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

VII

　　Legal Liability

　　Article 44 If a lawyer commits any of the following acts, the judicial administration department of the people's government of a province, autonomous region, municipality directly under the Central Government or a city divided into districts shall issue a disciplinary warning; where the case is serious, the said department shall impose a penalty of cessat

ion of practice for no less than three months and no more than one year; and any illegal income 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 other lawyers 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 in litigation or arbitration without good reason;

　　（6）divulging commercial secrets or private affairs of a party concerned;

　　（7）accepting authorization privately, charging fees to a client privately, accepting money or things of value from a client or using the provision of legal services to seek the disputed rights and interests of a party concerned or accepting money or things of value from the opposing party;

　　（8）meeting with a judge, prosecutor or arbitrator in violation of regulations or entertaining and giving gifts to a judge, prosecutor, arbitrator or other relevant working personnel;

　　（9）obstructing the opposing party's lawful obtaining of evidence;

　　（10）disrupting the order of a court or arbitration tribunal, or interfering with the normal conduct of litigation or arbitration activities; or

　　（11）other acts in respect of which penalties should be imposed.

　　Article 45 If a lawyer commits any of the following acts, the judicial administration department of the people's government of a province, autonomous region, or municipality directly under the Central Government shall revoke his practice certificate; where the case constitutes a crime, criminal responsibility shall be pursued according to law：

　　（1）divulging State secrets;

　　（2）bribing a judge, prosecutor, arbitrator or other relevant working personnel or instigating or inducing a party to do so; or

　　（3）providing false evidence, concealing important facts or intimidating or inducing another with promise of gain to provide false evidence or conceal important facts.

　　Where a lawyer is subjected to criminal punishment for an intentional crime, his lawyer's practice certificate shall be revoked.

　　Article 46 A person who impersonates a lawyer and provides legal services shall be ordered by the public security authorities to cease the illegal practice of law, which shall confiscate his illegal income and may also impose a fine of no more than 5,000 yuan and detention of no more than 15 days.

　　A person who has not obtained a lawyer's practice certificate but engages in the business of acting as agent ad litem or defending clients for the purpose of seeking economic benefit shall be ordered to cease the illegal practice of law by the judicial administration department of the local people's government at or above the county level, which shall confiscate any illegal income and may also impose a fine of no less than one and no more than five times the amount of the illegal income.

　　Article 47 A law firm that commits an act in violation of the provisions of this Law shall be ordered to set it right by the judicial administration department of the people's government of a province, autonomous region, or municipality directly under the Central Government, which shall confiscate any illegal income and may also impose a fine of no less than one and no more than five times the amount of the illegal income; where the case is serious, the law firm shall be ordered to cease practice for consolidation or its practice certification shall be revoked.

　　Article 48 If a person on whom a penalty has been imposed does not accept the decision on the administrative penalty rendered by the judicial administration department, he may apply for reconsideration to the judicial administration department at the next higher level within 15 days of re

ceiving the decision. If he does not accept the reconsideration decision, he may bring a lawsuit in a People's Court within 15 days of receiving the reconsideration decision. He may also directly bring a lawsuit in a People's Court.

　　If a person who has been fined neither applies for reconsideration, institutes administrative proceedings, nor performs the penalty decision, the judicial administration department that rendered the penalty decision may apply to a People's Court for enforcement.

　　If a application is made for a lawyer's practice certificate accordance to Article 11 of this Law or application is made for approval to establish a law firm in accordance with Article 19 of this Law, and the applicant does not accept the decision not to issue a lawyer's practice certificate or a practice certificate for the law firm, he may apply for reconsideration or bring a lawsuit pursuant to the procedure provided by the first paragraph of this Article.

　　Article 49 If a lawyer practises illegally or causes losses to a party due to his fault, the law firm in which he practises shall bear the liability for compensation. After paying compensation, the law firm may claim recovery from the lawyer that acted intentionally or committed gross negligence.

　　Lawyers and law firms may not be relieved of or limited in the civil liability that they shall bear for the losses caused to a party due to illegal practice of law or fault.

　　Chapter VIII

　　Supplementary Provisions

　　Article 50 With respect to lawyers who serve in the military and provide legal serve in the military and provide legal services to the military, their obtaining of the qualification as a lawyer, their rights, obligations and code of conduct as a lawyer shall be governed by this Law. Specific measures for administration of military lawyers shall be formulated separately by the State Council and the Central Military Commission.

　　Article 51 Specific measures governing the establishment of offices by foreign law firms to engage in prescribed legal service activities within the territory of the People's Republic of China shall be formulated by the State Council.

　　Article 52 Specific measures on lawyers' fees shall be formulated by the judicial administration department under the State Council and submitted to the State Council for approval.

　　Article 53 This Law shall go into effect as of January 1,1997, The Interim Regulation of the People's Republic of China on Lawyers adopted at the 15th Meeting of the Standing Committee of the Fifth National People's Congress on August 26,1980 shall be repealed at the same time

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