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中华人民共和国律师法 THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON LAWYERS

2009-03-24 法律英语 来源:互联网 作者:
al earnings.

  Article 47 If a law firm commits any act in violation of this Law, the 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 circumstanc

es are serious, order it to suspend the business for rectification or revoke its business license.

  Article 48 The party who refuses to accept the decision of 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.

  If the party subjected to a fine neither applies for reconsideration or 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.

  If the applicant applying for a lawyer's credential under Article 11 of 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.

  Article 49 If a lawyer causes damage to his client by carrying out 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.

  Lawyers and law firms shall not exempt themselves from or restrict the civil liability they should bear for carrying out business in violation of law or for their faults.

  Chapter VIII Supplementary Provisions

  Article 50 This Law shall be applicable to military lawyers providing 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.

  Article 51 Administrative measures for institutions engaging in prescribed legal service established in China by foreign law firms shall be formulated by the State Council.

  Article 52 The measures for the collection of lawyers' service fees shall be formulated by the judicial administrative department of the State Council and submitted to the State Council for approval.

  Article 53 This Law shall enter into force on January 1, 1997. The 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

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