全国人民代表大会常务委员会关于修改《中华人民共和国律师法》的决定 附：修正本 Decision of the Standing Committee of the National Peoples Co

颁布日期：20011229 　实施日期：20020101 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.65

　　The Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Lawyers, adopted at the 25th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on December 29,2001, is hereby promulgated and shall go into effect as of January 1,2002.

　　Jiang Zemin

　　President of the People's Republic of China

　　December 29,2001

　　（Adopted at the 25th Meeting of the Standing Committee of the Ninth National People's Congress on December 29,2001）

　　At its 25th Meeting, the Standing Committee of the Ninth National People's Congress discusses the Draft Amendment to the Law of the People's Republic of China on Lawyers and decides to make the following amendments to the Law of the People's Republic of China on Lawyers：

　　1．Article 6 is revised to read：“Anyone who wants to obtain a qualification of lawyers shall pass the uniform national judicial examination. Anyone who has completed four-year courses of law in institutions of higher education, or has completed four-year courses in other fields of learning in institutions of higher education and has professional knowledge of law may be qualified for a lawyer after passing the national judicial examination.

　　“Where there are really difficulties in applying the requirements for educational background prescribed in the preceding paragraph, the requirements may be lowered, within a certain period of time, to be two-or three-year courses of law in institutions of higher education upon examination and approval by the administrative department of justice under the State Council.”

　　2．This Decision shall go into effect as of January 1,2002.

　　The Law of the People's Republic of China on Lawyers shall be revised correspondingly according to this Decision and shall be promulgated anew.

　　Anyone who meets the requirements for educational background for taking part in the examination for lawyers, as prescribed by the former Law of the People's Republic of China on Lawyers before this Decision goes into effect may still enter his name for the national judicial examination in 2002 and may obtain the qualification after passing the examination.

　　Appendix：

　　Law of the People's Republic of China on Lawyers

　　（Adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15,1996, revised according to the Decision on Amending the Law of the People's Republic of China on Lawyers adopted at 25th Meeting of the Standing Committee of the Ninth National People's Congress on December 29,2001）

　　Contents

　　Chapter I General Provisions

　　Chapter II Conditions of Practice by Lawyers

　　Chapter III Law Firms

　　Chapter IV Business, Rights and Obligations of Practising Lawyers

　　Chapter V Lawyers Associations

　　Chapter VI Legal Aid

　　Chapter VII Legal Liability

　　Chapter VIII Supplementary Provisions

　　Chapter I

　　General Provisions

　　Article 1 This Law is enacted in order to improve the system governing lawyers, to ensure that lawyers practise according to law, to standardize acts of lawyers, to safeguard the lawful rights and interests of parties, to ensure the correct implementation of law, and to enable lawyers to play a positive role in the development of the socialist legal system.

　　Article 2 The term“lawyer”as used in this Law means a practitioner who has acquired a lawyer's practice certificate pursuant to law and provides legal services to the public.

　　Article 3 In this practice, a lawyer must abide by the Constitution and law, and strictly observe lawyers' professional ethics and practice

discipline.

　　In his practice, a lawyer must base himself on facts and take law as 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 State Council shall supervise and guide lawyers, law firms and lawyers associations in accordance with this Law.

　　Chapter II

　　Conditions of Practice by Lawyers

　　Article 5 To practise law, a person shall acquire qualification as a lawyer and a practice certificate.

　　Article 6 Anyone who wants to obtain a qualification of lawyers shall pass the uniform national judicial examination. Anyone who has completed four-year courses of law in institutions of higher education, or has completed four-year courses in other fields of learning in institutions of higher education and has professional knowledge of law may be qualified for a lawyer after passing the national examination.

　　Where there are really difficulties in applying the requirements for educational background prescribed in the preceding paragraph, the requirements may be lowered, within a certain period of time, to be two-or-three-year curses of law in institutions of higher education upon examination and approval by the administrative department of justice under the State Council.

　　Article 7 A person applying to practise law who has acquired an undergraduate legal education in an institution in an institution of higher learning, or more education, who is engaged in professional work such as legal research and teaching, and who has a senior professional title or is of an equivalent professional level, shall be granted the qualification as a lawyer, upon approval by the judicial administration department under the State Council after evaluation and verification in accordance in accordance with the prescribed conditions.

　　Article 8 A person who upholds the Constitution of the People's Republic of China and meets, the following conditions may apply to obtain a lawyer'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 not be issued a lawyer's practice certificate：

　　（1）having no capacity for civil acts or having limited capacity for civil acts;

　　（2）having been subjected to criminal punishment, except for a crime of negligence; or

　　（3）having been discharged from public employment or having had his lawyer's practice certificate revoked.

　　Article 10 A person applying to obtain a lawyer's practice certificate shall submit the following documents：

　　（1）an applications;

　　（2）a lawyer qualification certificate;

　　（3）evaluation materials on practice training prepared by the applicant's law firm; and

　　（4）a copy of the applicant's certificate of identity.

　　Article 11 A person applying to obtain a lawyer's practice certificate who, upon examination and verification by the judicial administration department of the people's government at or above the level of the province, autonomous region or municipality directly under the Central Government, is considered to meet the conditions provided for in this Law shall be issued by the department a lawyer's practice certificate within 30 days of receiving the application. If the applicant fails to meet the conditions provided for in this Law, he shall not be issued a lawyer's practice certificate and shall be notified of the matter in writing within 30 days of receiving his application.

　　Article 12 A lawyer shall practise in one law firm and shall not practise in two or more law firms simultaneously.

　　A lawyer's pract

ice is not subject to regional restriction.

　　Article 13 Any of the active working personnel of a State organ shall not concurrently practise as a lawyer.

　　A lawyer shall not practise law while serving as a member of a standing committee of a people's congress at any level.

　　Article 14 A person who has not obtained a lawyer's practice certificate shall not practise law under the title of“lawyer”or act as agent ad litem or defend a client for the purpose of seeking economic benefit.

　　Chapter III

　　Law Firms

　　Article 15 A law firm is the organization in which lawyers practice。

　　A law firm shall meet the following conditions：

　　（1）to have its own name, domicile and articles of association;

　　（2）to have assets of RMB 100,000 yuan or more; and

　　（3）to have lawyers who conform to the provisions of this Law.

　　Article 16 A law firm established with the capital contribution from the State shall be independent in its practice pursuant to law and shall undertake liability for its debts with its entire assets.

　　Article 17 Lawyers may establish cooperative law firms, which shall undertake liability for their debts with their entire assets.

　　Article 18 Lawyers may establish partnership law firms. The partners shall undertake unlimited and joint and several liability for the debts of the law firm.

　　Article 19 Persons applying to establish a law firm who, after examination and verification by the judicial administration department of the people's government at or above the level of the province, autonomous region or municipality directly under the Central Government, are considered to meet the conditions provided for in this Law shall be issued

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