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| Category | JUDICIAL ADMINISTRATION | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-05-15 | Effective Date | 1997-01-01 |
|
THE Law of the People's Republic of China on Lawyers |
|---|
Chapter I General Provisions
Chapter II Requirements for Practising Lawyers
Chapter III Law Firms
Chapter IV Business, Rights and Duties of Practising Lawyers
Chapter V Lawyers' Associations
Chapter VI Legal Aids
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions Article 1 This Law is enacted for the purposes of improving the lawyer Article 2 For the purpose of this Law, "lawyers" refer to legal Article 3 Lawyers practising law must abide by the Constitution and In practising law, lawyers must base themselves on facts and take the law Lawyers practising law shall be subjected to the supervision of the Lawyers' carrying out business according to law shall be protected by Article 4 The judicial administrative department of the State Council Article 5 Those wishing to be practising lawyers shall acquire lawyer's Article 6 The state shall adopt a system where unified national Measures for unified national examinations of lawyers' qualifications Article 7 Persons having graduate or higher experience majoring in law, Article 8 Persons who support the Constitution of the People's Republic (1) Possession of a lawyer's credential; (2) Have acted as an apprentice lawyer at a law firm for one year; and (3) Have good conduct. Article 9 Persons coming under any of the following categories shall (1) Persons without capacity of civil conduct or persons with limited (2) Persons who have records of criminal punishments for intentional (3) Persons who have been discharged from public employment or whose Article 10 Applicants for lawyer's licenses shall present the following (1) The application; (2) Certification of lawyer's credential; (3) written appraisal on the applicant offered by the law firm with which (4) A copy of the applicant's identification. Article 11 Applications for lawyer's licenses shall be subject to the Article 12 A lawyer shall practise law at one but not two or more law There is no restriction on regions where lawyers carry out business. Article 13 Personnel presently attached to state organs may not act as Lawyers may not practise law during their membership of the standing Article 14 Persons without a lawyer's license may not act in the name of Article 15 A law firm is an organization with which lawyers practising A law firm shall meet the following conditions: (1) Has its own name, domicile and constitution; (2) Possession of assets of not less than 100,000 yuan; and (3) Has lawyers who are qualified according to this Law; Article 16 Law firms established with funds provided by the state shall Article 17 Cooperative law firms may be established by lawyers and the Article 18 Partnership law firms may be established by lawyers, and the Article 19 Applications for establishing law firms shall be subject to Article 20 Law firms may set up their branch offices. The establishment A law firm shall be liable for the debts of its branch offices. Article 21 In case there is any change in major matters such as the Article 22 Law firms shall, in accordance with their constitutions, Article 23 The mandates for lawyers to handle cases shall be accepted Law firms and lawyers shall pay taxes in accordance with law. Article 24 Law firms and lawyers may not canvass business by resorting Article 25 Lawyers may conduct the following business: (1) Accept the mandate of citizens, legal persons and other organizations (2) Accept the mandate of a party to a civil or administrative action to (3) Accept the mandate of criminal suspects in criminal cases, provide (4) Serve as a legal representative to make petition with regard to (5) Accept the mandate of a party to serve as his representative in (6) Accept the mandate of a party in nonlitigious matter to provide him (7) Give consultative advice on legal questions and draft documents in Article 26 A lawyer who is retained as a legal adviser shall have the Article 27 When acting as representatives in litigation and nonlitigious Article 28 When acting as defenders in criminal cases, lawyers shall, Article 29 The party giving the mandate may refuse to have his attorney Without justifiable reasons, A lawyer having accepted a mandate shall not Article 30 When participating in litigation, lawyers may, in accordance The right to debate or defense of lawyers who act as agents ad litem or Article 31 With the consent of relevant units or persons, lawyers Article 32 The personal rights of lawyers shall not be infringed when Article 33 Lawyers shall keep confidential state secrets and trade Article 34 A lawyer may not serve as legal representatives for both Article 35 When carrying out business, lawyers may not commit the (1) Privately accept mandate and collect service fees or accept (2) Take advantage of their business to seek interests under dispute of (3) Meet judges, public prosecutors or arbitrators in violation of (4) Give dinners, send gifts or offer bribes to judges, public (5) Give false evidence, hold back the facts or threaten or lure others (6) Disturb the court or arbitration orders and interfere with the Article 36 Within two years after leaving their posts from people's Article 37 Lawyers' associations are social organizations with the A national lawyers' association by the name of All-China Lawyers' Article 38 The Constitution of Lawyers' Associations shall be formulated Article 39 Lawyers must join the local lawyers' associations in the Members of lawyers' associations shall, in accordance with the Article 40 Lawyers' associations shall have the following duties: (1) Guarantee lawyers' carrying out business according to law and (2) Sum up and exchange lawyers' work experiences; (3) Organize professional training for lawyers; (4) Carry out education on and conduct inspection and supervision over (5) Organize lawyers to develop foreign exchanges; (6) Conduct mediation over disputes arising from lawyers' professional (7) Other duties provided for by law. Lawyers' associations may, in accordance with their Constitution, give Article 41 Where any citizen needs legal assistance with regard to Article 42 Lawyers must, in accordance with the state's provisions, Article 43 The concrete measures for legal aids shall be formulated by Article 44 If any lawyer commits any of the following acts, the judicial (1) Serve as a practising lawyer with two or more law firms at the same (2) Serve as legal representatives for both parties in a case; (3) Canvass business by resorting to unjust tactics such as slandering (4) Without justifiable reasons, refuse to give defense or serve as a (5) Without justifiable reasons, fail to appear at court for the (6) Divulge trade secrets or matters of personal privacy of their (7) Privately accept mandate and collect fees from clients, ask for or (8) Meet judges, public prosecutors or arbitrators in violation of (9) Obstruct the other party lawfully obtaining evidence; (10) Disturb the court or arbitration orders and interfere with the (11) Other acts deserving to be punished. Article 45 Lawyers committing any of the following acts shall be (1) Divulge the state's secrets; (2) Offer bribes to judges, public prosecutors, arbitrators or other (3) Give false evidence, hold back important facts or threaten or lure Lawyers subjected to criminal punishment for intentional crimes shall be Article 46 If any person passes himself off as a lawyer and engages in If any person, without a lawyer's business license, engages in the Article 47 If a law firm commits any act in violation of this Law, the Article 48 The party who refuses to accept the decision of If the party subjected to a fine neither applies for reconsideration or If the applicant applying for a lawyer's credential under Article 11 of Article 49 If a lawyer causes damage to his client by carrying out Lawyers and law firms shall not exempt themselves from or restrict the Article 50 This Law shall be applicable to military lawyers providing Article 51 Administrative measures for institutions engaging in Article 52 The measures for the collection of lawyers' service fees Article 53 This Law shall enter into force on January 1, 1997. The
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Chapter I General Provisions
system, ensuring lawyers' carrying out business according to law,
standardizing lawyers' activities, safeguarding the legitimate rights and
interests of the interested parties, guaranteeing the correct implementation
of law and bringing into play the positive role of lawyers in the socialist
legal construction.
practitioners who have obtained a lawyer's business license according to law
and provide legal service to the society.
other law of the People's Republic of China and strictly observe the
professional ethics and disciplines.
as the criterion.
state, society and the interested parties.
law.
shall, in accordance with this Law, supervise and direct lawyers, law firms
and lawyers' associations.
Chapter II Requirements for Practising Lawyers
credentials as well as business licenses.
examinations shall be taken for the conference of lawyer's credentials.
Persons who have graduate experience of junior college majoring in law or
higher experience or have attained the same professional level, or those who
have graduate experience of college majoring in other speciaties than law or
higher experience, may, after passing the qualification examination for
lawyers, be conferred with lawyer's credentials.
shall be formulated by the judicial administrative department of the State
Council.
engaging in legal research or legal education and having a senior
professional tittle or those having attained the same professional level, if
applying to practise law, may, after examined and approved in accordance with
the specified requirements by the judicial administrative department of the
State Council, be conferred with lawyer's credentials.
of China and meet the following conditions may apply for lawyer's licenses:
not be conferred with lawyer's credentials:
capacity of civil conduct;
crimes; or
lawyer's licenses have been revoked.
documents:
the applicant has served as an apprentice lawyer; and
examination of the judicial administrative departments of people's
governments at the provincial level or above. A lawyer's license shall be
issued within 30 days after the receipt of the application if the conditions
provided for in this Law are satisfied; if the conditions prescribed in this
Law are not satisfied, no lawyer's license shall be issued and the applicant
shall be notified in writing within 30 days after the receipt of the
application.
firms.
part-time practising lawyers.
committee of people's congress at various levels.
lawyers, and they may not, for seeking economic interests, act as agents ad
litem or defenders.
Chapter III Law Firms
law.
be independent in their professional activities according to law, and the
debt of such a law firm shall be secured with its total assets.
debt of such a law firm shall be secured with its total assets.
partners shall undertake unlimited and joint liability for their
partnership's debts.
the examination of the judicial administrative departments of people's
governments at the provincial level or above. A law firm's business license
shall be issued within 30 days after the receipt of the application if the
conditions provided for in this Law are satisfied; if the conditions
prescribed in this Law are not satisfied, no license shall be issued and the
applicant shall be notified in writing within 30 days after the receipt of
the application.
of such a branch office shall be subject to the examination by the judicial
administrative department of the people's government of the province,
autonomous region or municipality directly under the central government where
the branch office is to be set up. Said examination shall be conducted
according to the prescribed conditions.
name, domicile, constitution or partners of a law firm or in case of
disbandment of a law firm, the law firm shall submit it to the department
originally conducting the examination.
organize lawyers to develop their business, study law and the state's
policies and sum up and exchange work experiences.
exclusively by the law firm with the mandate contracts concluded with the
mandators and service fees collected in accordance with the state's
provisions and entered into the account book of the law firm.
to unjust tactics such as slandering other lawyers or paying introduction
commission.
Chapter IV Business, Rights and Duties of Practising Lawyers
to serve as their legal advisers;
serve as his representative in litigation;
them with legal consultancy, act on their behalf to make petitions or
complaints, and apply for them for bailing out for summons; accept the
mandate of criminal suspects or the defendants or the assignment of the
people's courts to serve as defenders; accept the mandate of prosecutors in
private prosecutions, victims in public prosecutions or their near relatives
to serve as their representatives in litigation;
various cases;
mediation and arbitration;
with legal assistance; and
connection with litigation or other legal matters.
responsibility to give advice on legal questions to the client, draft and
examine legal documents for it, represent it in litigation, mediation or
arbitration, handle other legal affairs entrusted by the client and safeguard
its lawful rights and interests.
matters, lawyers shall have the responsibility to safeguard the lawful rights
and interests of their clients within the scope of mandate.
on the basis of the facts and the law, advance materials and opinions proving
the innocence of the criminal suspect or the defendant, the pettiness of his
crime and the need for a mitigated punishment or exemption from criminal
responsibility, thus safeguarding the lawful rights and interests of the
criminal suspect or the defendant.
at law continue to defend him or serve as his legal representative and may
retain another lawyer as his defender or legal representative.
refuse to give defense or serve as representative, provided that the lawyer
has right to refuse to serve as defenders or legal representatives if the
entrusted matters are illegal, the party giving the mandate commits illegal
acts by taking advantage of the legal assistance provided by lawyer, or the
party giving the mandate hold back the facts.
with the provisions of the procedure law, collect and consult materials
relating to the current case, meet and correspond with persons in custody,
attend to the court and participate in the proceedings and have other rights
provided for by the procedure law.
defenders in litigation shall be guaranteed according to law.
undertaking legal affairs may inquire matters of them.
they carry out business.
secrets of their clients which they got to know in their business. They may
not divulge matters of personal privacy of their clients.
parties to a case.
following acts:
money or goods from clients;
the parties or accept money or goods from the other party;
relevant provisions;
prosecutors, arbitrators or other relevant persons, or instigate or induce
their clients to resort to bribes;
by promise of gain to give false evidence, hold back the facts, or obstruct
the other party lawfully obtaining evidence; or
normal process of litigation or arbitration.
courts or people's procuratorates, lawyers who were judges or public
procurators may not act as agents ad litem or defenders.
Chapter V Lawyers' Associations
status of a legal person. they are self-disciplinary organizations of
lawyers.
Association shall be established. Provinces, autonomous regions and
municipalities directly under the central government shall have their local
lawyers' associations. Districted cities may establish their local lawyers'
associations if necessary.
by the national congress of members of lawyers' associations and submitted to
the judicial administrative department of the State Council for filing.
place of their residence. Lawyers who have joined local lawyers' associations
are naturally members of All-China Lawyers' Association.
Constitution of Lawyers' Associations, enjoy and perform the rights and
duties provided for in the Constitution.
safeguard lawyers' legitimate rights and interests;
lawyers' professional ethics and disciplines;
activities; and
their lawyers rewards or disciplinary sanctions.
Chapter VI Legal Aids
support, industrial injury, criminal action, claim for state indemnity and
claim for paying pension according to law, and so on, he may, if he cannot
afford to pay the service fee, obtain the legal aid in accordance with the
state's provisions.
undertake the duties on legal aids, do their duties conscientiously and
provide the recipient person with legal service.
the judicial administrative department of the State Council and submitted to
the State Council for approval.
Chapter VII Legal Responsibility
administrative department of the people's government of the province,
autonomous region or municipality directly under the central government or
districted city shall give him a warning, or a punishment of business
suspension for a time period from three months to one year if the
circumstances are serious, and confiscate his illegal earnings, if any:
time;
other lawyers or paying introduction commission;
representative after accepting the mandate;
proceedings or arbitration on time;
clients;
accept money or goods from clients, take advantage of their business to seek
interests under dispute of the parties, or accept money or goods from the
other party;
relevant provisions, or give dinners or send gifts to the judges, public
prosecutors, arbitrators or other relevant persons;
normal process of the litigation or arbitration; and
revoked of their lawyer's business licenses by the judicial administrative
department of the people's government of province, autonomous region or
municipality directly under the central government, or, if a crime is
constituted, be investigated for criminal responsibility:
relevant persons, or instigate or induce their clients to resort to bribes;
or
others by promise of gain to give false evidence or hold back important
facts.
revoked of their lawyer's business licenses.
legal service, the public security organ shall order him to halt the illegal
business and confiscate his illegal earnings and may concurrently impose a
fine of not exceeding 5,000 yuan and a detention for a period of not
exceeding 15 days.
business of agents ad litem or defenders for the purpose of economic
interests, the judicial administrative department of the county-level or
higher local people's government in the place of the person's residence shall
order him to halt the illegal business and confiscate his illegal earnings
and may concurrently impose a fine from one to five times the illegal
earnings.
judicial administrative department of the province, autonomous region or
municipality directly under the central government shall order it to make
corrections and confiscate its illegal earnings and may concurrently impose a
fine from one to five times the illegal earnings or, if the circumstances are
serious, order it to suspend the business for rectification or revoke its
business license.
administrative punishment on him made by the judicial administrative
department may, within 15 days after receiving the decision, apply for
reconsideration to the judicial administrative department at the immediately
higher level; if he refuses to accept the reconsideration decision, he may,
within 15 days after receiving the reconsideration decision, institute a
lawsuit with the people's court; or he may institute a lawsuit with the
people's court directly.
institute a law suit with the people's court nor perform the decision on
fine, the judicial administrative department making the decision may apply to
the people's court for compulsory enforcement.
this Law or applying for the establishment of a law firm under Article 19 of
this Law refuses to accept the decision on withholding of the lawyer's
credential or business license, he may apply for reconsideration or institute
a lawsuit in accordance with the procedure stipulated in Paragraph 1.
business in violation of law or due to his fault, the law firm which the
lawyer belongs to shall be liable for the compensation. The law firm having
given the compensation shall have recourse against the lawyer who has
willful misconduct or culpable negligence.
civil liability they should bear for carrying out business in violation of
law or for their faults.
Chapter VIII Supplementary Provisions
legal service to the army with regard to the acquirement of lawyer's
credentials, lawyers' rights, duties and codes of conduct. The concrete
administrative measures for military lawyers shall be separately formulated
by the State Council and the Central Military Commission.
prescribed legal service established in China by foreign law firms shall be
formulated by the State Council.
shall be formulated by the judicial administrative department of the State
Council and submitted to the State Council for approval.
Interim Regulations of the People's Republic of China on Lawyers adopted on
August 26, 1980 by the 15th Meeting of the Standing Committee of the Fifth
National Congress shall cease to be in force thereupon.
URL: http://www.asianlii.org/cn/legis/cen/laws/ll129