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Administrative Measures for the Practice of Law by Lawyers (2016 Revision) [Effective]
律师执业管理办法(2016修订) [现行有效]
【法宝引证码】

Order of the Ministry of Justice 

司法部令

(No. 134) (第134号)

The Administrative Measures for the Practice of Law by Lawyers, as revised and adopted at the executive meeting of the Ministry of Justice, are hereby issued, and shall come into force on November 1, 2016. 律师执业管理办法》已经司法部部务会议修订通过,现将修订后的《律师执业管理办法》公布,自2016年11月1日起施行。
Minister: Wu Aiying 部 长  吴爱英
September 18, 2016 2016年9月18日
Administrative Measures for the Practice of Law by Lawyers 律师执业管理办法
(Issued by Order No. 112 of the Ministry of Justice on July 18, 2008, and revised by Order No. 134 of the Ministry of Justice on September 18, 2016) (2008年7月18日司法部令第112号发布 2016年9月18日 司法部令第134号修订)
Chapter I General Provisions 

第一章 总  则

Article 1 For purposes of regulating the licensing for the practice of law by lawyers, guaranteeing the lawful practice of law by lawyers, and strengthening the supervision and administration of the practice of law by lawyers, these Measures are developed in accordance with the provisions of the Lawyers Law of the People's Republic of China (hereinafter referred to as the “Lawyers Law”) and other relevant laws and regulations.   第一条 为了规范律师执业许可,保障律师依法执业,加强对律师执业行为的监督和管理,根据《中华人民共和国律师法》(以下简称《律师法》)和其他有关法律、法规的规定,制定本办法。
Article 2 Lawyers shall take upholding the leadership of the Communist Party of China and socialist rule of law as the basic requirements for the practice of law.   第二条 律师应当把拥护中国共产党领导、拥护社会主义法治作为从业的基本要求。
Lawyers shall protect the parties' lawful rights and interests, maintain the correct enforcement of laws, and maintain social fairness and justice through the practice of law. 律师通过执业活动,应当维护当事人合法权益,维护法律正确实施,维护社会公平和正义。
Article 3 The lawful practice of law by lawyers shall be protected by law, and no organization or individual shall infringe upon the lawful rights and interests of any lawyer.   第三条 律师依法执业受法律保护,任何组织和个人不得侵害律师的合法权益。
Judicial administrative authorities and lawyers' associations shall protect the practicing rights of lawyers in accordance with the law. 司法行政机关和律师协会应当依法维护律师的执业权利。
Article 4 Judicial administrative authorities shall oversee and direct the practice of law by lawyers in accordance with the provisions of the Lawyers Law and these Measures.   第四条 司法行政机关依照《律师法》和本办法的规定对律师执业进行监督、指导。
Lawyers' associations shall conduct industry self-regulation of the practice of law by lawyers in accordance with the Lawyers Law, charters of lawyers' associations and industry rules. 律师协会依照《律师法》、协会章程和行业规范对律师执业实行行业自律。
Article 5 Judicial administrative authorities and lawyers' associations shall establish and improve rules for giving commends and rewards to lawyers, set comprehensive and single commend items according to relevant provisions, and give commends and rewards to the lawyers that have made prominent contributions to protecting the people's lawful rights and interests, promoting economic and social development, and legal construction of the state.   第五条 司法行政机关、律师协会应当建立健全律师表彰奖励制度,根据有关规定设立综合性和单项表彰项目,对为维护人民群众合法权益、促进经济社会发展和国家法治建设作出突出贡献的律师进行表彰奖励。
Chapter II Conditions for the Practice of Law by Lawyers 

第二章 律师执业条件

Article 6 To apply for the practice of law, an applicant shall meet the following conditions:   第六条 申请律师执业,应当具备下列条件:
(1) He or she upholds the Constitution of the People's Republic of China. (一)拥护中华人民共和国宪法
(2) He or she has passed the uniform national judicial examination and obtained the legal profession qualification certificate. (二)通过国家统一司法考试取得法律职业资格证书;
(3) He or she has completed one-year internship at a law firm. (三)在律师事务所实习满一年;
(4) He or she has good character and conduct. (四)品行良好。
In the application for the practice of law, a lawyer's qualification certificate obtained before the national uniform judicial examination shall have equal force with a legal profession qualification certificate. 实行国家统一司法考试前取得的律师资格证书,在申请律师执业时,与法律职业资格证书具有同等效力。
A person who enjoys preferences in the conditions for registering for or passing the national uniform judicial examination and has obtained the legal profession qualification certificate shall be subject to the provisions on any territorial restriction on his or her application for the practice of law. 享受国家统一司法考试有关报名条件、考试合格优惠措施,取得法律职业资格证书的,其申请律师执业的地域限制,按照有关规定办理。
A person applying for the practice of law shall participate in the internship activities organized by a lawyers' association according to relevant provisions, and pass the assessment conducted by the lawyers' association. 申请律师执业的人员,应当按照规定参加律师协会组织的实习活动,并经律师协会考核合格。
Article 7 To apply for the practice of law on a part-time basis, in addition to the conditions prescribed in Article 6 of these Measures, an applicant shall also meet the following conditions:   第七条 申请兼职律师执业,除符合本办法第六条规定的条件外,还应当具备下列条件:
(1) He or she is engaged in legal education or research in an institution of higher learning or scientific research institution. (一)在高等院校、科研机构中从事法学教育、研究工作;
(2) He or she has obtained the consent of the entity where he or she works. (二)经所在单位同意。
Article 8 To apply for the practice of law on a special permission basis, an applicant shall meet the conditions prescribed by the Lawyers Law and relevant regulations of the State Council.   第八条 申请特许律师执业,应当符合《律师法》和国务院有关条例规定的条件。
Article 9 The lawyer's practicing certificate shall not be issued to a person falling under any of the following circumstances:   第九条 有下列情形之一的人员,不予颁发律师执业证书:
(1) He or she has no or limited civil conduct capacity. (一)无民事行为能力或者限制民事行为能力的;
(2) He or she has a record of criminal punishment, except for criminal negligence. (二)受过刑事处罚的,但过失犯罪的除外;
(3) He or she is expelled from public employment or his or her lawyer's practicing certificate is revoked. (三)被开除公职或者被吊销律师执业证书的。
Chapter III Licensing Procedures for the Practice of Law by Lawyers 

第三章 律师执业许可程序

Article 10 In the licensing for the practice of law by lawyers, the judicial administrative authority at the level of a districted city or a district (county) of a municipality directly under the Central Government shall accept an application for the practice of law, conduct preliminary examination, and report it to the judicial administrative authority of the province, autonomous region or municipality directly under the Central Government for examination, which shall make a decision to approve or disapprove the practice of law.   第十条 律师执业许可,由设区的市级或者直辖市的区(县)司法行政机关受理执业申请并进行初审,报省、自治区、直辖市司法行政机关审核,作出是否准予执业的决定。
Article 11 To apply for the practice of law, an applicant shall submit the following materials to the judicial administrative authority at the level of a districted city or a district (county) of a municipality directly under the Central Government:   第十一条 申请律师执业,应当向设区的市级或者直辖市的区(县)司法行政机关提交下列材料:
(1) An application form for the practice of law. (一)执业申请书;
(2) Legal profession qualification certificate or lawyer's qualification certificate. (二)法律职业资格证书或者律师资格证书;
(3) Materials issued by a lawyers' association proving that the applicant has passed the internship assessment. (三)律师协会出具的申请人实习考核合格的材料;
(4) Identity certificate of the applicant. (四)申请人的身份证明;
(5) Certificate issued by a law firm on agreeing to accept the applicant. (五)律师事务所出具的同意接收申请人的证明。
When applying for the practice licensing, the applicant shall faithfully complete the Registration Form for an Application for the Practice of Law. 申请执业许可时,申请人应当如实填报《律师执业申请登记表》。
Article 12 To apply for the practice of law on a part-time basis, in addition to the relevant materials prescribed in Article 11 of these Measures, an applicant shall also submit the following materials:   第十二条 申请兼职律师执业,除按照本办法第十一条的规定提交有关材料外,还应当提交下列材料:
(1) Statement of experiences of being engaged in legal education or research in an institution of higher learning or scientific research institution and relevant certification materials. (一)在高等院校、科研机构从事法学教育、研究工作的经历及证明材料;
(2) Certificate of consent of the entity where the applicant works to the applicant's practice of law on a part-time basis. (二)所在单位同意申请人兼职律师执业的证明。
Article 13 The judicial administrative authority at the level of a districted city or a district (county) of a municipality directly under the Central Government shall handle an applicant's application for the practice of law in light of the following circumstances respectively:   第十三条 设区的市级或者直辖市的区(县)司法行政机关对申请人提出的律师执业申请,应当根据下列情况分别作出处理:
(1) Where the application materials are complete and are of the statutory form, the judicial administrative authority shall accept the application. (一)申请材料齐全、符合法定形式的,应当受理。
(2) Where the application materials are incomplete or are not of the statutory form, the judicial administrative authority shall inform the applicant of all required supplements and corrections at one time on the spot or within five days of receipt of the application materials. If the applicant has made all required supplements and corrections, the application shall be accepted; if the judicial administrative authority fails to inform the applicant within the aforesaid time limit, the application shall be deemed to have been accepted as of the date of receipt of the application materials. (二)申请材料不齐全或者不符合法定形式的,应当当场或者自收到申请材料之日起五日内一次告知申请人需要补正的全部内容。申请人按要求补正的,予以受理;逾期不告知的,自收到申请材料之日起即为受理。
(3) Where any application matter obviously does not meet the statutory conditions, or the applicant refuses to or is unable to supplement or correct the relevant materials, the judicial administrative authority shall reject the application, and explain the reason for rejection to the applicant in writing. (三)申请事项明显不符合法定条件或者申请人拒绝补正、无法补正有关材料的,不予受理,并向申请人书面说明理由。
Article 14 The judicial administrative authority accepting an application shall complete the examination of application materials within 20 days as of the date when it decides to accept the application.   第十四条 受理申请的司法行政机关应当自决定受理之日起二十日内完成对申请材料的审查。
During the examination, the judicial administrative authority accepting the application may solicit the opinion of the judicial administrative authority at the county level at the place where the applicant applies for the practice of law; and if it is necessary to investigate or verify relevant information, the judicial administrative authority accepting the application may require the applicant to provide relevant certification materials, or authorize the judicial administrative authority at the county level to verify relevant information. 在审查过程中,可以征求申请执业地的县级司法行政机关的意见;对于需要调查核实有关情况的,可以要求申请人提供有关的证明材料,也可以委托县级司法行政机关进行核实。
Upon examination, the judicial administrative authority accepting the application shall present its examination opinion on whether the applicant meets the statutory conditions and whether the submitted materials are true and complete, and submit its examination opinion and all application materials to the judicial administrative authority of the province, autonomous region or municipality directly under the Central Government. 经审查,应当对申请人是否符合法定条件、提交的材料是否真实齐全出具审查意见,并将审查意见和全部申请材料报送省、自治区、直辖市司法行政机关。
Article 15 The judicial administrative authority of a province, autonomous region or municipality directly under the Central Government shall examine an application for the practice of law within ten days of receipt of the examination opinion and all application materials submitted by the judicial administrative authority accepting the application, and make a decision to approve or disapprove the practice of law.   第十五条 省、自治区、直辖市司法行政机关应当自收到受理申请机关报送的审查意见和全部申请材料之日起十日内予以审核,作出是否准予执业的决定。
If it approves the practice of law, it shall issue the lawyer's practicing certificate to the applicant within ten days as of the date when it makes the decision. 准予执业的,应当自决定之日起十日内向申请人颁发律师执业证书。
If it disapproves the practice of law, it shall explain the reason for disapproval to the applicant in writing. 不准予执业的,应当向申请人书面说明理由。
Article 16 For an application for the practice of law on a special permission basis, the materials that need to be submitted and the procedures for acceptance, assessment and approval shall be subject to the provisions of relevant regulations of the State Council.   第十六条 申请特许律师执业,需要提交的材料以及受理、考核、批准的程序,依照国务院有关条例的规定办理。
Article 17 No applicant falling under any of the circumstances prescribed in Article 9 of these Measures shall be approved to practice law.   第十七条 申请人有本办法第九条规定情形之一的,不得准予其律师执业。
Article 18 A lawyer's practicing certificate is the valid certificate proving that a lawyer has been legally approved to practice law.   第十八条 律师执业证书是律师依法获准执业的有效证件。
The contents, specification of making and method for numbering a lawyer's practicing certificate shall be determined by the Ministry of Justice. The lawyer's practicing certificate shall be uniformly made by the Ministry of Justice. 律师执业证书应当载明的内容、制作的规格、证号编制办法,由司法部规定。执业证书由司法部统一制作。
Article 19 Under any of the following circumstances, the judicial administrative authority of the province, autonomous region or municipality directly under the Central Government which made the decision to approve an applicant's practice of law shall revoke the original decision on approval of the practice of law:   第十九条 有下列情形之一的,由作出准予该申请人执业决定的省、自治区、直辖市司法行政机关撤销原准予执业的决定:
(1) The applicant obtains the decision on approval of the practice of law by fraud, bribery or any other illicit means. (一)申请人以欺诈、贿赂等不正当手段取得准予执业决定的;
(2) The applicant who fails to meet statutory conditions has been approved to practice law, or a decision on approval of the practice of law has been made in violation of statutory procedures. (二)对不符合法定条件的申请人准予执业或者违反法定程序作出准予执业决定的。
Article 20 To change a firm of practice, a lawyer shall file an application with the judicial administrative authority of a districted city or a district (county) of a municipality directly under the Central Government at the place where the new firm of practice is located, and submit the following materials:   第二十条 律师变更执业机构,应当向拟变更的执业机构所在地设区的市级或者直辖市的区(县)司法行政机关提出申请,并提交下列材料:
(1) A certificate that the applicant falls under no circumstance set forth in Article 21 of these Measures issued by the judicial administrative authority at the county level at the place where the former firm of practice is located. (一)原执业机构所在地县级司法行政机关出具的申请人不具有本办法第二十一条规定情形的证明;
(2) A certificate that the applicant has terminated the employment relationship or partnership with the former firm of practice and undergone the handover formalities for business, archives, and finance, among others. (二)与原执业机构解除聘用关系或者合伙关系以及办结业务、档案、财务等交接手续的证明;
(3) A certificate that the new firm of practice agrees to accept the applicant. (三)拟变更的执业机构同意接收申请人的证明;
(4) Certification materials on the practicing experience of the applicant. (四)申请人的执业经历证明材料。
The authority accepting the application shall present examination opinions on the change application and submitted materials, and submit the examination opinions along with all application materials to the judicial administrative authority of the province, autonomous region or municipality directly under the Central Government for examination. If the examination authority approves the change, it shall replace the lawyer's practicing certificate for the applicant; or if it disapproves the change, it shall explain the reason for disapproval to the applicant in writing. The provisions of Articles 14 and 15 of these Measures shall apply, mutatis mutandis, to the procedures and time limits for examination, confirmation and replacement of certificate. 受理机关应当对变更申请及提交的材料出具审查意见,并连同全部申请材料报送省、自治区、直辖市司法行政机关审核。对准予变更的,由审核机关为申请人换发律师执业证书;对不准予变更的,应当向申请人书面说明理由。有关审查、核准、换证的程序和期限,参照本办法第十四条、第十五条的规定办理。
If change is approved, the applicant shall, before collecting a new practicing certificate, hand over the original practicing certificate to the examination authority that issued the certificate. 准予变更的,申请人在领取新的执业证书前,应当将原执业证书上交原审核颁证机关。
If the new firm of practice where a lawyer plans to work is located in another districted city or province, autonomous region, or municipality directly under the Central Government, the judicial administrative authority at the place where the former firm of practice is located shall transfer the lawyer's practicing archives to the judicial administrative authority at the place of the new firm of practice where the lawyer plans to work. 律师跨设区的市或者省、自治区、直辖市变更执业机构的,原执业机构所在地和变更的执业机构所在地的司法行政机关之间应当交接该律师执业档案。
Article 21 During the period when a lawyer is subject to the penalty of cessation of practice or is subject to investigation and handling on a complaint against him or her, the lawyer shall not apply for the change of his or her firm of practice; if the term of penalty of cessation of business for rectification imposed on a law firm has not expired, the person in charge, a partner or a lawyer directly liable for the penalty of cessation of business for rectification imposed on the law firm shall not apply for the change of his or her firm of practice. If a law firm shall be terminated, before liquidation is completed and deregistration is conducted, the person in charge, a partner or a lawyer directly liable for the penalty of revocation of the law firm's practicing license shall not apply for the change of his or her firm of practice.   第二十一条 律师受到停止执业处罚期间或者受到投诉正在调查处理的,不得申请变更执业机构;律师事务所受到停业整顿处罚期限未满的,该所负责人、合伙人和对律师事务所受到停业整顿处罚负有直接责任的律师不得申请变更执业机构;律师事务所应当终止的,在完成清算、办理注销前,该所负责人、合伙人和对律师事务所被吊销执业许可证负有直接责任的律师不得申请变更执业机构。
Article 22 Where a lawyer is dispatched by the law firm where he or she works to a branch to practice law, the methods for the replacement and administration of his or her lawyer's practicing certificate shall be governed by relevant provisions of the Ministry of Justice.
......
   第二十二条 律师被所在的律师事务所派驻分所执业的,其律师执业证书的换发及管理办法,按照司法部有关规定办理。
......

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