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 and promulgated by Order No. 67 of the President of the People’s Republic of China on May 15)
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 his 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 The State institutes a system of uniform national examination for the qualification as a lawyer. The qualification as a lawyer shall be granted by the judicial administration department under the State Council to a person who has acquired three years legal education in an institution of higher learning, or more education or attained an equivalent professional level, or has acquired an undergraduate education in another major in an institution of higher learning, or more education, and has passed the examination for the qualification as a lawyer.
Measures for the uniform national examination for the qualification as a lawyer shall be formulated by the judicial administration department under the State Council.
Article 7 A person applying to practise law who has acquired an undergraduate legal education 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 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 application;
(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 practice 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 practise.
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 by the department a law firm practice certificate within 30 days of receiving the application. Those who fail to meet the conditions provided for in this Law shall not be issued a law firm practice certificate and shall be notified of the matter in writing within 30 days of receiving the application.
Article 20 A law firm may establish branch offices. The establishment of a branch office shall be subject to examination and verification conducted in accordance with the prescribed conditions by the judicial administration department of the people’s government of the province, autonomous region or municipality directly under the Central Government where the proposed branch office is to be located.
A law firm shall undertake liability for the debts of a branch office it has establishe
