(Promulgated by Decree No.2005 of 2004) The Ministry of Justice 1 12 was promulgated on July 8, 2008, and revised by DecreeNo. 102 of July 5, 2008. 134 Ministry of Justice September 18, 20 16)

Chapter one? General rule

Article 1 These Measures are formulated in accordance with the provisions of the Lawyers Law of People's Republic of China (PRC) (hereinafter referred to as the Lawyers Law) and other relevant laws and regulations in order to standardize lawyers' practice licenses, ensure lawyers' practice according to law and strengthen the supervision and management of lawyers' practice.

Article 2 Lawyers should regard supporting China's leadership and socialist rule of law as the basic requirements for their practice. Through practice, lawyers should safeguard the legitimate rights and interests of the parties, the correct implementation of the law and social fairness and justice.

Article 3 Lawyers' practice according to law is protected by law, and no organization or individual may infringe upon the lawful rights and interests of lawyers. Judicial administrative organs and lawyers' associations shall safeguard lawyers' practice rights according to law.

Article 4 The judicial administrative organs shall supervise and guide lawyers' practice in accordance with the Lawyers Law and these Measures. Lawyers' Association shall, in accordance with the Lawyers Law, the articles of association and industry norms, exercise industry self-discipline in the practice of lawyers.

Article 5 The judicial administrative organs and lawyers' associations shall establish and improve the system of commendation and reward for lawyers, and set up comprehensive and single commendation projects in accordance with relevant regulations to commend and reward lawyers who have made outstanding contributions to safeguarding the legitimate rights and interests of the people, promoting economic and social development and building a country ruled by law.

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Chapter II Conditions for Lawyers' Practice

Article 6 To apply for practicing as a lawyer, the following conditions shall be met:

(a) Support the Constitution of People's Republic of China (PRC);

(2) Obtaining the legal professional qualification certificate through the national unified judicial examination;

(3) Having worked as an intern in a law firm for one year;

(4) Good conduct.

The lawyer qualification certificate obtained before the implementation of the national unified judicial examination has the same effect as the legal professional qualification certificate when applying for lawyer practice.

Those who enjoy the relevant registration conditions and preferential measures for passing the national unified judicial examination and obtain the legal professional qualification certificate shall be handled in accordance with the relevant provisions.

Persons who apply for practicing as lawyers shall participate in the internship activities organized by the Lawyers Association in accordance with the provisions and pass the examination by the Lawyers Association.

Article 7 To apply for practicing as a part-time lawyer, the following conditions shall be met in addition to those stipulated in Article 6 of these Measures:

(a) to engage in legal education and research in institutions of higher learning and scientific research institutions;

(two) with the consent of the unit.

Article 8 To apply for the qualification as a practicing lawyer, one shall meet the requirements of the Lawyers Law and the relevant provisions of the State Council.

Article 9 A lawyer's practice certificate shall not be issued under any of the following circumstances:

(1) Having no or limited capacity for civil conduct;

(2) Having been subjected to criminal punishment, except for negligent crimes;

(3) Being expelled from public office or having his lawyer's practice certificate revoked.

Chapter III Procedures for Licensing Lawyers' Practice

Article 10 A lawyer's practice license shall be accepted by the district (county) judicial administrative organ of a city divided into districts or a municipality directly under the Central Government. After preliminary examination, it shall be submitted to the judicial administrative organ of a province, autonomous region or municipality directly under the Central Government for examination and approval, and a decision shall be made on whether to approve the practice.

Article 11 To apply for practicing as a lawyer, the following materials shall be submitted to the judicial administrative organ of a city divided into districts or a district (county) of a municipality directly under the Central Government:

(1) Application for practicing;

(2) Legal professional qualification certificate or lawyer qualification certificate;

(3) Materials issued by the Lawyers Association that the applicant has passed the internship examination;

(4) the identity certificate of the applicant;

(5) A certificate issued by the law firm agreeing to accept the applicant.

When applying for a practice license, the applicant shall truthfully fill in the lawyer's practice registration form.

Article 12 To apply for practicing as a part-time lawyer, in addition to the relevant materials specified in Article 11 of these Measures, the following materials shall also be submitted:

(1) Experience and supporting materials in legal education and research in institutions of higher learning and scientific research;

(two) the unit agreed to the applicant's part-time lawyer's practice certificate.

Article 13 The judicial administrative organ of a city divided into districts or a district (county) of a municipality directly under the Central Government shall handle the applicant's application for lawyer practice according to the following circumstances:

(1) If the application materials are complete and conform to the statutory form, it shall be accepted.

(2) If the application materials are incomplete or inconsistent with the statutory form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five days from the date of receiving the application materials. If the applicant makes corrections as required, it shall be accepted; Fails to inform, since the date of receipt of the application materials is accepted.

(3) If the application matters obviously do not meet the statutory requirements or the applicant refuses to make corrections or cannot make corrections to the relevant materials, it shall not be accepted, and the reasons shall be explained to the applicant in writing.

Article 14 The judicial administrative organ that accepts an application shall complete the examination of the application materials within 20 days from the date of deciding to accept it.

In the process of examination, the opinions of the judicial administrative organs at the county level that apply for practice may be solicited; If it is necessary to investigate and verify the relevant information, the applicant may be required to provide relevant certification materials, or the judicial administrative organ at the county level may be entrusted to verify it.

After examination, issue examination opinions on whether the applicant meets the statutory requirements and whether the submitted materials are true and complete, and submit the examination opinions and all application materials to the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government.

Fifteenth provinces, autonomous regions and municipalities directly under the central government, the judicial administrative organs shall, within ten days from the date of receiving the examination opinions and all the application materials submitted by the organ accepting the application, make a decision on whether to approve the practice.

If a lawyer is allowed to practice law, a lawyer's practice certificate shall be issued to the applicant within 10 days from the date of decision.

If it is not allowed to practice, it shall explain the reasons in writing to the applicant.

Article 16 The materials, acceptance and examination and approval procedures to apply for practicing lawyer shall be handled in accordance with the relevant provisions of the State Council.

Article 17 An applicant may not practice as a lawyer under any of the circumstances stipulated in Article 9 of these Measures.

Article 18 A lawyer's practice certificate is an effective certificate for lawyers to practice according to law.

The contents, production specifications and the method for compiling the certificate number of a lawyer's practice certificate shall be stipulated by the Ministry of Justice. The practicing certificate shall be uniformly produced by the Ministry of Justice.

Article 19 Under any of the following circumstances, the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government that made the decision to grant the applicant practice shall revoke the original decision to grant practice:

(1) The applicant obtains the decision to approve the practice by fraud, bribery or other improper means;

(2) granting practice to an applicant who does not meet the statutory requirements or making a decision on granting practice in violation of legal procedures.

Article 20 A lawyer who intends to change his practice institution shall apply to the judicial administrative organ of the city or municipality (county) where he intends to change his practice institution, and submit the following materials:

(a) the certificate issued by the judicial administrative organ at the county level where the original practice institution is located that the applicant does not exist in the circumstances specified in Article 21 of these Measures;

(2) the certificate of termination of employment or partnership with the original practice institution and completion of business, archives, finance and other handover procedures;

(3) The practicing institution to be changed agrees to accept the applicant's certificate;

(4) Proof materials of the applicant's practice experience.

The accepting organ shall issue examination opinions on the application for change and the submitted materials, and submit them to the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government for examination together with all the application materials. If the change is approved, the examination and approval authority shall renew the lawyer's practice certificate for the applicant; If the change is not approved, the reasons shall be explained in writing to the applicant. The procedures and time limits for approval and replacement shall be handled with reference to the provisions of Articles 14 and 15 of these Measures.

If the change is approved, the applicant shall submit the original practice certificate to the original examination and issuance authority before receiving the new practice certificate.

Where a lawyer changes his practice institution across a city divided into districts or a province, autonomous region or municipality directly under the Central Government, the judicial administrative organ of the place where the original practice institution is located and the place where the changed practice institution is located shall hand over the lawyer's practice file.

Twenty-first lawyers who have been punished for stopping practicing or are under investigation and handling complaints may not apply for changing their practice institutions; If the time limit for the law firm to be punished for suspension of business for rectification is not expired, the directly responsible person in charge, partners and lawyers of the law firm to be punished for suspension of business for rectification shall not apply for changing the practice institution; Where a law firm should be terminated, the persons directly responsible, partners and lawyers whose practice licenses have been revoked may not apply for changing their practice institutions before the liquidation and cancellation are completed.

Article 22 Where a lawyer is appointed by a law firm to practice in a branch office, the renewal and management measures of his lawyer's practice certificate shall be handled in accordance with the relevant provisions of the Ministry of Justice.

Twenty-third lawyers in any of the following circumstances, by the original examination and issuing authority where the practice is located to recover and cancel their lawyer's practice certificate:

(1) Being punished by revoking the lawyer's practice certificate;

(2) The original decision to grant practice has been revoked according to law;

(three) because I no longer engage in the profession of lawyers and apply for cancellation;

(four) due to the termination of the employment contract with the law firm or the cancellation of the law firm, it has not been employed by another law firm within six months;

(5) termination of lawyer's practice for other reasons.

If a person whose lawyer's practice certificate has been cancelled due to the circumstances mentioned in Items (3), (4) and (5) of the preceding paragraph applies for practicing as a lawyer again, he shall apply for practicing as a lawyer in accordance with the procedures prescribed in these Measures.

A lawyer may not apply for cancellation of his practice certificate while being investigated by judicial organs, judicial administrative organs and lawyers' associations.

Code of Practice for Lawyers Article 24 Lawyers must abide by the Constitution and laws, abide by the professional ethics and discipline of lawyers, practice according to law, practice in good faith and standardize their practice.

Lawyers' practice must be based on facts and take the law as the criterion.

Lawyers' practice should be supervised by the state, society and the parties concerned.

Article 25 A lawyer may engage in the following businesses:

(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;

(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;

(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;

(four) to accept the entrustment and represent the complaints of various litigation cases;

(five) to accept the entrustment and participate in mediation and arbitration activities;

(6) Accepting entrustment to provide non-litigation legal services;

(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.