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中华人民共和国律师暂行条例 INTERIM REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON LAWYERS

2006-05-18 16:23   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 15th Meeting of the Standing Committee of the Fifth National People's Congress and promulgated by Order No.5 of the Standing Committee of the National People's Congress on August 26, 1980, and effective as of January 1, 1982) (Editor's Note: These Regulations were annulled by the Law of the People's Republic of China on Lawyers promulgated on May 15, 1996.)
时效性:失效  颁布日期:19800826  实施日期:19820101  失效日期:19970101  颁布单位:全国人大常委会

  Chapter I The Task and Rights of Lawyers

  Article 1 Lawyers are state legal workers whose task is to give legal assistance to state organs, enterprises and institutions, public organizations, people's communes and citizens in order to ensure the correct implementation of the law and protect the interests of the state and collectives as well as the lawful rights and interests of citizens.

  Article 2 The principal duties of lawyers shall be:

  (1) to accept the mandate of state organs, enterprises and institutions, public organizations and people's communes to serve as their legal advisers;

  (2) to accept the mandate of a party to a civil action to serve as his representative in litigation;

  (3) to accept the mandate of a defendant or the assignment of a people's court to serve as his defender in a criminal case; to accept the mandate of a private prosecutor or of the victim and his near relatives in a public prosecution to serve as their representative in litigation;

  (4) to accept the mandate of a party in a non litigious matter to give legal assistance or serve as its representative in mediation or arbitration;

  (5) to give consultative advice on legal questions and draft documents in connection with litigation or other legal matters.

  Lawyers shall publicize the socialist legal system through all their professional activities.

  Article 3 In performing their duties, lawyers shall serve the cause of socialism and the interests of the people, act on the basis of facts and take the law as the criterion.

  In the performance of their functions according to law, lawyers shall be protected by the law of the state, subject to no interference by any organization or individual.

  Article 4 When being retained by an organization as its legal adviser, a lawyer shall have the responsibility to give advice on legal questions arising from the client organization, draft and examine legal documents for it, represent it in litigation, mediation or arbitration, and safeguard its lawful rights and interests.

  Article 5 When acting as representatives in litigation and non litigious matters, lawyers shall have the responsibility to safeguard the lawful rights and interests of the client within the scope of the mandate.

  Within the scope of the mandate, the lawyer's procedural and legal acts shall have the same effect as those of the client.

  Article 6 When acting as defenders in criminal cases, lawyers shall have the responsibility to safeguard the lawful rights and interests of the defendants on the basis of facts and the law. A lawyer may refuse to act as the defender of a defendant if he believes that the defendant has not truthfully stated the facts of the case to him.

  Article 7 In legal proceedings, lawyers shall have the right, to consult the materials of the case and may make enquiries from organizations and persons concerned in accordance with relevant regulations. When acting as defenders in criminal cases, lawyers may meet and correspond with the defendant sheld in custody.

  The organizations and persons concerned shall have the duty to render assistance to the lawyers engaged in the activities mentioned in the preceding paragraph.

  Lawyers shall have the responsibility to keep confidential state secrets and matters of personal privacy which they come into contact with in their work.

  Chapter II The Qualifications of Lawyers

  Article 8 The under mentioned citizens who cherish the People's Republic of China, support the socialist system and have the right to vote and stand for election shall be eligible as lawyers after passing an examination:

  (1) those who have graduated from law faculties of universities or colleges and have been engaged for two or more years in judicial work, legal instruction or jurisprudential studies;

  (2) those who have had professional legal training and have worked as judges in people's court or as procurators in people's procuratorates;

  (3) those who have received college education, have completed three or more years of economic, scientific and technological work, are proficient in their professions and the relevant laws and decrees thereof, and have gone through professional legal training and who are fit for the work of a lawyer; and;

  (4) those who have attained the same level of knowledge of practical legal work as is required of persons prescribed in Items (l) and (2) above and the same level of learning as is given by college education and who are fit for the work of a lawyer.

  Article 9 To be eligible as a lawyer, a person must be examined and approved by the judicial department (bureau) of a province, autonomous region, or municipality directly under the Central Government and issued a lawyer's certificate, and a report shall be made to the Ministry of Justice of the People's Republic of China for the record. Upon discovery of an improper examination and approval, the Ministry of Justice shall instruct the relevant judicial department (bureau) to conduct a reexamination.

  Article 10 Those who are eligible as lawyers but are unable to leave their present positions to practise law may act as part-time lawyers. The current organizations in which they are working shall support such arrangements.

  Personnel presently attached to the people's courts, people's procuratorates and people's public security organs may not act as part-time lawyers.

  Article 11 Those who have graduated from law faculties of universities or colleges or have gone through professional legal training may act as apprentice lawyers after examination and approval by the judicial departments (bureaus) of provinces, autonomous regions, or municipalities directly under the Central Government.

  The training period for apprentice lawyers shall be two years. Upon completion of the training period, apprentice lawyers shall be given lawyers credentials in accordance with the procedure prescribed in Article 9 of these Regulations; the training period may be extended if an apprentice lawyer fails to pass the examination.

  Article 12 Lawyers who are incompetent shall be disqualified as lawyers by decision of the judicial departments (bureaus) of provinces, autonomous regions, or municipalities directly under the Central Government and with the approval of the Ministry of Justice.

  Chapter III Business Organizations of Lawyers

  Article 13 Legal advisory offices shall be the business organizations from which lawyers perform their duties.

  Legal advisory offices shall be public institutions under the organizational leadership and professional supervision of the judicial administrative organs of the state.

  Article 14 Legal advisory offices shall be established in counties, cities and municipal districts. When necessary, specialized legal advisory offices may be established with the approval of the Ministry of Justice.

  Legal advisory offices shall not be subordinate to one another.

  Article 15 The principal functions of a legal advisory office shall be to direct lawyers in the development of their professional work, to organize their political studies and professional studies in law and to sum up and exchange their work experience.

  Article 16 A legal advisory office shall have one director and may have deputy directors where necessary. The director and deputy directors shall be elected by the lawyers in that office, subject to approval by the judicial department (bureau) of a province, autonomous region, or municipality directly under the Central Government. They shall be elected for a term of three years and may be reelected to successive terms in office.

  The director and deputy director(s) of a legal advisory office shall direct the work of the office and at the same time perform their duties as lawyers.

  Article 17 The mandates for lawyers to handle cases shall be accepted and service fees collected exclusively by the legal advisory office.

  In the distribution of cases to lawyers, the legal advisory office shall, as best as possible and according to actual conditions, assign lawyers as requested by clients.

  Article 18 A legal advisory office may appoint lawyers to carry out professional activities in other localities, and the legal advisory office there shall provide them with assistance.

  Article 19 A lawyers association shall be established to protect the lawful rights and interests of lawyers, to exchange work experience, to further the progress of lawyers work and to promote contacts between legal workers both at home and abroad.

  The lawyers association is a social organization. It shall formulate its own articles of association.

  Chapter IV Supplementary Provisions

  Article 20 The standards for the title of lawyer, the regulations on awards and penalties for lawyers and the measures for the collection of service fees shall be stipulated separately by the Ministry of Justice.

  Article 21 These Regulations shall go into effect on January 1, 1982.

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