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Home Living in China Chinese Law Law of the People's Republic of China on Lawyers
Law of the People's Republic of China on Lawyers
Chinese Law
Law of the People's Republic of China on Lawyers
中华人民共和国律师法

CHAPTER I GENERAL PROVISIONS

CHAPTER II CONDITIONS OF PRACTICE BY LAWYERS

CHAPTER III LAW FIRMS

CHAPTER IV BUSINESS, RIGHTS AND OBLIGATIONS OF PRACTISING LAWYERS CHAPTER V LAWYERS ASSOCIATIONS

CHAPTER VI LEGAL AID

CHAPTER VII LEGAL LIABILITY

CHAPTER VIII SUPPLEMENTARY PROVISIONS


Article 1 This Law is enacted in order to improve the system governing lawyers, to ensure that lawyers practise according to law, to standardize acts of lawyers, to safeguard the lawful rights and interests of parties, to ensure the correct implementation of law, and to enable lawyers to play a positive role in the development of the socialist legal system.


Article 2 The term "lawyer" as used in this Law means a practitioner who has acquired a lawyer's practice certificate pursuant to law and provides legal services to the public.


Article 3 In his practice, a lawyer must abide by the Constitution and law, and strictly observe lawyers' professional ethics and practice discipline.


In his practice, a lawyer must base himself on facts and take law as the criterion.


Practice by lawyers shall be subject to supervision of the State, society and the parties concerned.


Lawful practice by lawyers shall be protected by law.


Article 4 The judicial administration department under the State Council shall supervise and guide lawyers, law firms and lawyers associations in accordance with this Law.


CHAPTER II CONDITIONS OF PRACTICE BY LAWYERS


Article 5 To practise law, a person shall acquire qualification as a lawyer and a practice certificate.


Article 6 The State institutes a system of uniform national examination for the qualification as a lawyer. The qualification as a lawyer shall be granted by the judicial administration department under the State Council to a person who has acquired three years legal education in an institution of higher learning, or more education or attained an equivalent professional level, or has acquired an undergraduate education in another major in an institution of higher learning, or more education, and has passed the examination for the qualification as a lawyer.


Measures for the uniform national examination for the qualification as a lawyer shall be formulated by the judicial administration department under the State Council.


Article 7 A person applying to practise law who has acquired an undergraduate legal education in an institution of higher learning, or more education, who is engaged in professional work such as legal research and teaching, and who has a senior professional title or is of an equivalent professional level, shall be granted the qualification as a lawyer, upon approval by the judicial administration department under the State Council after evaluation and verification in accordance with the prescribed conditions.


Article 8 A person who upholds the Constitution of the People's Republic of China and meets the following conditions may apply to obtain a lawyer's practice certificate:

(1) possessing the qualification as a lawyer;


(2) having had practice training at a law firm for a full year; and


(3) being a person of good character and conduct.


Article 9 A person in any one of the following situations shall not be issued a lawyer's practice certificate:

(1) having no capacity for civil acts or having limited capacity for civil acts;


(2) having been subjected to criminal punishment, except for a crime of negligence; or


(3) having been discharged from public employment or having had his lawyer's practice certificate revoked.

Article 10 A person applying to obtain a lawyer's practice certificate shall submit the following documents:

(1) an application;


(2) a lawyer qualification certificate;


(3) evaluation materials on practice training prepared by the applicant's law firm; and


(4) a copy of the applicant's certificate of identity.


Article 11 A person applying to obtain a lawyer's practice certificate who, upon examination and verification by the judicial administration department of the people's government at or above the level of the province, autonomous region or municipality directly under the Central Government, is considered to meet the conditions provided for in this Law shall be issued by the department a lawyer's practice certificate within 30 days of receiving the application. If the applicant fails to meet the conditions provided for in this Law, he shall not be issued a lawyer's practice certificate and shall be notified of the matter in writing within 30 days of receiving his application.


Article 12 A lawyer shall practise in one law firm and shall not practise in two or more law firms simultaneously.

A lawyer's practice is not subject to regional restriction.

Article 13 Any of the active working personnel of a State organ shall not concurrently practise as a lawyer.

A lawyer shall not practise law while serving as a member of a standing committee of a people's congress at any level.

Article 14 A person who has not obtained a lawyer's practice certificate shall not practise law under the title of "lawyer" or act as agent ad litem or defend a client for the purpose of seeking economic benefit.

Article 15 A law firm is the organization in which lawyers practise.

A law firm shall meet the following conditions:

(1) to have its own name, domicile and articles of association;


(2) to have assets of RMB 100,000 yuan or more; and


(3) to have lawyers who conform to the provisions of this Law.

Article 16 A law firm established with the capital contribution from the State shall be independent in its practice pursuant to law and shall undertake liability for its debts with its entire assets.

Article 17 Lawyers may establish cooperative law firms, which shall undertake liability for their debts with their entire assets.

Article 18 Lawyers may establish partnership law firms. The partners shall undertake unlimited and joint and several liability for the debts of the law firm.

Article 19 Persons applying to establish a law firm who, after examination and verification by the judicial administration department of the people's government at or above the level of the province, autonomous region or municipality directly under the Central Government, are considered to meet the conditions provided for in this Law shall be issued by the department a law firm practice certificate within 30 days of receiving the application. Those who fail to meet the conditions provided for in this Law shall not be issued a law firm practice certificate and shall be notified of the matter in writing within 30 days of receiving the application.

Article 20 A law firm may establish branch offices. The establishment of a branch office shall be subject to examination and verification conducted in accordance with the prescribed conditions by the judicial administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where the proposed branch office is to be located.

A law firm shall undertake liability for the debts of a branch office it has established.

Article 21 A law firm shall report to the original examination and verification department changes it wishes to make in important matters such as its name, domicile, articles of association, and partners, or dissolution of the firm.

Article 22 A law firm shall, in accordance with the articles of association, arrange for lawyers to carry out business, study laws and State policies, and summarize and exchange work experience.

Article 23 When lawyers undertake business, their law firm shall centrally accept authorization, sign written authorization contracts with the clients and, in accordance with State regulations, collect fees from the parties and truthfully enter them in its accounts.

Law firms and lawyers shall pay tax in accordance with law.

Article 24 Law firms and lawyers shall not solicit business by unfair means such as slandering other lawyers or paying middleman's fees.


CHAPTER IV BUSINESS, RIGHTS AND OBLIGATIONS OF PRACTISING LAWYERS


Article 25 A lawyer may engage in the following business:

(1) to accept engagement by citizens, legal persons or other organizations to act as legal counsel;


(2) to accept authorization by a party in a civil or administrative case to act as agent ad litem and participate in the proceedings;


(3) to accept engagement by a criminal suspect in a criminal case to provide him with legal advice and represent him in filing a petition or charge or obtaining a guarantor pending trial; to accept authorization by a criminal suspect or defendant or accept appointment by a People's Court to act for the defense; and to accept authorization by a private prosecutor in a case of private prosecution or by the victim or his close relatives in a case of public prosecution to act as agent ad litem and participate in the proceedings;


(4) to represent clients in filing petition in all types of litigation;


(5) to accept authorization by a party to participate in mediation and arbitration activities;


(6) to accept authorization by a party involved in non-litigation legal matters to provide legal services; and


(7) to answer inquiries regarding law and to represent clients in writing litigation documents and other documents regarding legal matters.

Article 26 A lawyer acting as legal counsel shall provide opinions regarding legal issues to the person who has engaged him, draft and review legal documents, act as agent to participate in litigation, mediation or arbitration activities, handle other legal matters authorized by the person who has engaged him, and protect the lawful rights and interests of the person who has engaged him.

Article 27 A lawyer acting as agent in litigation or non-litigation legal matters shall, within the limits of authorization, protect the lawful rights and interests of the client.

Article 28 A lawyer representing a defendant in a criminal case shall present, on the basis of facts and law, materials and arguments to prove that a criminal suspect is innocent or is less guilty than charged, or that his criminal responsibility should be reduced or relieved, in order to protect the lawful rights and interests of the criminal suspect or defendant.

Article 29 A client may refuse to be further defended or represented by a lawyer, and may authorize another lawyer to act in his defense or to represent him.

After accepting authorization, a lawyer shall not, without good reason, refuse to defend or to represent a client. However, if the matter authorized violates law, the client uses the service provided by the lawyer to engage in illegal activities or the client conceals facts, the lawyer shall have the right to refuse to defend or to represent the client.

Article 30 A lawyer participating in litigation activities may, according to the provisions of procedure laws, collect and consult the materials pertaining to the case he is undertaking, meet and correspond with a person whose personal freedom is restricted, appear in court, participate in litigation, and enjoy other rights provided for in the procedure laws.

When a lawyer acts as agent ad litem or defend clients, his right to argue or present a defense shall be protected in accordance with law.

Article 31 When undertaking legal matters, a lawyer may, with the consent of the relevant units or individuals, address inquiries to such units or individuals.

Article 32 In practice activities, a lawyer's right of the person shall not be violated.

Article 33 A lawyer shall keep confidential secrets of the State and commercial secrets of the parties concerned that he comes to know during his practice activities and shall not divulge the private affairs of the parties concerned.

Article 34 A lawyer shall not represent both parties involved in the same case.

Article 35 A lawyer shall not commit any of the following acts in his practice activities:

(1) to accept authorization privately, charge fees to the client privately, or accept money or things of value from the client;


(2) to seek the disputed rights and interests of a party or accept money or things of value from the opposing party by taking advantage of providing legal services;


(3) to meet with a judge, prosecutor, or arbitrator in violation of regulations;


(4) to entertain and give gifts to a judge, prosecutor, arbitrator or other relevant working personnel or bribe them, or instigate or induce a party to bribe them;


(5) to provide false evidence, conceal facts or intimidate or induce another with promise of gain to provide false evidence, conceal facts, or obstruct the opposing party's lawful obtaining of evidence; or


(6) to disrupt the order of a court or an arbitration tribunal, or interfere with the normal conduct of litigation or arbitration activities.

Article 36 A lawyer who once served as a judge or prosecutor shall not act as agent ad litem or defend clients within two years after leaving his post in the People's Court or the People's Procuratorate.

Article 37 A lawyers association is a public organization with the status of a legal person and shall be the lawyers' self-disciplinary organization.

The All-China Lawyers Association is established at the national level, while local lawyers associations are established by provinces, autonomous regions, and municipalities directly under the Central Government. Local lawyers associations may be established according to need by cities divided into districts.

Article 38 The articles of association of lawyers associations are formulated centrally by the national congress of the members and submitted to the judicial administration department under the State Council for the record.

Article 39 A lawyer must join his local lawyers association. A lawyer who has joined his local lawyers association is at the same time a member of the All-China Lawyers Association.

In accordance with the articles of association of lawyers association, members of lawyers associations shall enjoy the rights granted by, and perform the obligations specified in, the articles of association.

Article 40 Lawyers associations shall perform the following duties:

(1) assuring that lawyers practise according to law and protecting lawyers' lawful rights and interests;


(2) summarizing and exchanging lawyers' work experience;


(3) organizing professional training for lawyers;


(4) conducting education in, inspection of, and supervision over, the professional ethics and practice discipline of lawyers;


(5) making arrangements for exchanges between Chinese and foreign lawyers;


(6) mediating disputes arising in lawyers' practice activities; and


(7) other duties prescribed by law.

Lawyers associations shall give awards to or take disciplinary measures against lawyers in accordance with the articles of association.

Article 41 A citizen who needs the assistance of lawyers in respect of matters such as livelihood support, work-related injuries, criminal procedure, claims for State compensation or claims for lawful payment of pensions for the disabled or families of the deceased, but cannot afford lawyers fees, may obtain legal aid in accordance with State regulations.

Article 42 A lawyer must undertake the duty of legal aid in accordance with State regulations, and provide the recipient with legal services in fulfilment of his duty and responsibility.

Article 43 Specific measures for legal aid shall be formulated by the judicial administration department under the State Council and submitted to the State Council for approval.

Article 44 If a lawyer commits any of the following acts, the judicial administration department of the people's government of a province, autonomous region, municipality directly under the Central Government or a city divided into districts shall issue a disciplinary warning; where the case is serious, the said department shall impose a penalty of cessation of practice for no less than three months and no more than one year; and any illegal income shall be confiscated:

(1) simultaneously practising in two or more law firms;

(2) representing both parties involved in the same case;

(3) soliciting business by unfair means such as slandering other lawyers or paying middleman's fees;

(4) refusing to defend or represent a client, without good reason, after accepting authorization;

(5) failing to appear in court on schedule to participate in litigation or arbitration without good reason;

(6) divulging commercial secrets or private affairs of a party concerned;

(7) accepting authorization privately, charging fees to a client privately, accepting money or things of value from a client or using the provision of legal services to seek the disputed rights and interests of a party concerned or accepting money or things of value from the opposing party;

(8) meeting with a judge, prosecutor or arbitrator in violation of regulations or entertaining and giving gifts to a judge, prosecutor, arbitrator or other relevant working personnel;

(9) obstructing the opposing party's lawful obtaining of evidence;

(10) disrupting the order of a court or arbitration tribunal, or interfering with the normal conduct of litigation or arbitration activities; or

(11) other acts in respect of which penalties should be imposed.

Article 45 If a lawyer commits any of the following acts, the judicial administration department of the people's government of a province, autonomous region, or municipality directly under the Central Government shall revoke his practice certificate; where the case constitutes a crime, criminal responsibility shall be pursued according to law;

(1) divulging State secrets;

(2) bribing a judge, prosecutor, arbitrator or other relevant working personnel or instigating or inducing a party to do so; or

(3) providing false evidence, concealing important facts or intimidating or inducing another with promise of gain to provide false evidence or conceal important facts.

Where a lawyer is subjected to criminal punishment for an intentional crime, his lawyer's practice certificate shall be revoked.

Article 46 A person who impersonates a lawyer and provides legal services shall be ordered by the public security authorities to cease the illegal practice of law, which shall confiscate his illegal income and may also impose a fine of no more than 5,000 yuan and detention of no more than 15 days.

A person who has not obtained a lawyer's practice certificate but engages in the business of acting as agent ad litem or defending clients for the purpose of seeking economic benefit shall be ordered to cease the illegal practice of law by the judicial administration department of the local people's government at or above the county level, which shall confiscate any illegal income and may also impose a fine of no less than one and no more than five times the amount of the illegal income.

Article 47 A law firm that commits an act in violation of the provisions of this Law shall be ordered to set it right by the judicial administration department of the people's government of a province, autonomous region, or municipality directly under the Central Government, which shall confiscate any illegal income and may also impose a fine of no less than one and no more than five times the amount of the illegal income; where the case is serious, the law firm shall be ordered to cease practice for consolidation or its practice certificate shall be revoked.

Article 48 If a person on whom a penalty has been imposed does not accept the decision on the administrative penalty rendered by the judicial administration department, he may apply for reconsideration to the judicial administration department at the next higher level within 15 days of receiving the decision. If he does not accept the reconsideration decision, he may bring a lawsuit in a People's Court within 15 days of receiving the reconsideration decision. He may also directly bring a lawsuit in a People's Court.

If a person who has been fined neither applies for reconsideration, institutes administrative proceedings, nor performs the penalty decision, the judicial administration department that rendered the penalty decision may apply to a People's Court for enforcement.

If an application is made for a lawyer's practice certificate according to Article 11 of this Law or application is made for approval to establish a law firm in accordance with Article 19 of this Law, and the applicant does not accept the decision not to issue a lawyer's practice certificate or a practice certificate for the law firm, he may apply for reconsideration or bring a lawsuit pursuant to the procedure provided by the first paragraph of this Article.

Article 49 If a lawyer practises illegally or causes losses to a party due to his fault, the law firm in which he practises shall bear the liability for compensation. After paying compensation, the law firm may claim recovery from the lawyer that acted intentionally or committed gross negligence.

Lawyers and law firms may not be relieved of or limited in the civil liability that they shall bear for the losses caused to a party due to illegal practice of law or fault.


CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 50 With respect to lawyers who serve in the military and provide legal services to the military, their obtaining of the qualification as a lawyer, their rights, obligations and code of conduct as a lawyer shall be governed by this Law. Specific measures for administration of military lawyers shall be formulated separately by the State Council and the Central Military Commission.

Article 51 Specific measures governing the establishment of offices by foreign law firms to engage in prescribed legal service activities within the territory of the People's Republic of China shall be formulated by the State Council.

Article 52 Specific measures on lawyers fees shall be formulated by the judicial administration department under the State Council and submitted to the State Council for approval.

Article 53 This Law shall be effective as of January 1, 1997. The Interim Regulations of the People's Republic of China on Lawyers adopted at the 15th Meeting of the Standing Committee of the Fifth National People's Congress on August 26, 1980 shall be repealed at the same time.



中华人民共和国律师法


(1996年5月15日第八届全国人民代表大会常务委员会第十九次会议通过 根据2001年12月29日第九届全国人民代表大会常务委员会第二十五次会议《关于修改〈中华人民共和国律师法〉的决定》修正)
第一章 总则

第一条 为了完善律师制度,保障律师依法执行业务,规范律师的行为,维护当事人的合法权益,维护法律的正确实施,发挥律师在社会主义法制建设中的积极作用,制定本法。

第二条 本法所称的律师,是指依法取得律师执业证书,为社会提供法律服务的执业人员。

第三条 律师执业必须遵守宪法和法律,恪守律师职业道德和执业纪律。

律师执业必须以事实为根据,以法律为准绳。律师执业应当接受国家、社会和当事人的监督。律师
依法执业受法律保护。

第四条 国务院司法行政部门依照本法对律师、律师事务所和律师协会进行监督、指导。

第二章 律师执业条件

第五条 律师执业,应当取得律师资格和执业证书。

第六条 取得律师资格应当经过国家统一的司法考试。具有高等院校法律专业本科以上学历,或者高等院校其他专业本科以上学历具有法律专业知识的人员,经国家司法考试合格的,取得资格。

适用前款规定的学历条件确有困难的地方,经国务院司法行政部门审核确定,在一定期限内,可以将学历条件放宽为高等院校法律专业专科学历。

第七条 具有高等院校法学本科以上学历,从事法律研究、教学等专业工作并具有高级职称或者具有同等专业水平的人员,申请律师执业的,经国务院司法行政部门按照规定的条件考核批准,授予律师资格。

第八条 拥护中华人民共和国宪法并符合下列条件的,可以申请领取律师执业证书:

(一)具有律师资格;

(二)在律师事务所实习满一年;

(三)品行良好。

第九条 有下列情形之一的,不予颁发律师执业证书:

(一)无民事行为能力或者限制民事行为能力的;

(二)受过刑事处罚的,但过失犯罪的除外;

(三)被开除公职或者被吊销律师执业证书的。

第十条 申请领取律师执业证书的,应当提交下列文件:

(一)申请书;

(二)律师资格证明;

(三)申请人所在律师事务所出具的实习鉴定材料;

(四)申请人身份证明的复印件。

第十一条 申请领取律师执业证书的,经省、自治区、直辖市以上人民政府司法行政部门审核,符合本法规定条件的,应当自收到申请之日起三十日内颁发律师执业证书;不符合本法规定条件的,不予颁发律师执业证书,并应当自收到申请之日起三十日内书面通知申请人。

第十二条 律师应当在一个律师事务所执业,不得同时在两个以上律师事务所执业。律师执业不受地域限制。

第十三条 国家机关的现职工作人员不得兼任执业律师。

律师担任各级人民代表大会常务委员会组成人员期间,不得执业。

第十四条 没有取得律师执业证书的人员,不得以律师名义执业,不得为牟取经济利益从事诉讼代理或者辩护业务。

第三章 律师事务所

第十五条 律师事务所是律师的执业机构。

律师事务所应当具备下列条件:

(一)有自己的名称、住所和章程;

(二)有十万元以上人民币的资产;

(三)有符合本法规定的律师。

第十六条 国家出资设立的律师事务所,依法自主开展律师业务,以该律师事务所的全部资产对其债务承担责任。

第十七条 律师可以设立合作律师事务所,以该律师事务所的全部资产对其债务承担责任。

第十八条 律师可以设立合伙律师事务所,合伙人对该律师事务所的债务承担无限责任和连带责任。

第十九条 申请设立律师事务所的,经省、自治区、直辖市以上人民政府司法行政部门审核,符合本法规定条件的,应当自收到申请之日起三十日内颁发律师事务所执业证书;不符合本法规定条件的,不予颁发律师事务所执业证书,并应当自收到申请之日起三十日内书面通知申请人。

第二十条 律师事务所可以设立分所。设立分所,须经拟设立分所所在地的省、自治区、直辖市人民政府司法行政部门按照规定的条件审核。

律师事务所对其设立的分所的债务承担责任。

第二十一条 律师事务所变更名称、住所、章程、合伙人等重大事项或者解散的,应当报原审核部门。

第二十二条 律师事务所按照章程组织律师开展业务工作,学习法律和国家政策,总结、交流工作经验。

第二十三条 律师承办业务,由律师事务所统一接受委托,与委托人签订书面委托合同,按照国家规定向当事人统一收取费用并如实入帐。律师事务所和律师应当依法纳税。

第二十四条 律师事务所和律师不得以诋毁其他律师或者支付介绍费等不正当手段争揽业务。  

第四章 执业律师的业务和权利、义务 

第二十五条 律师可以从事下列业务:

(一)接受公民、法人和其他组织的聘请,担任法律顾问;

(二)接受民事案件、行政案件当事人的委托,担任代理人,参加诉讼;

(三)接受刑事案件犯罪嫌疑人的聘请,为其提供法律咨询,代理申诉、控告,申请取保候审,接受犯罪嫌疑人、被告人的委托或者人民法院的指定,担任辩护人,接受自诉案件自诉人、公诉案件被害人或者其近亲属的委托,担任代理人,参加诉讼;

(四)代理各类诉讼案件的申诉;

(五)接受当事人的委托,参加调解、仲裁活动;

(六)接受非诉讼法律事务当事人的委托,提供法律服务;

(七)解答有关法律的询问、代写诉讼文书和有关法律事务的其他文书。

第二十六条 律师担任法律顾问的,应当为聘请人就有关法律问题提供意见,草拟、审查法律文书,代理参加诉讼、调解或者仲裁活动,办理聘请人委托的其他法律事务,维护聘请人的合法权益。

第二十七条 律师担任诉讼法律事务代理人或者非诉讼法律事务代理人的,应当在受委托的权限内,维护委托人的合法权益。

第二十八条 律师担任刑事辩护人的,应当根据事实和法律,提出证明犯罪嫌疑人、被告人无罪、罪轻或者减轻、免除其刑事责任的材料和意见,维护犯罪嫌疑人、被告人的合法权益。

第二十九条 委托人可以拒绝律师为其继续辩护或者代理,也可以另行委托律师担任辩护人或者代理人。

律师接受委托后,无正当理由的,不得拒绝辩护或者代理,但委托事项违法,委托人利用律师提供的服务从事违法活动或者委托人隐瞒事实的,律师有权拒绝辩护或者代理。

第三十条 律师参加诉讼活动,依照诉讼法律的规定,可以收集、查阅与本案有关的材料,同被限制人身自由的人会见和通信,出席法庭,参与诉讼,以及享有诉讼法律规定的其他权利。

律师担任诉讼代理人或者辩护人的,其辩论或者辩护的权利应当依法保障。

第三十一条 律师承办法律事务,经有关单位或者个人同意,可以向他们调查情况。

第三十二条 律师在执业活动中的人身权利不受侵犯。

第三十三条 律师应当保守在执业活动中知悉的国家秘密和当事人的商业秘密,不得泄露当事人的隐私。

第三十四条 律师不得在同一案件中,为双方当事人担任代理人。

第三十五条 律师在执业活动中不得有下列行为:

(一)私自接受委托,私自向委托人收取费用,收受委托人的财物;

(二)利用提供法律服务的便利牟取当事人争议的权益,或者接受对方当事人的财物;

(三)违反规定会见法官、检察官、仲裁员;

(四)向法官、检察官、仲裁员以及其他有关工作人员请客送礼或者行贿,或者指使、诱导当事人行贿;

(五)提供虚假证据,隐瞒事实或者威胁、利诱他人提供虚假证据,隐瞒事实以及妨碍对方当事人合法取得证据;

(六)扰乱法庭、仲裁庭秩序,干扰诉讼、仲裁活动的正常进行。

第三十六条 曾担任法官、检察官的律师,从人民法院、人民检察院离任后两年内,不得担任诉讼代理人或者辩护人。

第五章 律师协会

第三十七条 律师协会是社会团体法人,是律师的自律性组织。

全国设立中华全国律师协会,省、自治区、直辖市设立地方律师协会,设区的市根据需要可以设立地方律师协会。

第三十八条 律师协会章程由全国会员代表大会统一制定,报国务院司法行政部门备案。

第三十九条 律师必须加入所在地的地方律师协会。加入地方律师协会的律师,同时是中华全国律师协会的会员。

律师协会会员按照律师协会章程,享有章程赋予的权利,履行章程规定的义务。

第四十条 律师协会履行下列职责:

(一)保障律师依法执业,维护律师的合法权益;

(二)总结、交流律师工作经验;

(三)组织律师业务培训;

(四)进行律师职业道德和执业纪律的教育、检查和监督;

(五)组织律师开展对外交流;

(六)调解律师执业活动中发生的纠纷;

(七)法律规定的其他职责。

律师协会按照章程对律师给予奖励或者给予处分。

第六章 法律援助

第四十一条 公民在赡养、工伤、刑事诉讼、请求国家赔偿和请求依法发给抚恤金等方面需要获得律师帮助,但是无力支付律师费用的,可以按照国家规定获得法律援助。

第四十二条 律师必须按照国家规定承担法律援助义务,尽职尽责,为受援人提供法律服务。

第四十三条 法律援助的具体办法,由国务院司法行政部门制定,报国务院批准。

第七章 法律责任

第四十四条 律师有下列行为之一的,由省、自治区、直辖市以及设区的市的人民政府司法行政部门给予警告,情节严重的,给予停止执业三个月以上一年以下的处罚;有违法所得的,没收违法所得:

(一)同时在两个以上律师事务所执业的;

(二)在同一案件中为双方当事人代理的;

(三)以诋毁其他律师或者支付介绍费等不正当手段争揽业务的;

(四)接受委托后,无正当理由,拒绝辩护或者代理的;

(五)无正当理由,不按时出庭参加诉讼或者仲裁的;

(六)泄露当事人的商业秘密或者个人隐私的;

(七)私自接受委托,私自向委托人收取费用,收受委托人财物,利用提供法律服务的便利牟取当事人争议的权益,或者接受对方当事人的财物的;

(八)违反规定会见法官、检察官、仲裁员或者向法官、检察官、仲裁员以及其他有关工作人员请客送礼的;

(九)妨碍对方当事人合法取得证据的;

(十)扰乱法庭、仲裁庭秩序,干扰诉讼、仲裁活动的正常进行的;

(十一)应当给予处罚的其他行为。

第四十五条 律师有下列行为之一的,由省、自治区、直辖市人民政府司法行政部门吊销律师执业证书;构成犯罪的,依法追究刑事责任:

(一)泄露国家秘密的;

(二)向法官、检察官、仲裁员以及其他有关工作人员行贿或者指使、诱导当事人行贿的;

(三)提供虚假证据,隐瞒重要事实或者威胁、利诱他人提供虚假证据,隐瞒重要事实的。

律师因故意犯罪受刑事处罚的,应当吊销其律师执业证书。

第四十六条 冒充律师从事法律服务的,由公安机关责令停止非法执业,没收违法所得,可以并处五千元以下罚款、十五日以下拘留。

没有取得律师执业证书,为牟取经济利益从事诉讼代理或者辩护业务的,由所在地的县级以上地方人民政府司法行政部门责令停止非法执业,没收违法所得,可以并处违法所得一倍以上五倍以下罚款。

第四十七条 律师事务所有违反本法规定的行为的,由省、自治区、直辖市人民政府司法行政部门责令改正,没收违法所得,可以并处违法所得一倍以上五倍以下罚款;情节严重的,责令停业整顿或者吊销执业证书。

第四十八条 被处罚人对司法行政部门作出的行政处罚决定不服的,可以自收到决定之日起十五日内向上一级司法行政部门申请复议,对复议决定不服的,可以自收到复议决定之日起十五日内向人民法院提起诉讼;也可以直接向人民法院提起诉讼。

受到罚款处罚,不申请行政复议或者提起行政诉讼,又不履行处罚决定的,作出处罚决定的司法行政部门可以申请人民法院强制执行。

依照本法第十一条申请领取律师执业证书,或者依照本法第十九条申请设立律师事务所,申请人对不予颁发律师执业证书或者律师事务所执业证书不服的,可以依照第一款规定的程序申请复议或者提起诉讼。

第四十九条 律师违法执业或者因过错给当事人造成损失的,由其所在的律师事务所承担赔偿责任。律师事务所赔偿后,可以向有故意或者重大过失行为的律师追偿。

律师和律师事务所不得免除或者限制因违法执业或者因过错给当事人造成损失所应当承担的民事责任。

第八章 附则

第五十条 为军队提供法律服务的军队律师,其律师资格的取得和权利、义务及行为准则,适用本法规定。对军队律师的具体管理办法,由国务院和中央军事委员会另行制定。

第五十一条 外国律师事务所在中华人民共和国境内设立机构从事规定的法律服务活动的管理办法,由国务院制定。

第五十二条 律师收费的具体办法,由国务院司法行政部门制定,报国务院批准。

第五十三条 本法自1997年1月1日起施行。1980年8月26日第五届全国人民代表大会常务委员会第十五次会议通过的《中华人民共和国律师暂行条例》同时废止。
 

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