| Notice by the Ministry of Justice of Issuing the Measures for the Administration of Public Lawyers and the Measures for the Administration of Corporate Lawyers | | 司法部关于印发《公职律师管理办法》《公司律师管理办法》的通知 |
| The justice departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government; and the Justice Bureau of the Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市司法厅（局），新疆生产建设兵团司法局： |
| The Measures for the Administration of Public Lawyers and the Measures for the Administration of Corporate Lawyers as deliberated and adopted at the 39th Ministerial Executive Meeting of the Ministry of Justice are hereby issued to you for your conscientious compliance and implementation. | | 《公职律师管理办法》《公司律师管理办法》已经司法部第39次部长办公会审议通过，现印发给你们，请认真遵照执行。 |
| Ministry of Justice | | 司 法 部 |
| December 13, 2018 | | 2018年12月13日 |
| Measures for the Administration of Public Lawyers | | 公职律师管理办法 |
| Chapter I General Provisions | | 第一章 总则 |
| Article 1 For the purposes of strengthening the building of the public lawyer team, regulating the administration of public lawyers, and exploiting the functions and role of public lawyers in the comprehensive law-based governance of the country, according to the Opinions on Implementing the Legal Advisory System and the Public Lawyer and Corporate Lawyer Systems and other relevant rules, in light of the actual circumstances of public lawyers' work, these Measures are developed. | | 第一条 为了加强公职律师队伍建设，规范公职律师管理，发挥公职律师在全面依法治国中的职能作用，根据《关于推行法律顾问制度和公职律师公司律师制度的意见》等有关规定，结合公职律师工作实际，制定本办法。 |
| Article 2 For the purpose of these Measures, "public lawyer" means a public officer who holds office at a party or government agency or a people's group, has obtained a public lawyer certificate issued by the justice authority, and engages in legal affairs work in such agency or group. | | 第二条 本办法所称公职律师，是指任职于党政机关或者人民团体，依法取得司法行政机关颁发的公职律师证书，在本单位从事法律事务工作的公职人员。 |
| Article 3 Public lawyers shall support the leadership of the Communist Party of China, support the socialist rule of law, abide by the Constitution and laws beyond reproach, be loyal when performing duties, diligent and dutiful, observe lawyers' professional ethics and practice discipline, maintain the correct implementation of the law, and protect social equity and justice. | | 第三条 公职律师应当拥护中国共产党领导，拥护社会主义法治，模范遵守宪法和法律，忠于职守，勤勉尽责，恪守律师职业道德和执业纪律，维护法律正确实施，维护社会公平和正义。 |
| Article 4 Justice authorities shall supervise and guide the business activities of public lawyers. | | 第四条 司法行政机关对公职律师业务活动进行监督、指导。 |
| The entities with which public lawyers work shall exercise routine management of the public lawyers. | | 公职律师所在单位对公职律师进行日常管理。 |
| Lawyers' associations shall exercise industry self-regulation in respect of public lawyers. | | 律师协会对公职律师实行行业自律。 |
| Chapter II Conditions and Procedures for Appointment | | 第二章 任职条件和程序 |
| Article 5 An applicant for a public lawyer certificate shall meet the following conditions: | | 第五条 申请颁发公职律师证书，应当具备下列条件： |
| (1) Upholding the Constitution of the People's Republic of China. | | （一）拥护中华人民共和国宪法； |
| (2) Qualifying for the legal profession or as a lawyer according to the law. | | （二）依法取得法律职业资格或者律师资格； |
| (3) Acting as public officer. | | （三）具有公职人员身份； |
| (4) Engaging in legal affairs work for more than two years, or having served as a judge, prosecutor or lawyer for more than one year. | | （四）从事法律事务工作二年以上，或者曾经担任法官、检察官、律师一年以上； |
| (5) Of integrity. | | （五）品行良好； |
| (6) The entity with which he or she works consents to his or her appointment as a public lawyer. | | （六）所在单位同意其担任公职律师。 |
| Article 6 Where an applicant has any of the following circumstances, a public lawyer certificate shall be denied: | | 第六条 申请人有下列情形之一的，不予颁发公职律师证书： |
| (1) With no or limited capacity for civil conduct. | | （一）无民事行为能力或者限制民事行为能力的； |
| (2) Having had his or her lawyer's or notary's practice certificate suspended. | | （二）曾被吊销律师、公证员执业证书的； |
| (3) Suspected of crime with judicial proceedings not concluded, or suspected of violating the discipline or law and under ongoing examination. | | （三）涉嫌犯罪、司法程序尚未终结的，或者涉嫌违纪违法、正在接受审查的； |
| (4) Determined to be incompetent in the annual public service appraisal for the previous year. | | （四）上一年度公务员年度考核结果被确定为不称职的； |
| (5) Listed as an object of joint punishment for dishonesty. | | （五）正被列为失信联合惩戒对象的。 |
| Article 7 When a public lawyer certificate is applied for, the entity with which the applicant works shall submit the following materials to the justice authority: | | 第七条 申请颁发公职律师证书，应当由申请人所在单位向司法行政机关提交下列材料： |
| (1) The National Uniform Legal Profession Qualification Examination Certificate or lawyer's qualification certificate. | | （一）国家统一法律职业资格证书或者律师资格证书； |
| (2) The applicant's identification certificates as resident and public officer | | （二）申请人的居民身份证明和公职人员身份证明； |
| (3) A public lawyer application form filled out by the applicant in person with the consent of and signed by the entity with which he or she works. | | （三）申请人本人填写、经所在单位同意并签章的公职律师申请表； |
| (4) Proof that the applicant has the work and practicing experience as required in Article 5(4) of these Measures. | | （四）申请人符合本办法第五条第四项规定条件的工作经历、执业经历证明。 |
| Article 8 Where a public officer with a central party or government agency or people's group applies for acting as public lawyer, the application shall be submitted to the Ministry of Justice with the approval of the entity with which he or she works. If a public officer with an entity directly affiliated to and managed by, dispatched or stationed in a region by the central party or government agency, which is subject to the vertical management system applies for acting as public lawyer, the application may also be submitted to the local justice authority of province, autonomous region, or municipality directly under the Central Government with the approval of the entity with which he or she works. | | 第八条 中央党政机关和人民团体公职人员申请担任公职律师的，由所在单位审核同意后向司法部提出申请。实行垂直管理体制的中央党政机关在地方的各级直属管理单位和派出派驻单位的公职人员申请担任公职律师的，也可以由所在单位审核同意后向当地省、自治区、直辖市司法行政机关提出申请。 |
| If a public officer with a provincial party or government agency or people's group applies for acting as public lawyer, the application shall be submitted to the local justice authority of province, autonomous region or municipality directly under the Central Government with the approval of the entity with which he or she works. | | 省级党政机关和人民团体公职人员申请担任公职律师的，由所在单位审核同意后向当地省、自治区、直辖市司法行政机关提出申请。 |
| If a public officer with a party or government agency or people's group at or below the level of city divided into districts or district (county) of the municipality directly under the Central Government applies for acting as public lawyer, the application shall be submitted to the local justice authority of the city divided into districts or district (county) of the municipality directly under the Central Government with the approval of the entity with which he or she works. | | 设区的市级或者直辖市的区（县）级及以下党政机关和人民团体公职人员申请担任公职律师的，由所在单位审核同意后向当地设区的市级或者直辖市的区（县）司法行政机关提出申请。 |
| Article 9 Justice authorities shall examine the received applications for public lawyer. The justice authority of a city divided into districts or district (county) of a municipality directly under the Central Government shall offer preliminary examination opinion on the received applications for public lawyer before submitting them to the justice authority of province, autonomous region or municipality directly under the Central Government for examination. | | 第九条 司法行政机关对收到的公职律师申请，应当进行审查。设区的市级或者直辖市的区（县）司法行政机关对收到的公职律师申请，应当提出初审意见后再报省、自治区、直辖市司法行政机关审查。 |
| Upon examination, if the applicant meets the conditions for appointment as public lawyer, and the application materials are complete, the Ministry of Justice or the justice authority of province, autonomous region or municipality directly under the Central Government shall issue a public lawyer certificate to the applicant. | | 经审查，申请人符合公职律师任职条件、申请材料齐全的，司法部或者省、自治区、直辖市司法行政机关应当向申请人颁发公职律师证书。 |
| The implementation of a pre-service training system for public lawyers shall be explored. | | 探索实施公职律师职前培训制度。 |
| Article 10 Where a public lawyer has any of the following circumstances, the original certificate issuing authority shall recover or deregister his or her public lawyer certificate: | | 第十条 公职律师有下列情形之一的，由原颁证机关收回、注销其公职律师证书： |
| (1) Unwilling in person to continue to serve as public lawyer and applying to the justice authority for deregistration with the consent of the entity with which he or she works. | | （一）本人不愿意继续担任公职律师，经所在单位同意后向司法行政机关申请注销的； |
| (2) The entity with which he or she works does not consent to his or her continually serving as public lawyer and applies to the justice authority for deregistration. | | （二）所在单位不同意其继续担任公职律师，向司法行政机关申请注销的； |
| (3) Ceasing to meet the conditions for acting as public lawyer for reasons such as resignation, transfer, retirement, dismissal, and expulsion. | | （三）因辞职、调任、转任、退休或者辞退、开除等原因，不再具备担任公职律师条件的； |
| (4) Determined to be incompetent in the annual public lawyer appraisal for two times in a row. | | （四）连续两次公职律师年度考核被评定为不称职的； |
| (5) Obtaining a public lawyer certificate by fraud, concealment, falsification of materials, or any other illicit means. | | （五）以欺诈、隐瞒、伪造材料等不正当手段取得公职律师证书的； |
| (6) Other circumstances for which he or she may not continue acting as public lawyer. | | （六）其他不得继续担任公职律师的情形。 |
| Article 11 Where a person who has served as a public lawyer for not less than three years and is determined to be competent in the last annual public lawyer appraisal applies for practicing as private lawyer after leaving his or her original entity, he or she may directly apply for a private lawyer practice certificate to the justice authority of a city divided into districts or district (county) of a municipality directly under the Central Government after being qualified by the lawyers' association, and his or her seniority as public lawyer shall be included in the practicing period as private lawyer. | | 第十一条 担任公职律师满三年并且最后一次公职律师年度考核被评定为称职的人员，脱离原单位后申请社会律师执业的，可以经律师协会考核合格后直接向设区的市级或者直辖市的区（县）司法行政机关申请颁发社会律师执业证书，其担任公职律师的经历计入社会律师执业年限。 |
| Article 12 Where a person who has acted as legal adviser prior to the implementation of the National Uniform Legal Profession Qualification Examination System but has not qualified for the legal profession or as lawyer according to the law meets all the following conditions and is qualified by the Ministry of Justice, a public lawyer certificate may be issued to him or her: | | 第十二条 国家统一法律职业资格制度实施前已担任法律顾问但未依法取得法律职业资格或者律师资格的人员，同时具备下列条件的，经司法部考核合格，可以向其颁发公职律师证书： |
| (1) Acting as legal advisor with a party or government agency or people's group for not less than 15 years. | | （一）在党政机关、人民团体担任法律顾问满十五年； |
| (2) Having received undergraduate education in law and a bachelor's degree or above from an institution of higher education, or having received undergraduate education or above not in law and a degree of juris master, master of law or above, or any other corresponding degree from an institution of higher education. | | （二）具有高等学校法学类本科学历并获得学士及以上学位，或者高等学校非法学类本科及以上学历并获得法律硕士、法学硕士及以上学位或者获得其他相应学位； |
| (3) Having a senior professional title or equivalent. | | （三）具有高级职称或者同等专业水平。 |
| If a person who has received a public lawyer certificate in accordance with the provisions of the preceding paragraph applies for practicing as private lawyer after leaving his or her original entity, he or she shall comply with the rules relating to the National Uniform Legal Profession Qualification Examination System. | | 依照前款规定取得公职律师证书的人员，脱离原单位后申请社会律师执业的，应当符合国家统一法律职业资格制度的相关规定。 |
| Chapter III Primary Duties | | 第三章 主要职责 |
| Article 13 A public lawyer may engage in the following legal fairs as entrusted or assigned by the entity in which he or she works: | | 第十三条 公职律师可以受所在单位委托或者指派从事下列法律事务： |
| (1) Providing legal opinions for the entity to discuss and decide major matters. | | （一）为所在单位讨论决定重大事项提供法律意见； |
| (2) Participating in the drafting and justification of draft laws, regulations and rules, draft CPC rules and draft regulatory documents for deliberation. | | （二）参与法律法规规章草案、党内法规草案和规范性文件送审稿的起草、论证； |
| (3) Participating in negotiations on cooperation projects, tendering, government procurement, and other matters, and drafting, revising and reviewing important legal documents or contracts and agreements. | | （三）参与合作项目洽谈、对外招标、政府采购等事务，起草、修改、审核重要的法律文书或者合同、协议； |
| (4) Participating in the reception of public complainants, mediation in conflicts, resolution of law-related or litigation-related cases, disposition of emergencies, disclosure of government information, state compensation and other work. | | （四）参与信访接待、矛盾调处、涉法涉诉案件化解、突发事件处置、政府信息公开、国家赔偿等工作； |
| (5) Participating in the review of administrative punishment, administrative ruling, administrative reconsideration, administrative litigation, and other work. | | （五）参与行政处罚审核、行政裁决、行政复议、行政诉讼等工作； |
| (6) Implementing the legal literacy responsibility system in which "who enforces the law shall improve legal literacy" and Giving publicity and education to improve legal literacy. | | （六）落实“谁执法谁普法”的普法责任制，开展普法宣传教育； |
| (7) Processing legal affairs as to civil cases such as litigation, mediation, and arbitration. | | （七）办理民事案件的诉讼和调解、仲裁等法律事务； |
| (8) Other legal affairs entrusted or assigned by the entity. | | （八）所在单位委托或者指派的其他法律事务。 |
| Article 14 Public lawyers shall have the right to meet, consult case files, investigate, collect evidence and put questions, cross-examination, argument, defense, and so forth and be entitled to access information, documents, materials and other necessary power and conditions related to the performance of their duties. | | 第十四条 公职律师依法享有会见、阅卷、调查取证和发问、质证、辩论、辩护等权利，有权获得与履行职责相关的信息、文件、资料和其他必须的工作职权、条件。 |
| A public lawyer shall accept the management and supervision of the entity with which he or she works and process legal affairs as entrusted or assigned, and may not engage in paid legal services, hold part-time office at a legal service institution such as law firm, or process litigation or non-litigation legal affairs outside the entity with which he or she works in his or her capacity as lawyer. | | 公职律师应当接受所在单位的管理、监督，根据委托或者指派办理法律事务，不得从事有偿法律服务，不得在律师事务所等法律服务机构兼职，不得以律师身份办理所在单位以外的诉讼或者非诉讼法律事务。 |
| Article 15 An entity with which a public lawyer works shall, in accordance with the relevant rules of the state, establish and improve a legality review mechanism for decisions and use the public lawyer's participation in decision-making and the giving of legal opinions as an important procedure for law-based decision-making. | | 第十五条 公职律师所在单位应当按照国家有关规定，建立健全决策合法性审查机制，将公职律师参与决策过程、提出法律意见作为依法决策的重要程序。 |
| An entity with which a public lawyer works shall hear the legal opinions from the public lawyer before discussing and deciding major issues. A matter on which the legal opinions from a public lawyer fails to be heard according to the relevant rules, or which a public lawyer deems to be illegal, shall not be submitted for discussion or decided. | | 公职律师所在单位讨论、决定重大事项之前，应当听取公职律师的法律意见。依照有关规定应当听取公职律师的法律意见而未听取的事项，或者公职律师认为不合法的事项，不得提交讨论、作出决定。 |
An entity with which a public lawyer works shall, when drafting or justifying a relevant draft law, regulation or rule, draft CPC rule, or regulatory document for deliberation, arrange for a public lawyer to participate, or hear his or her legal opinions.
．．．．．． | | 公职律师所在单位起草、论证有关法律法规规章草案、党内法规草案和规范性文件送审稿，应当安排公职律师参加，或者听取其法律意见。
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