爱华网CHAPTER I GENERAL PROVISIONS
CHAPTER II CONDITIONS OF PRACTICE BY LAWYERS
CHAPTER III LAW FIRMS
CHAPTER IV BUSINESS, RIGHTS AND OBLIGATIONS OF PRACTISING LAWYERSCHAPTER V LAWYERS ASSOCIATIONS
CHAPTER VI LEGAL AID
CHAPTER VII LEGAL LIABILITY
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 1 This Law is enacted in order to improve the systemgoverning lawyers, to ensure that lawyers practise according tolaw, to standardize acts of lawyers, to safeguard the lawful rightsand interests of parties, to ensure the correct implementation oflaw, and to enable lawyers to play a positive role in thedevelopment of the socialist legal system.
Article 2 The term "lawyer" as used in this Law means apractitioner who has acquired a lawyer's practice certificatepursuant to law and provides legal services to the public.
Article 3 In his practice, a lawyer must abide by the Constitutionand law, and strictly observe lawyers' professional ethics andpractice discipline.
In his practice, a lawyer must base himself on facts and take lawas the criterion.
Practice by lawyers shall be subject to supervision of the State,society and the parties concerned.
Lawful practice by lawyers shall be protected by law.
Article 4 The judicial administration department under the StateCouncil shall supervise and guide lawyers, law firms and lawyersassociations in accordance with this Law.
CHAPTER II CONDITIONS OF PRACTICE BY LAWYERS
Article 5 To practise law, a person shall acquire qualification asa lawyer and a practice certificate.
Article 6 The State institutes a system of uniform nationalexamination for the qualification as a lawyer. The qualification asa lawyer shall be granted by the judicial administration departmentunder the State Council to a person who has acquired three yearslegal education in an institution of higher learning, or moreeducation or attained an equivalent professional level, or hasacquired an undergraduate education in another major in aninstitution of higher learning, or more education, and has passedthe examination for the qualification as a lawyer.
Measures for the uniform national examination for the qualificationas a lawyer shall be formulated by the judicial administrationdepartment under the State Council.
Article 7 A person applying to practise law who has acquired anundergraduate legal education in an institution of higher learning,or more education, who is engaged in professional work such aslegal research and teaching, and who has a senior professionaltitle or is of an equivalent professional level, shall be grantedthe qualification as a lawyer, upon approval by the judicialadministration department under the State Council after evaluationand verification in accordance with the prescribedconditions.
Article 8 A person who upholds the Constitution of the People'sRepublic of China and meets the following conditions may apply to obtain alawyer's practice certificate:
(1) possessing the qualification as a lawyer;
(2) having had practice training at a law firm for a full year;and
(3) being a person of good character and conduct.
Article 9 A person in any one of the following situations shall notbe issued a lawyer's practice certificate:
(1) having no capacity for civil acts or having limited capacityfor civil acts;
(2) having been subjected to criminal punishment, except for acrime of negligence; or
(3) having been discharged from public employment or having had hislawyer's practice certificate revoked.
Article 10 A person applying to obtain a lawyer's practicecertificate shall submit the following documents:
(1) an application;
(2) a lawyer qualification certificate;
(3) evaluation materials on practice training prepared by theapplicant's law firm; and
(4) a copy of the applicant's certificate of identity.
Article 11 A person applying to obtain a lawyer's practicecertificate who, upon examination and verification by the judicialadministration department of the people's government at or abovethe level of the province, autonomous region or municipalitydirectly under the Central Government, is considered to meet theconditions provided for in this Law shall be issued by thedepartment a lawyer's practice certificate within 30 days ofreceiving the application. If the applicant fails to meet theconditions provided for in this Law, he shall not be issued alawyer's practice certificate and shall be notified of the matterin writing within 30 days of receiving his application.
Article 12 A lawyer shall practise in one law firm and shall notpractise in two or more law firms simultaneously.
A lawyer's practice is not subject to regional restriction.
Article 13 Any of the active working personnel of a State organshall not concurrently practise as a lawyer.
A lawyer shall not practise law while serving as a member of astanding committee of a people's congress at any level.
Article 14 A person who has not obtained a lawyer's practicecertificate shall not practise law under the title of "lawyer" oract as agent ad litem or defend a client for the purpose of seekingeconomic benefit.
Article 15 A law firm is the organization in which lawyerspractise.
A law firm shall meet the following conditions:
(1) to have its own name, domicile and articles ofassociation;
(2) to have assets of RMB 100,000 yuan or more; and
(3) to have lawyers who conform to the provisions of thisLaw.
Article 16 A law firm established with the capital contributionfrom the State shall be independent in its practice pursuant to lawand shall undertake liability for its debts with its entireassets.
Article 17 Lawyers may establish cooperative law firms, which shallundertake liability for their debts with their entire assets.
Article 18 Lawyers may establish partnership law firms. Thepartners shall undertake unlimited and joint and several liabilityfor the debts of the law firm.
Article 19 Persons applying to establish a law firm who, afterexamination and verification by the judicial administrationdepartment of the people's government at or above the level of theprovince, autonomous region or municipality directly under theCentral Government, are considered to meet the conditions providedfor in this Law shall be issued by the department a law firmpractice certificate within 30 days of receiving the application.Those who fail to meet the conditions provided for in this Lawshall not be issued a law firm practice certificate and shall benotified of the matter in writing within 30 days of receiving theapplication.
Article 20 A law firm may establish branch offices. Theestablishment of a branch office shall be subject to examinationand verification conducted in accordance with the prescribedconditions by the judicial administration department of thepeople's government of the province, autonomous region ormunicipality directly under the Central Government where theproposed branch office is to be located.
A law firm shall undertake liability for the debts of a branchoffice it has established.
Article 21 A law firm shall report to the original examination andverification department changes it wishes to make in importantmatters such as its name, domicile, articles of association, andpartners, or dissolution of the firm.
Article 22 A law firm shall, in accordance with the articles ofassociation, arrange for lawyers to carry out business, study lawsand State policies, and summarize and exchange workexperience.
Article 23 When lawyers undertake business, their law firm shallcentrally accept authorization, sign written authorizationcontracts with the clients and, in accordance with Stateregulations, collect fees from the parties and truthfully enterthem in its accounts.
Law firms and lawyers shall pay tax in accordance with law.
Article 24 Law firms and lawyers shall not solicit business byunfair means such as slandering other lawyers or paying middleman'sfees.
CHAPTER IV BUSINESS, RIGHTS AND OBLIGATIONS OF PRACTISINGLAWYERS
Article 25 A lawyer may engage in the following business:
(1) to accept engagement by citizens, legal persons or otherorganizations to act as legal counsel;
(2) to accept authorization by a party in a civil or administrativecases to act as agent ad litem and participate in theproceedings;
(3) to accept engagement by a criminal suspect in a criminal caseto provide him with legal advice and represent him in filing apetition or charge or obtaining a guarantor pending trial; toaccept authorization by a criminal suspect or defendant or acceptappointment by a People's Court to act for the defense; and toaccept authorization by a private prosecutor in a case of privateprosecution or by the victim or his close relatives in a case ofpublic prosecution to act as agent ad litem and participate in theproceedings;
(4) to represent clients in filing petition in all types oflitigation;
(5) to accept authorization by a party to participate in mediationand arbitration activities;
(6) to accept authorization by a party involved in non-litigationlegal matters to provide legal services; and
(7) to answer inquiries regarding law and to represent clients inwriting litigation documents and other documents regarding legalmatters.
Article 26 A lawyer acting as legal counsel shall provide opinionsregarding legal issues to the person who has engaged him, draft andreview legal documents, act as agent to participate in litigation,mediation or arbitration activities, handle other legal mattersauthorized by the person who has engaged him, and protect thelawful rights and interests of the person who has engagedhim.
Article 27 A lawyer acting as agent in litigation or non-litigationlegal matters shall, within the limits of authorization, protectthe lawful rights and interests of the client.
Article 28 A lawyer representing a defendant in a criminal caseshall present, on the basis of facts and law, materials andarguments to prove that a criminal suspect is innocent or is lessguilty than charged, or that his criminal responsibility should bereduced or relieved, in order to protect the lawful rights andinterests of the criminal suspect or defendant.
Article 29 A client may refuse to be further defended orrepresented by a lawyer, and may authorize another lawyer to act inhis defense or to represent him.
After accepting authorization, a lawyer shall not, without goodreason, refuse to defend or to represent a client. However, if thematter authorized violates law, the client uses the serviceprovided by the lawyer to engage in illegal activities or theclient conceals facts, the lawyer shall have the right to refuse todefend or to represent the client.
Article 30 A lawyer participating in litigation activities may,according to the provisions of procedure laws, collect and consultthe materials pertaining to the case he is undertaking, meet andcorrespond with a person whose personal freedom is restricted,appear in court, participate in litigation, and enjoy other rightsprovided for in the procedure laws.
When a lawyer acts as agent ad litem or defend clients, his rightto argue or present a defense shall be protected in accordance withlaw.
Article 31 When undertaking legal matters, a lawyer may, with theconsent of the relevant units or individuals, address inquiries tosuch units or individuals.
Article 32 In practice activities, a lawyer's right of the personshall not be violated.
Article 33 A lawyer shall keep confidential secrets of the Stateand commercial secrets of the parties concerned that he comes toknow during his practice activities and shall not divulge theprivate affairs of the parties concerned.
Article 34 A lawyer shall not represent both parties involved inthe same case.
Article 35 A lawyer shall not commit any of the following acts inhis practice activities:
(1) to accept authorization privately, charge fees to the clientprivately, or accept money or things of value from theclient;
(2) to seek the disputed rights and interests of a party or acceptmoney or things of value from the opposing party by takingadvantage of providing legal services;
(3) to meet with a judge, prosecutor, or arbitrator in violation ofregulations;
(4) to entertain and give gifts to a judge, prosecutor, arbitratoror other relevant working personnel or bribe them, or instigate orinduce a party to bribe them;
(5) to provide false evidence, conceal facts or intimidate orinduce another with promise of gain to provide false evidence,conceal facts, or obstruct the opposing party's lawful obtaining ofevidence; or
(6) to disrupt the order of a court or an arbitration tribunal, orinterfere with the normal conduct of litigation or arbitrationactivities.
Article 36 A lawyer who once served as a judge or prosecutor shallnot act as agent ad litem or defend clients within two years afterleaving his post in the People's Court or the People'sProcuratorate.
Article 37 A lawyers association is a public organization with thestatus of a legal person and shall be the lawyers'self-disciplinary organization.
The All-China Lawyers Association is established at the nationallevel, while local lawyers associations are established byprovinces, autonomous regions, and municipalities directly underthe Central Government. Local lawyers associations may beestablished according to need by cities divided intodistricts.
Article 38 The articles of association of lawyers associations areformulated centrally by the national congress of the members andsubmitted to the judicial administration department under the StateCouncil for the record.
Article 39 A lawyer must join his local lawyers association. Alawyer who has joined his local lawyers association is at the sametime a member of the All-China Lawyers Association.
In accordance with the articles of association of lawyersassociation, members of lawyers associations shall enjoy the rightsgranted by, and perform the obligations specified in, the articlesof association.
Article 40 Lawyers associations shall perform the followingduties:
(1) assuring that lawyers practise according to law and protectinglawyers' lawful rights and interests;
(2) summarizing and exchanging lawyers' work experience;
(3) organizing professional training for lawyers;
(4) conducting education in, inspection of, and supervision over,the professional ethics and practice discipline of lawyers;
(5) making arrangements for exchanges between Chinese and foreignlawyers;
(6) mediating disputes arising in lawyers' practice activities;and
(7) other duties prescribed by law.
Lawyers associations shall give awards to or take disciplinarymeasures against lawyers in accordance with the articles ofassociation.
Article 41 A citizen who needs the assistance of lawyers in respectof matters such as livelihood support, work-related injuries,criminal procedure, claims for State compensation or claims forlawful payment of pensions for the disabled or families of thedeceased, but cannot afford lawyers fees, may obtain legal aid inaccordance with State regulations.
Article 42 A lawyer must undertake the duty of legal aid inaccordance with State regulations, and provide the recipient withlegal services in fulfilment of his duty and responsibility.
Article 43 Specific measures for legal aid shall be formulated bythe judicial administration department under the State Council andsubmitted to the State Council for approval.
Article 44 If a lawyer commits any of the following acts, thejudicial administration department of the people's government of aprovince, autonomous region, municipality directly under theCentral Government or a city divided into districts shall issue adisciplinary warning; where the case is serious, the saiddepartment shall impose a penalty of cessation of practice for noless than three months and no more than one year; and any illegalincome shall be confiscated:
(1) simultaneously practising in two or more law firms;
(2) representing both parties involved in the same case;
(3) soliciting business by unfair means such as slandering otherlawyers or paying middleman's fees;
(4) refusing to defend or represent a client, without good reason,after accepting authorization;
(5) failing to appear in court on schedule to participate inlitigation or arbitration without good reason;
(6) divulging commercial secrets or private affairs of a partyconcerned;
(7) accepting authorization privately, charging fees to a clientprivately, accepting money or things of value from a client orusing the provision of legal services to seek the disputed rightsand interests of a party concerned or accepting money or things ofvalue from the opposing party;
(8) meeting with a judge, prosecutor or arbitrator in violation ofregulations or entertaining and giving gifts to a judge,prosecutor, arbitrator or other relevant working personnel;
(9) obstructing the opposing party's lawful obtaining ofevidence;
(10) disrupting the order of a court or arbitration tribunal, orinterfering with the normal conduct of litigation or arbitrationactivities; or
(11) other acts in respect of which penalties should beimposed.
Article 45 If a lawyer commits any of the following acts, thejudicial administration department of the people's government of aprovince, autonomous region, or municipality directly under theCentral Government shall revoke his practice certificate; where thecase constitutes a crime, criminal responsibility shall be pursuedaccording to law;
(1) divulging State secrets;
(2) bribing a judge, prosecutor, arbitrator or other relevantworking personnel or instigating or inducing a party to do so;or
(3) providing false evidence, concealing important facts orintimidating or inducing another with promise of gain to providefalse evidence or conceal important facts.
Where a lawyer is subjected to criminal punishment for anintentional crime, his lawyer's practice certificate shall berevoked.
Article 46 A person who impersonates a lawyer and provides legalservices shall be ordered by the public security authorities tocease the illegal practice of law, which shall confiscate hisillegal income and may also impose a fine of no more than 5,000yuan and detention of no more than 15 days.
A person who has not obtained a lawyer's practice certificate butengages in the business of acting as agent ad litem or defendingclients for the purpose of seeking economic benefit shall beordered to cease the illegal practice of law by the judicialadministration department of the local people's government at orabove the county level, which shall confiscate any illegal incomeand may also impose a fine of no less than one and no more thanfive times the amount of the illegal income.
Article 47 A law firm that commits an act in violation of theprovisions of this Law shall be ordered to set it right by thejudicial administration department of the people's government of aprovince, autonomous region, or municipality directly under theCentral Government, which shall confiscate any illegal income andmay also impose a fine of no less than one and no more than fivetimes the amount of the illegal income; where the case is serious,the law firm shall be ordered to cease practice for consolidationor its practice certificate shall be revoked.
Article 48 If a person on whom a penalty has been imposed does notaccept the decision on the administrative penalty rendered by thejudicial administration department, he may apply forreconsideration to the judicial administration department at thenext higher level within 15 days of receiving the decision. If hedoes not accept the reconsideration decision, he may bring alawsuit in a People's Court within 15 days of receiving thereconsideration decision. He may also directly bring a lawsuit in aPeople's Court.
If a person who has been fined neither applies for reconsideration,institutes administrative proceedings, nor performs the penaltydecision, the judicial administration department that rendered thepenalty decision may apply to a People's Court forenforcement.
If an application is made for a lawyer's practice certificateaccording to Article 11 of this Law or application is made forapproval to establish a law firm in accordance with Article 19 ofthis Law, and the applicant does not accept the decision not toissue a lawyer's practice certificate or a practice certificate forthe law firm, he may apply for reconsideration or bring a lawsuitpursuant to the procedure provided by the first paragraph of thisArticle.
Article 49 If a lawyer practises illegally or causes losses to aparty due to his fault, the law firm in which he practises shallbear the liability for compensation. After paying compensation, thelaw firm may claim recovery from the lawyer that actedintentionally or committed gross negligence.
Lawyers and law firms may not be relieved of or limited in thecivil liability that they shall bear for the losses caused to aparty due to illegal practice of law or fault.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 50 With respect to lawyers who serve in the military andprovide legal services to the military, their obtaining of thequalification as a lawyer, their rights, obligations and code ofconduct as a lawyer shall be governed by this Law. Specificmeasures for administration of military lawyers shall be formulatedseparately by the State Council and the Central MilitaryCommission.
Article 51 Specific measures governing the establishment of officesby foreign law firms to engage in prescribed legal serviceactivities within the territory of the People's Republic of Chinashall be formulated by the State Council.
Article 52 Specific measures on lawyers fees shall be formulated bythe judicial administration department under the State Council andsubmitted to the State Council for approval.
Article 53 This Law shall be effective as of January 1, 1997. TheInterim Regulations of the People's Republic of China on Lawyersadopted at the 15th Meeting of the Standing Committee of the FifthNational People's Congress on August 26, 1980 shall be repealed atthe same time.
