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What are the measures for the management of lawyer practice?
These Measures are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) (hereinafter referred to as the Lawyers Law) and other relevant laws and regulations in order to standardize lawyers' practice licenses, ensure lawyers' practice according to law and strengthen the supervision and management of lawyers' practice. Promulgated and implemented by the Ministry of Justice of the People's Republic of China on July 6, 2008.

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Decree number. Ministry of Justice of the People's Republic of China 1 12

The Measures for the Administration of Lawyers' Practice, which was deliberated and adopted at the ministerial meeting of the Ministry of Justice on May 28, 2008, is hereby promulgated and shall come into force as of the date of promulgation.

Minister Wu Aiying.

July 2008 18 [1]

Revision information

Order of the Ministry of Justice of the People's Republic of China

No. 134

The Measures for the Administration of Lawyers' Practice have been revised and adopted at the ministerial meeting of the Ministry of Justice. The revised Measures for the Administration of Lawyers' Practice are hereby promulgated and shall come into force as of 20 16 1 1.

Minister Wu Aiying.

20 16 September

Measures for the administration of lawyers' practice

Measures for the administration of lawyers' practice

(decree number. The Ministry of Justice 1 12 was released on July 8, 2008 and September 8, 2006.

Decree number. Ministry of Justice 134)

Chapter I General Principles

Article 1 These Measures are formulated in accordance with the Lawyers Law of People's Republic of China (PRC) (hereinafter referred to as the Lawyers Law) and other relevant laws and regulations for the purpose of standardizing lawyers' practice licenses, ensuring lawyers' practice according to law and strengthening the supervision and management of lawyers' practice.

Article 2 Lawyers should regard supporting the Communist Party of China (CPC)'s leadership and socialist rule of law as the basic requirements for their practice.

Through practice, lawyers should safeguard the legitimate rights and interests of the parties, the correct implementation of the law and social fairness and justice.

Article 3 Lawyers' practice according to law is protected by law, and no organization or individual may infringe upon the lawful rights and interests of lawyers.

Judicial administrative organs and lawyers' associations shall safeguard lawyers' practice rights according to law.

Article 4 The judicial administrative organs shall supervise and guide lawyers' practice in accordance with the Lawyers Law and these Measures.

Lawyers' Association shall, in accordance with the Lawyers Law, the articles of association and industry norms, exercise industry self-discipline in the practice of lawyers.

Article 5 The judicial administrative organs and lawyers' associations shall establish and improve the system of commendation and reward for lawyers, and set up comprehensive and single commendation projects in accordance with relevant regulations to commend and reward lawyers who have made outstanding contributions to safeguarding the legitimate rights and interests of the people, promoting economic and social development and building a country ruled by law.

Chapter II Conditions for Lawyers' Practice

Article 6 To apply for practicing as a lawyer, the following conditions shall be met:

(a) support the constitution of People's Republic of China (PRC);

(2) Obtaining a legal professional qualification certificate through the national unified judicial examination;

(3) Having worked as an intern in a law firm for one year;

(4) Good conduct.

The lawyer qualification certificate obtained before the implementation of the national unified judicial examination has the same effect as the legal professional qualification certificate when applying for lawyer practice.

Those who enjoy the relevant registration conditions and preferential measures for passing the national unified judicial examination and obtain the legal professional qualification certificate shall be handled in accordance with the relevant provisions.

Persons who apply for practicing as lawyers shall participate in the internship activities organized by the Lawyers Association in accordance with the provisions and pass the examination by the Lawyers Association.

Article 7 To apply for practicing as a part-time lawyer, the following conditions shall be met in addition to those stipulated in Article 6 of these Measures:

(a) to engage in legal education and research in institutions of higher learning and scientific research institutions;

(two) with the consent of the unit.

Article 8 To apply for the qualification as a practicing lawyer, one shall meet the requirements of the Lawyers Law and the relevant provisions of the State Council.

Article 9 A lawyer's practice certificate shall not be issued under any of the following circumstances:

(1) Having no or limited capacity for civil conduct;

(2) Having been subjected to criminal punishment, except for negligent crimes;

(3) Being expelled from public office or having his lawyer's practice certificate revoked.

Chapter III Procedures for Licensing Lawyers' Practice

Article 10 A lawyer's practice license shall be accepted by the district (county) judicial administrative organ of a city divided into districts or a municipality directly under the Central Government. After preliminary examination, it shall be submitted to the judicial administrative organ of a province, autonomous region or municipality directly under the Central Government for examination and approval, and a decision shall be made on whether to approve the practice.

Article 11 To apply for practicing as a lawyer, the following materials shall be submitted to the judicial administrative organ of a city divided into districts or a district (county) of a municipality directly under the Central Government:

(1) Application for practicing;

(2) Legal professional qualification certificate or lawyer qualification certificate;

(3) Materials issued by the Lawyers Association that the applicant has passed the internship examination;

(4) the identity certificate of the applicant;

(5) A certificate issued by the law firm agreeing to accept the applicant.

When applying for a practice license, the applicant shall truthfully fill in the lawyer's practice registration form.

Article 12 To apply for practicing as a part-time lawyer, in addition to the relevant materials specified in Article 11 of these Measures, the following materials shall also be submitted:

(1) Experience and supporting materials in legal education and research in institutions of higher learning and scientific research;

(two) the unit agreed to the applicant's part-time lawyer's practice certificate.

Article 13 The judicial administrative organ of a city divided into districts or a district (county) of a municipality directly under the Central Government shall handle the applicant's application for lawyer practice according to the following circumstances:

(1) If the application materials are complete and conform to the statutory form, it shall be accepted.

(2) If the application materials are incomplete or inconsistent with the statutory form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five days from the date of receiving the application materials. If the applicant makes corrections as required, it shall be accepted; Fails to inform, since the date of receipt of the application materials is accepted.

(3) If the application matters obviously do not meet the statutory requirements or the applicant refuses to make corrections or cannot make corrections to the relevant materials, it shall not be accepted, and the reasons shall be explained to the applicant in writing.

Article 14 The judicial administrative organ that accepts an application shall complete the examination of the application materials within 20 days from the date of deciding to accept it.

In the process of examination, the opinions of the judicial administrative organs at the county level that apply for practice may be solicited; If it is necessary to investigate and verify the relevant information, the applicant may be required to provide relevant certification materials, or the judicial administrative organ at the county level may be entrusted to verify it.

After examination, issue examination opinions on whether the applicant meets the statutory requirements and whether the submitted materials are true and complete, and submit the examination opinions and all application materials to the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government.

Fifteenth provinces, autonomous regions and municipalities directly under the central government, the judicial administrative organs shall, within ten days from the date of receiving the examination opinions and all the application materials submitted by the organ accepting the application, make a decision on whether to approve the practice.

If a lawyer is allowed to practice law, a lawyer's practice certificate shall be issued to the applicant within 10 days from the date of decision.

If it is not allowed to practice, it shall explain the reasons in writing to the applicant.

Article 16 The materials, acceptance and examination and approval procedures to apply for practicing lawyer shall be handled in accordance with the relevant provisions of the State Council.

Article 17 An applicant may not practice as a lawyer under any of the circumstances stipulated in Article 9 of these Measures.

Article 18 A lawyer's practice certificate is an effective certificate for lawyers to practice according to law.

The contents, production specifications and the method for compiling the certificate number of a lawyer's practice certificate shall be stipulated by the Ministry of Justice. The practicing certificate shall be uniformly produced by the Ministry of Justice.

Article 19 Under any of the following circumstances, the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government that made the decision to grant the applicant practice shall revoke the original decision to grant practice:

(1) The applicant obtains the decision to approve the practice by fraud, bribery or other improper means;

(2) granting practice to an applicant who does not meet the statutory requirements or making a decision on granting practice in violation of legal procedures.

Article 20 A lawyer who intends to change his practice institution shall apply to the judicial administrative organ of the city or municipality (county) where he intends to change his practice institution, and submit the following materials:

(a) the certificate issued by the judicial administrative organ at the county level where the original practice institution is located that the applicant does not exist in the circumstances specified in Article 21 of these Measures;

(2) the certificate of termination of employment or partnership with the original practice institution and completion of business, archives, finance and other handover procedures;

(3) The practicing institution to be changed agrees to accept the applicant's certificate;

(4) Proof materials of the applicant's practice experience.

The accepting organ shall issue examination opinions on the application for change and the submitted materials, and submit them to the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government for examination together with all the application materials. If the change is approved, the examination and approval authority shall renew the lawyer's practice certificate for the applicant; If the change is not approved, the reasons shall be explained in writing to the applicant. The procedures and time limits for approval and replacement shall be handled with reference to the provisions of Articles 14 and 15 of these Measures.

If the change is approved, the applicant shall submit the original practice certificate to the original examination and issuance authority before receiving the new practice certificate.

Where a lawyer changes his practice institution across a city divided into districts or a province, autonomous region or municipality directly under the Central Government, the judicial administrative organ at the place where the original practice institution is located and where the changed practice institution is located shall hand over the lawyer's practice file.

Twenty-first lawyers who have been punished for stopping practicing or are under investigation and handling complaints may not apply for changing their practice institutions; If the time limit for the law firm to be punished for suspension of business for rectification is not expired, the directly responsible person in charge, partners and lawyers of the law firm to be punished for suspension of business for rectification shall not apply for changing the practice institution; Where a law firm should be terminated, the persons directly responsible, partners and lawyers whose practice licenses have been revoked may not apply for changing their practice institutions before the liquidation and cancellation are completed.

Article 22 Where a lawyer is appointed by a law firm to practice in a branch office, the renewal and management measures of his lawyer's practice certificate shall be handled in accordance with the relevant provisions of the Ministry of Justice.

Twenty-third lawyers in any of the following circumstances, by the original examination and issuing authority where the practice is located to recover and cancel their lawyer's practice certificate:

(1) Being punished by revoking the lawyer's practice certificate;

(2) The original decision to grant practice has been revoked according to law;

(three) because I no longer engage in the profession of lawyers and apply for cancellation;

(four) due to the termination of the employment contract with the law firm or the cancellation of the law firm, it has not been employed by another law firm within six months;

(5) termination of lawyer's practice for other reasons.

If a person whose lawyer's practice certificate has been cancelled due to the circumstances mentioned in Items (3), (4) and (5) of the preceding paragraph applies for practicing as a lawyer again, he shall apply for practicing as a lawyer in accordance with the procedures prescribed in these Measures.

A lawyer may not apply for cancellation of his practice certificate while being investigated by judicial organs, judicial administrative organs and lawyers' associations.

Chapter IV Standards for Lawyers' Practice

Twenty-fourth lawyers must abide by the Constitution and laws, abide by the professional ethics and practice discipline of lawyers, and practice in accordance with the law, integrity and standardization.

Lawyers' practice must be based on facts and take the law as the criterion.

Lawyers' practice should be supervised by the state, society and the parties concerned.

Article 25 A lawyer may engage in the following businesses:

(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;

(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;

(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;

(four) to accept the entrustment and represent the complaints of various litigation cases;

(five) to accept the entrustment and participate in mediation and arbitration activities;

(6) Accepting entrustment to provide non-litigation legal services;

(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.

Twenty-sixth lawyers to undertake business, should be unified by the law firm to accept the entrustment, signed a written entrustment contract with the client, and obey the law firm's conflict of interest review and acceptance of business decisions.

Article 27 Lawyers who are members of the Standing Committees of people's congresses at various levels shall not engage in litigation agency or defense business during their term of office.

If a lawyer knows that a party has entrusted two agents ad litem and defenders, he shall not accept the entrustment to act as agents ad litem and defenders.

Article 28 A lawyer shall not act as an agent for both parties in the same case, nor shall he act as an agent for legal affairs that have conflicts of interest with himself and his close relatives. After accepting the entrustment of a criminal suspect or defendant, a lawyer may not accept the entrustment of other criminal suspects or defendants in the same case or other criminal suspects or defendants who committed crimes although they were not involved in the case.

Lawyers who have served as judges and prosecutors shall not serve as agents ad litem or defenders within two years after leaving the people's courts or people's procuratorates; They shall not act as agents ad litem or defenders in handling cases in the people's court or people's procuratorate that originally tried the case, except as otherwise provided by law.

A lawyer may not act as an agent in a case where other lawyers in his law firm act as arbitrators. Lawyers who have served as arbitrators or are serving as arbitrators shall not undertake legal affairs that have conflicts of interest with cases in which they have served as arbitrators.

Article 29 As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted, and safeguard the legitimate rights and interests of the client.

Article 30 When a lawyer represents litigation legal affairs or non-litigation legal affairs, he shall represent legal affairs within the scope of entrustment and safeguard the legitimate rights and interests of clients.

Article 31 When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, so as to protect the litigation rights and other legitimate rights and interests of criminal suspects and defendants.

If a lawyer acts as a defender, his law firm shall submit an acceptance letter to the case-handling organ within three days after accepting the entrustment, informing the entrusted matters, lawyers and contact information.

Article 32 When giving legal opinions, lawyers shall perform their duties in strict accordance with the law, and ensure the authenticity and legality of their opinions.

Lawyers providing legal advice and writing legal documents on their behalf should be based on facts, take the law as the criterion, and meet the requirements of legal advice rules and the style and format of legal documents.

Article 33 When undertaking business, a lawyer shall inform the client of the possible legal risks in handling the entrusted matters, and shall not make improper promises to the client in an express or implied way.

When a lawyer undertakes business, he shall promptly inform the client of the progress in handling the entrusted matters; Where it is necessary to change the entrusted matters and authority, the consent and authorization of the client shall be obtained.

After accepting the entrustment, a lawyer shall not refuse to defend or represent him without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent him.

Article 34 When undertaking business, a lawyer shall safeguard the legitimate rights and interests of the parties, and shall not take advantage of the convenience of providing legal services to seek disputed rights and interests or illegitimate interests of the parties.

Article 35 A lawyer shall be honest and trustworthy in undertaking business, and shall not accept the property and other interests of the other party, collude with the other party and a third party maliciously, or provide the other party and the third party with information and evidential materials that are unfavorable to the client and infringe upon the rights and interests of the client.

Article 36 When contacting with judges, prosecutors, arbitrators and other relevant staff members, lawyers shall abide by laws and relevant regulations, and shall not meet with judges, prosecutors, arbitrators and other relevant staff members in violation of regulations, nor offer bribes to them, promise to provide benefits, introduce bribes, instruct or induce the parties to pay bribes, or inquire about opinions on handling cases within the case-handling organs, or introduce cases to judges and prosecutors.

Article 37 When undertaking business, lawyers shall guide the parties to resolve disputes through legal channels and ways, and shall not incite, instigate or organize the parties or other personnel to sit in the judicial organs or other state organs, hold placards, post banners, shout slogans, support or watch and other illegal means that disturb public order and endanger public safety, gather people to make trouble, create influence and exert pressure on relevant departments.

Article 38 Lawyers shall perform their duties in accordance with legal procedures, and shall not affect the handling of cases according to law in the following improper ways:

(a) without the entrustment of the parties or the assignment of legal aid agencies, providing legal services to the parties in the name of lawyers, interfering with cases and interfering with handling cases according to law;

(2) making distorted and misleading propaganda and comments on the case that he or other lawyers are handling, and maliciously speculating on the case;

(3) creating pressure from public opinion, attacking and slandering the judicial organs and the judicial system by organizing a group in series, signing a joint name, publishing an open letter, organizing an online meeting, expressing solidarity, etc. Or in the name of case study;

(four) in violation of the provisions of the disclosure and dissemination of information and materials, or I, other lawyers in the process of handling the case obtained important information and evidence related to the case.

Article 39 When a lawyer participates in litigation, arbitration or administrative handling activities as an agent, he shall abide by the provisions of the court and arbitration tribunal on discipline, places of supervision and administrative handling rules, and shall not commit any of the following acts that hinder or interfere with the normal conduct of litigation, arbitration or administrative handling activities:

(1) When meeting with a criminal suspect or defendant in custody, in violation of regulations, bringing the criminal suspect or defendant's close relatives or other interested parties to meet, providing communication tools for the criminal suspect or defendant in custody, or delivering articles and documents;

(2) Having been notified by the people's court, refusing to appear in court to participate in the proceedings without justifiable reasons, or violating the rules of the court and withdrawing from court without authorization;

(3) Gathering people to make trouble, storming the court, insulting, slandering, threatening or beating judicial personnel or participants in litigation, denying the nature of a cult organization recognized by the state, or committing other acts that seriously disrupt the court order;

(4) intentionally providing false evidence to judicial organs, arbitration institutions or administrative organs, or threatening or inducing others to provide false evidence, so that the other party cannot obtain evidence according to law;

(five) other acts that hinder or interfere with the normal conduct of litigation, arbitration or administrative handling activities as prescribed by law.

Article 40 Lawyers should make public statements on cases in accordance with the law, be objective, fair and prudent, and not publish or spread statements that deny the fundamental political system and basic principles established by the Constitution and endanger national security, nor use the Internet and media to incite dissatisfaction with the party and the government, nor initiate or participate in organizations that endanger national security or support, participate in and implement activities that endanger national security, nor publish malicious statements that distort the truth and clearly violate public order and good customs.

Article 41 A lawyer shall accept business in accordance with the relevant provisions, and shall not trick or abet the parties to bring a lawsuit, create or expand contradictions and affect social stability for the purpose of soliciting business.

Article 42 Lawyers should respect their peers and compete fairly. Do not slander other law firms and lawyers, do not pay referral fees, do not express or imply to the parties that they have a special relationship with the case-handling organs, government departments and their staff, do not set up offices around judicial organs and supervision places in violation of regulations, and do not undertake business by unfair means such as distributing advertisements and posting placards.

Article 43 A lawyer shall keep the state secrets and business secrets he knows in his practice, and shall not disclose the personal privacy of the parties and others.

Lawyers should keep confidential the relevant information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and seriously endanger the personal safety of others are being prepared or implemented by the client or others.

Article 44 When a lawyer undertakes business, the law firm shall charge the lawyer's fees and related handling fees from the client in accordance with the regulations, and shall not charge them privately, nor accept property or other benefits from the client.

Article 45 Lawyers shall perform their legal aid obligations in accordance with the provisions of the state, provide legal services that meet the standards for the recipients, and safeguard the legitimate rights and interests of the recipients. Do not delay, slack off or stop performing legal aid duties without authorization, and do not hand over legal aid cases to other personnel without the consent of law firms and legal aid agencies.

Article 46 When undertaking business, a lawyer shall properly keep legal documents, evidential materials, business documents and work records related to the undertaking matters. After the legal affairs are concluded, they shall be filed in accordance with the relevant provisions and kept by the law firm.

Article 47 A lawyer can only practice in one law firm.

Lawyers shall practice full-time during their practice, unless otherwise stipulated by laws and administrative regulations.

When practicing law, a lawyer shall abide by the practice management system of his law firm, accept the guidance and supervision of the law firm, and participate in the annual examination of lawyer practice.

Article 48 A lawyer shall properly use and keep the lawyer's practice certificate, and shall not alter, mortgage, lend or lease it. If it is lost or damaged, it shall promptly report to the local judicial administrative organ at the county level, and the judicial administrative organ at the local municipal level or municipality directly under the central government (county) shall apply to the original examination issuing organ for replacement or replacement. If the lawyer's practice certificate is lost, a statement of loss shall be published in newspapers and periodicals at or above the provincial level or on the website designated by the issuing authority.

If a lawyer is punished for stopping practicing, he shall deposit his lawyer's practice certificate with the judicial administrative organ at the county level where his practice institution is located from the effective date of the punishment decision to the expiration of the punishment period.

Article 49 Lawyers shall participate in vocational training organized by judicial administrative organs and lawyers' associations in accordance with regulations.

Chapter V Supervision and Administration of Judicial Administrative Organs

Fiftieth judicial administrative organs at the county level shall conduct daily supervision and management of lawyers' practice activities within their respective administrative areas and perform the following duties:

(a) to inspect and supervise the lawyers' compliance with laws, regulations, rules, professional ethics and practice discipline in their practice activities;

(2) Accepting reports and complaints against lawyers;

(three) to supervise the implementation of administrative punishment and rectification by lawyers;

(four) to master the annual assessment of lawyers' practice in law firms;

(5) Other duties as stipulated by the Ministry of Justice and the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government.

In the process of daily supervision and management, the judicial administrative organ at the county level shall give a warning talk, order it to make corrections and supervise its rectification if it finds and verifies the problems existing in lawyers' practice activities; If a lawyer believes that his illegal acts should be given administrative punishment according to law, he shall put forward suggestions for punishment to the judicial administrative organ at the next higher level; If it is considered necessary to give disciplinary action to the industry, it shall be transferred to the Bar Association for handling.

Article 51 A municipal judicial administrative organ divided into districts shall perform the following duties of supervision and administration:

(a) to master the construction and development of lawyers in the administrative region, and to formulate measures and methods to strengthen the construction of lawyers.

(two) to guide and supervise the daily supervision and management of lawyers' practice by the judicial administrative organs at the next lower level, organize special inspections or special evaluations of lawyers' practice, and guide the investigation and handling of major complaints of lawyers.

(3) Commending lawyers.

(four) to impose administrative penalties on lawyers' illegal acts according to law; If the lawyer's practice certificate should be revoked according to law, the judicial administrative organ at the next higher level shall put forward suggestions for punishment.

(five) to supervise the filing of the annual examination results of lawyers' practice in law firms.

(6) Accepting and examining applications for practicing law, changing practice institutions and canceling practice certificates.

(seven) to establish a lawyer's practice file, and to be responsible for the information disclosure of lawyer's practice license, change and cancellation.

(eight) other duties as prescribed by laws, regulations and rules.

The district (county) judicial administrative organ of the municipality directly under the Central Government shall undertake the relevant duties stipulated in the preceding paragraph.

Article 52 The judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government shall perform the following supervisory and administrative duties:

(a) to master and evaluate the construction of lawyers and the overall level of practice in this administrative region, formulate lawyers' development plans and related policies, and formulate normative documents to strengthen the management of lawyers' practice;

(2) To supervise and guide the supervision and management of lawyers' practice by the judicial administrative organs at lower levels, and organize and guide the special inspection or evaluation of lawyers' practice;

(3) Organizing commendation activities for lawyers;

(4) Revoking the lawyer's practice certificate for serious violations of the law, supervising and guiding the administrative punishment of the judicial administrative organ at the next lower level, and handling relevant administrative reconsideration and appeal cases;

(five) to handle the examination and approval of lawyers' practice, the examination and approval of changing their practice institutions and the cancellation of their practice certificates;

(six) responsible for the major information disclosure of lawyers, practice and management affairs within their respective administrative areas;

(seven) other duties as prescribed by laws, regulations and rules.

Fifty-third lawyers who violate the relevant provisions of these measures shall be investigated for legal responsibility in accordance with the Lawyers Law and relevant laws and regulations.

Lawyers who violate the provisions of Article 28, Article 41 and Article 42 of these Measures shall be given administrative punishment by judicial administrative organs in accordance with the relevant provisions of Article 47 of the Lawyers Law; Those who violate the provisions of Article 34 shall be given administrative punishment in accordance with the relevant provisions of Article 48 of the Lawyers Law; Those who violate the provisions of Articles 35 to 40 shall be given administrative punishment in accordance with the relevant provisions of Article 49 of the Lawyers Law.

Article 54 Judicial administrative organs at all levels and their staff shall supervise and manage lawyers' practice, and shall not hinder lawyers from practicing according to law, infringe upon lawyers' legitimate rights and interests, ask for or accept lawyers' property, or seek other interests.

Article 55 The judicial administrative organ shall strengthen the hierarchical supervision over the implementation of lawyer's practice license and daily supervision and management activities, and establish a system of statistics, instructions, reports and supervision on relevant work in accordance with regulations.

The judicial administrative organ responsible for the implementation of the lawyer's practice license, the filing or reward and punishment of the annual examination results of lawyer's practice shall promptly notify the lower judicial administrative organ of the relevant licensing decision, filing and reward and punishment, and submit it to the higher judicial administrative organ.

Fifty-sixth judicial administrative organs and lawyers' associations shall establish information management systems for lawyers and law firms, and disclose the basic information of lawyers, annual assessment results, rewards and punishments to the public in accordance with relevant regulations.

Article 57 The judicial administrative organ shall strengthen the guidance and supervision of the lawyers' association, support the lawyers' association to implement industry self-discipline in lawyers' practice activities in accordance with the Lawyers Law, the articles of association and industry norms, and establish and improve the coordination mechanism combining administrative management with industry self-discipline.

Fifty-eighth judicial administrative organs at all levels shall regularly submit statistical data and annual management summary of the construction and practice of lawyers in their respective administrative areas to the judicial administrative organs at the next higher level.

Article 59 Where a people's court, a people's procuratorate, a public security organ, a state security organ or other relevant departments put forward suggestions to a judicial administrative organ or a bar association to punish or punish lawyers, the judicial administrative organ and the bar association shall notify the organ that made the suggestions within seven days from the date of making the decision.

Article 60 If a staff member of the judicial administrative organ abuses his power or neglects his duty in the lawyer's practice license and supervision and management activities, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Chapter VI Supplementary Provisions

Article 61 The practice management of military lawyers shall be implemented in accordance with the relevant regulations of the State Council and the Central Military Commission (CMC).

Article 62 These Measures shall come into force as of 20 16 1 1+0. The regulations and normative documents formulated by the Ministry of Justice on the management of lawyers' practice are in conflict with these measures, and these measures shall prevail.

The Ministry of Justice revised and promulgated the Measures for the Administration of Lawyers' Practice (hereinafter referred to as the Measures), which came into force on June 1 65438+1October1day.

Article 62 of Chapter VI of the Measures covers the conditions for practicing lawyers, the procedures for licensing lawyers, and the code of conduct for practicing lawyers. The Measures stipulate that lawyers may not apply for cancellation of their practice certificates during the investigation by judicial organs, judicial administrative organs and lawyers' associations. The "Measures" clarify that if a lawyer knows that a party has entrusted two agents ad litem and defenders, he shall not accept their entrustment as agents ad litem and defenders; A lawyer may not act as an agent for both parties in the same case, nor may he act as an agent for legal affairs that have conflicts of interest with himself and his close relatives; Lawyers who have served as judges and prosecutors shall not serve as agents ad litem or defenders within two years after leaving the people's courts or people's procuratorates; A lawyer may not act as an agent in a case where other lawyers in his law firm act as arbitrators.