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Official Reply of the Ministry of Justice on How to Apply Article 36 of the Law on Lawyers [Expired]
司法部关于如何适用《律师法》第三十六条规定的批复 [失效]

Official Reply of the Ministry of Justice on How to Apply Article 36 of the Law on Lawyers 


(April 16, 2001 No.6 [2001] of the Ministry of Justice)

Beijing Municipal Judicial Bureau:
(2001年4月16日 司复[2001]6号)

The Request for Instructions on Whether the Conduct of the Attorney Wang Ping from the Jiahe Law Firm has Violated Article 36 of the Law on Lawyers (No.79 [2000] of Beijing Municipal Judicial Bureau) from your bureau has been received. We make the following official reply upon deliberation:

The phrase “leaving the post”as mentioned in Article 36 of the Law on Lawyers我不休息我还能学, which provides that “a lawyer who used to be a judge or procurator may not be an agent ad litem or defender within two years from leaving the post in the people's court or people's procuratorate”, shall refer to being removed from the post of judge, deputy judge, procurator, or deputy procurator by the standing committee of the people's congress at the corresponding level or by the president of the court or the procurator general at the corresponding level.
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