(a) support the constitution of People's Republic of China (PRC);
(2) Having full capacity for civil conduct;
(3) Good conduct;
(4) Having not been subjected to criminal punishment (except for negligent crimes);
(5) Having no record of being dismissed from public office or having his lawyer's practice certificate revoked;
(6) Obtaining a lawyer qualification certificate or a legal professional qualification certificate. (seven) meet other conditions stipulated in these rules.
Article 2 Application, examination and issuance of the Lawyer's Practice Certificate:
(1) A law firm that intends to receive an internship shall submit relevant application materials to the local provincial lawyers association after reviewing the following contents:
1. Internship application form filled out by the applicant;
2. Apply for the legal professional qualification certificate or lawyer qualification certificate of the intern;
3. Apply for an intern's ID card, and those who are not registered in this city shall submit the residence permit or temporary residence permit issued by the public security organ;
4. The resignation certificate issued by the intern's unit, or the unemployment certificate issued by the local township or street office; The file keeping certificate issued by the talent exchange center and other materials that prove that I can engage in the lawyer profession full-time;
5. Proof issued by the public security organ where the intern's household registration is located that he has not received criminal punishment (except negligent crime);
6. One-inch bareheaded color photo (blue background);
It is also attached with the explanation of the law firm that the law firm and the guidance lawyer to be appointed meet the conditions stipulated in these rules, and the internship agreement signed between the law firm and the applicant.
To accept the internship application of a person who intends to engage in a part-time job as a lawyer, in addition to the above-mentioned relevant materials, it shall also submit the certification materials issued by the law department or legal research unit of the university where the applicant belongs to agree to his internship.
The original and 1 copy of the above materials are required. With the consent of the Provincial Lawyers Association, the original is returned, and the copy is stamped with the seal consistent with the original, which is included in the applicant's internship file together with other application materials.
(two) to receive the "lawyer's internship certificate"
1, the provincial lawyers association shall, within 20 working days from the date of receiving the application materials, complete the examination of the conditions of the applicant, the law firm receiving the internship and the guiding lawyer. If the internship is agreed, the internship certificate of the lawyer applicant shall be issued and reported to the Provincial Lawyers Association for the record; If you disagree with the internship, notify the law firm and the applicant in writing and tell the reasons.
2. The Application for Lawyer's Internship Certificate is uniformly printed by the National Lawyers Association and numbered by the provincial lawyers association. The numbering sequence is: province code-city code-year of issuance of internship certificate-gender (male 1, female 2)- full-time and part-time (full-time 1, part-time 2)-4-digit serial number.
Article 3 If an intern loses or damages the Application for Lawyer's Practice Certificate during the internship period, the law firm accepting the internship shall apply to the provincial lawyers association for a replacement or renewal.
Article 4 The internship period is one year, including centralized training and practical training. The internship period is calculated from the date specified in the application for lawyer's internship certificate.
If an intern gives up his internship, is dismissed by a law firm or is transferred from his internship post without justifiable reasons during the internship period, the internship that has been carried out is invalid, and his internship qualification will be cancelled by the Provincial Lawyers Association.
Interns whose practice is interrupted due to the loss of acceptance conditions or the slow performance of guidance duties by law firms or guidance lawyers may apply for transfer to other firms within 30 days after the interruption. Re-apply for internship in the transfer institute according to the provisions of these rules. The internship that has been carried out is valid, and the internship period is calculated continuously.
Article 5 During the internship, interns shall complete the prescribed internship contents and establish internship records.
Sixth interns should accept the centralized training organized by the Provincial Lawyers Association, and the Provincial Lawyers Association can also entrust the Provincial Lawyers Association to organize centralized training.
(1) Intensive training lasts for 30 days. The training content is arranged according to the outline of centralized training for lawyers of the National Lawyers Association.
(two) after the centralized training, the lawyers association will organize the training and assessment of interns. The examination can be conducted by combining written examination with interview. The assessment content is determined according to the centralized training outline.
(3) If the interns pass the examination, the lawyers' association that organizes the training will issue a certificate of centralized training for interns; Those who fail the examination should re-participate in the centralized training next year.
(4) During the intensive training, if the interns are absent from classes for more than 1/5 courses, the training qualification will be cancelled.
Article 7 An intern shall not commit any of the following acts during his internship:
(1) Negotiating, signing contracts and undertaking business in the name of lawyers;
(2) Printing business cards and other relevant materials in the name of lawyers;
(3) Lending, leasing, mortgaging, transferring or altering the practice certificate of a legal practitioner;
(four) do not obey the supervision and management of law firms and guidance lawyers;
(five) do not comply with the centralized training discipline;
(six) other acts that do not meet the requirements of internship or damage the professional image of lawyers.
Article 8 After the internship expires, the law firm that accepts the internship shall submit the following materials to the local provincial lawyers association:
Internship summary written by interns;
(2) internship log;
(three) to guide lawyers to evaluate the integrity and practice ability of interns;
(4) the practice appraisal certificate issued by the law firm;
(5) certificate of completion of intensive training for interns;
(6) Application form for lawyer's practice certificate.
Article 9 The lawyers' association of a city under the jurisdiction of a province shall conduct assessment and evaluation within 5 working days from the date of receiving the materials. If the students pass the examination, the provincial lawyers association shall sign the qualified opinions on the "Intern Registration Form", which shall be used as the valid certificate for the interns to apply for the lawyer's practice certificate.
Article 10 If an intern has one of the circumstances specified in Article 7 of these Rules or the internship content does not meet the requirements of the Practice Training Guide for Lawyers Practitioners of the National Lawyers Association, it shall be deemed as unqualified in the internship assessment, and the intern shall re-practice or the internship relationship shall be dissolved by the law firm.
Eleventh interns fail to pass the examination, the provincial lawyers association will make a decision, and the law firm will notify the interns themselves.
Twelfth interns have one of the circumstances stipulated in Article 7 of these rules and the circumstances are serious, and the provincial lawyers association shall order them to stop their internship, and the internship has been invalid. If the circumstances are serious, you may not apply for internship again within two years.
Ordered to stop the internship, decided by the provincial lawyers association. The decision shall specify the name of the intern, the start date of the internship, the reason and date for ordering to stop the internship, and the time limit for not applying for the internship again.
The decision to stop the internship shall be served by the law firm to the interns. If it cannot be delivered, it shall be delivered by announcement.
Thirteenth interns who are dissatisfied with the internship evaluation made by the Provincial Lawyers Association or the decision to stop the internship may apply to the Provincial Lawyers Association for review. The Provincial Lawyers Association shall conduct a review within three months from the date of receiving the application and make a final decision. The final decision of the Provincial Lawyers Association is delivered to the interns by the law firm. If it cannot be delivered, it shall be delivered by announcement.
Article 14 The decision to stop internship shall be filed with the judicial administrative organ at the same level within 10 working days from the date it is made.
Fifteenth provincial lawyers association shall publicize the interns who have passed the examination in the documents or websites of the local lawyers association. The publicity period is one month.
Sixteenth interns who have passed the examination shall apply to the judicial administrative organ for practicing lawyer qualification within three years from the date of expiration of the publicity period. Those who have applied for more than three years will be given intensive training again, and the Provincial Lawyers Association will check their moral performance during the period when they have not applied for practice, and make an assessment conclusion. Article 1 The contents of the internship agreement signed by a law firm and interns shall comply with the relevant provisions of the National Lawyers Association.
Article 2 A law firm may not accept interns under any of the following circumstances:
(a) there is no guidance lawyer who meets the prescribed conditions;
(2) Being punished for suspending business for rectification or being punished by the industry for less than six months;
(3) Being punished for suspending business for rectification, and the penalty period has not expired for more than one year;
(D) Internal management confusion is not conducive to internship.
Article 3 A law firm shall perform the following duties of supervision and administration:
(a) to apply for a lawyer's internship certificate for interns;
(2) Supervise the guidance lawyers, arrange interns to receive clients' consultation for not less than 15 times, and follow the guidance lawyers to participate in trial or non-litigation activities for not less than 3 times;
(3) Organizing interns to participate in political studies and business seminars of the Institute;
(4) Organizing interns to participate in centralized training;
(five) review the internship records of interns once every quarter;
(six) to provide necessary conditions and guarantees for interns' internship activities.
Article 4 If a law firm considers that an intern's moral character or practice ability is not suitable for practicing as a lawyer, it shall terminate the internship relationship in time.
Article 5 In any of the following circumstances, a law firm shall be ordered by the provincial lawyers association to stop accepting interns:
(1) Accepting interns in violation of the Provisions of all china lawyers association Municipality on the Administration of Lawyers' Internship;
(2) Arranging a lawyer who does not meet the requirements stipulated in the Rules for the Administration of Internship of Lawyers as a guiding lawyer;
(3) Failing to urge and guide lawyers to perform the tasks and responsibilities stipulated in the Rules for the Administration of Internship of Lawyer Applicants, so that interns can't complete the internship tasks stipulated in the Practice Training Guide for Lawyer Applicants during their internship;
(four) the provincial lawyers association decided to order the interns to stop their internship, but did not stop their internship activities;
(five) after the expiration of the internship, the internship appraisal is not issued within the specified time;
(six) the appraisal materials and evaluation opinions issued by law firms and guidance lawyers for interns are inconsistent with the actual situation;
(7) Failing to terminate the internship relationship in time for interns whose moral conduct does not meet the professional requirements of lawyers;
(eight) to terminate the internship relationship with the intern and not to file with the Provincial Lawyers Association;
(nine) other acts of failing to guide and manage interns and guiding lawyers. Article 1 A guiding lawyer shall meet the following conditions:
(a) practicing for more than five years;
(2) Having high professional ethics and no bad practice record;
(3) Having a high level of practice.
No more than two interns can be instructed by the guiding lawyer at the same time.
Article 2 The duties of guiding lawyers are:
(1) Educating interns on lawyers' professional ethics and practice discipline;
(two) to guide interns to understand and master the lawyer management system;
(three) to guide interns to understand and master the rules and norms of lawyer practice;
(4) arranging interns to study and handle lawyer business, and guiding interns to carry out basic training in lawyer practice;
(5) Assessing the interns' conduct and practical ability;
(six) other guidance and supervision of interns;
(seven) shall not require interns to deal with matters unrelated to the internship. Article 1 In addition to other provisions of these Rules, the guidance and management of the internship activities of the lawyers' associations in provinces and municipalities shall also perform the following duties:
(a) to organize law firms and guidance lawyers to learn and master the relevant provisions on the management of interns, organize law firms and guidance lawyers to exchange guidance and management experience, and carry out commendation activities;
(2) Organizing interns to carry out exchange activities and commending outstanding interns;
(three) other work to promote and standardize the practice management.
Article 2 The lawyers' associations of provinces and municipalities shall establish internship files for interns. If an intern is approved to apply for practicing as a lawyer, the internship file shall be included in his practice file, and the internship file shall be kept permanently before being approved to apply for practicing as a lawyer.
Article 3. The interns shall be ordered to stop their internship, and the publicity and results of the intern assessment shall be filed with the Provincial Lawyers Association within 30 working days.
Article 4 The lawyers' association of a city under the jurisdiction of a province shall set up an "internship management committee" or designate other institutions to undertake specific internship management responsibilities.
Article 5 The lawyers' association shall accept the guidance and management of the internship by the judicial administrative organ at the same level and the lawyers' association at a higher level. Work log, closing report