PRACTICE IN DIFFERENT PLACES The administrative departments of justice shall adhere to the principles of guaranteeing the reasonable flow of talents and promoting relative stability of law firm employees, make reasonable administrative provisions on the transfer of lawyers and their practice in different places, strengthen the examination of information on the transferred lawyers' practice and occupational ethics and behaviors, simplify the procedures for handling affairs, speed up the flow of documents. Meanwhile, The administrative departments of justice shall, through applying the system of obligatory clauses in the contract on law firm's employment, guide and urge the law firms to conclude fair and complete labor contracts with lawyers, as well as appropriately settle the labor disputes between law firms and lawyers in accordance with the contract clauses. III. ESTABLISHING AND IMPROVING THE SYSTEM OF ADMINISTRATION OF FILES ON LAWYERS' PRACTICE A file on a lawyer's practice shall at least include the following materials: (1) his "Lawyer Practice Registration Form" and other application materials; (2) information on his annual inspection and registration and trainings; (3) information on his observance of professional ethics and practice disciplines; (4) information on the legal aid cases he has handled, and so on. A lawyer shall, when transferred, timely transfer his practice files and ensure the entirety of the materials. IV. STRENGTHENING THE RECOVERY OF LAWYER LICENSES AND DYNAMIC ADMINISTRATION OF SUSPENSION Where a lawyer is under any of the following circumstances, his lawyer license shall be countermanded in time in accordance with the "Lawyers Law" and the "Measures on the Administration of Lawyer Licenses": (1) A full-time lawyer is transferred out of the law firm to act as a functionary of a state organ, employee of a people's organization or enterprise or public institution or a member of the standing committee of the people's congress at any level; (2) A part-time lawyer is transferred out of a law school (faculty), legal research institution, or acts as a functionary of a state organ or a member of the standing committee of the people's congress at any level; (3) A publicly employed lawyer or a company lawyer does not engage in legal affairs in the original experimental entity; (4) The registration of a lawyer is temporarily extended; (5) He is engaged in operational activities or holds management posts in any type of enterprise; (6) He is dead, loses the capacity for civil conduct or become a person with limited capacity for civil conduct; (7) He is imposed upon a punishment of suspension of practice; (8) His license is suspended; or (9) He submits false documents or intentionally conceals illegal acts to fraudulently obtain the lawyer license. If a lawyer is 70 full years and healthy, and meets the conditions for practice, he maybe permitted to continue the practice. If any previous relevant provision is inconsistent with the present notice, the present notice shall prevail. If a lawyer neither participate in the annual inspection and registration nor return his lawyer license, the administrative organ of justice at the provincial level shall cancel it by public announcement. V. STRENGTHENING THE ADMINISTRATION OF LAWYERS' PRACTICE THROUGH MEDIA SUCH AS INTERNET In case of any of the following circumstances, the administrative organ of justice or lawyers association at the provincial level shall make a uniform announcement on the national lawyers data management center, designated newspaper or governmental website: (1) A law firm or a lawyer has passed the annual inspection and registration; (2) A law firm or a lawyer has failed to pass the registration or the registration is temporarily extended; (3) A lawyer is transferred to a new law firm; or (4) A law firm's name is changed. |
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