中华人民共和国律师暂行条例_法律英语

中华人民共和国律师暂行条例

文章来源：文章作者：发布时间：2007-04-14 03:04 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

（Adopted at the 15th Meeting of the Standing¹ Committee of the Fifth National People's Congress and promulgated² 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 annulled³ 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 implementation⁴ of the law and protect the interests of the state and collectives as well as the lawful⁵ rights and interests of citizens.

　　Article 2 The principal duties of lawyers shall be：

　　（1） to accept the mandate⁶ of state organs， enterprises and institutions， public organizations and people's communes to serve as their legal advisers⁸；

　　（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 defendant⁹ or the assignment of a people's court to serve as his defender¹⁰ in a criminal case； to accept the mandate of a private prosecutor¹¹ or of the victim and his near relatives in a public prosecution¹² 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 mediation¹³ or arbitration¹⁴；

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

　　Lawyers shall publicize the socialist¹⁵ 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 adviser⁷， 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 acting¹⁶ 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 defenders¹⁷ in criminal cases， lawyers shall have the responsibility to safeguard the lawful rights and interests of the defendants¹⁸ 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 proceedings¹⁹， 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 custody²⁰.

　　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 confidential²¹ 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 eligible²² as lawyers after passing an examination：

　　（1） those who have graduated from law faculties²³ of universities or colleges and have been engaged for two or more years in judicial²⁴ 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 technological²⁵ work， are proficient²⁶ 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 attained²⁷ 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， autonomous²⁸ region， or municipality directly under the Central Government and issued a lawyer's certificate， and a report shall be made to the Ministry²⁹ of Justice of the People's Republic of China for the record. Upon discovery of an improper³⁰ 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 apprentice³¹ 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 credentials³² 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 incompetent³³ 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 advisory³⁴ 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 supervision³⁵ of the judicial administrative³⁶ organs of the state.

　　Article 14 Legal advisory offices shall be established in counties， cities and municipal districts. When necessary， specialized³⁷ 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 mandates³⁸ 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 formulate³⁹ its own articles of association.

　　Chapter IV Supplementary⁴⁰ 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 stipulated⁴¹ separately by the Ministry of Justice.

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

点击

收听单词发音

1 standing
n.持续，地位；adj.永久的，不动的，直立的，不流动的
参考例句：
After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。 They're standing out against any change in the law.他们坚决反对对法律做任何修改。

2 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

3 annulled
v.宣告无效( annul的过去式和过去分词 )；取消；使消失；抹去
参考例句：
Their marriage was annulled after just six months. 他们的婚姻仅过半年就宣告取消。 Many laws made by the former regime have been annulled. 前政权制定的许多法律被宣布无效。来自《简明英汉词典》

4 implementation
n.实施，贯彻
参考例句：
Implementation of the program is now well underway.这一项目的实施现在行情看好。

5 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

6 mandate
n.托管地；命令，指示
参考例句：
The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。 The General Election gave him no such mandate.大选并未授予他这种权力。

7 adviser
n.劝告者，顾问
参考例句：
They employed me as an adviser.他们聘请我当顾问。 Our department has engaged a foreign teacher as phonetic adviser.我们系已经聘请了一位外籍老师作为语音顾问。

8 advisers
顾问，劝告者( adviser的名词复数 )；（指导大学新生学科问题等的）指导教授
参考例句：
a member of the President's favoured circle of advisers 总统宠爱的顾问班子中的一员 She withdrew to confer with her advisers before announcing a decision. 她先去请教顾问然后再宣布决定。

9 defendant
n.被告；adj.处于被告地位的
参考例句：
The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。 The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

10 defender
n.保卫者，拥护者，辩护人
参考例句：
He shouldered off a defender and shot at goal.他用肩膀挡开防守队员，然后射门。 The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。

11 prosecutor
n.起诉人；检察官，公诉人
参考例句：
The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。 The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

12 prosecution
n.起诉，告发，检举，执行，经营
参考例句：
The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。 He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

13 mediation
n.调解
参考例句：
The dispute was settled by mediation of the third country. 这场争端通过第三国的斡旋而得以解决。 The dispute was settled by mediation. 经调解使争端得以解决。

14 arbitration
n.调停，仲裁
参考例句：
The wage disagreement is under arbitration.工资纠纷正在仲裁中。 Both sides have agreed that the arbitration will be binding.双方都赞同仲裁具有约束力。

15 socialist
n.社会主义者；adj.社会主义的
参考例句：
China is a socialist country,and a developing country as well.中国是一个社会主义国家，也是一个发展中国家。 His father was an ardent socialist.他父亲是一个热情的社会主义者。

16 acting
n.演戏，行为，假装；adj.代理的，临时的，演出用的
参考例句：
Ignore her,she's just acting.别理她，她只是假装的。 During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

17 defenders
n.防御者( defender的名词复数 )；守卫者；保护者；辩护者
参考例句：
The defenders were outnumbered and had to give in. 抵抗者寡不敌众，只能投降。来自《简明英汉词典》 After hard fighting,the defenders were still masters of the city. 守军经过奋战仍然控制着城市。来自《简明英汉词典》

18 defendants
被告( defendant的名词复数 )
参考例句：
The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。 As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。来自英汉非文学 - 政府文件

19 proceedings
n.进程，过程，议程；诉讼(程序)；公报
参考例句：
He was released on bail pending committal proceedings. 他交保获释正在候审。 to initiate legal proceedings against sb 对某人提起诉讼

20 custody
n.监护，照看，羁押，拘留
参考例句：
He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。 He was taken into custody immediately after the robbery.抢劫案发生后，他立即被押了起来。

21 confidential
adj.秘（机）密的，表示信任的，担任机密工作的
参考例句：
He refused to allow his secretary to handle confidential letters.他不让秘书处理机密文件。 We have a confidential exchange of views.我们推心置腹地交换意见。

22 eligible
adj.有条件被选中的；(尤指婚姻等)合适(意)的
参考例句：
He is an eligible young man.他是一个合格的年轻人。 Helen married an eligible bachelor.海伦嫁给了一个中意的单身汉。

23 faculties
n.能力( faculty的名词复数 )；全体教职员；技巧；院
参考例句：
Although he's ninety, his mental faculties remain unimpaired. 他虽年届九旬，但头脑仍然清晰。 All your faculties have come into play in your work. 在你的工作中，你的全部才能已起到了作用。来自《简明英汉词典》

24 judicial
adj.司法的，法庭的，审判的，明断的，公正的
参考例句：
He is a man with a judicial mind.他是个公正的人。 Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

25 technological
adj.技术的；工艺的
参考例句：
A successful company must keep up with the pace of technological change.一家成功的公司必须得跟上技术变革的步伐。 Today,the pace of life is increasing with technological advancements.当今，随着科技进步，生活节奏不断增快。

26 proficient
adj.熟练的，精通的；n.能手，专家
参考例句：
She is proficient at swimming.她精通游泳。 I think I'm quite proficient in both written and spoken English.我认为我在英语读写方面相当熟练。

27 attained
（通常经过努力）实现( attain的过去式和过去分词 )；达到；获得；达到（某年龄、水平、状况）
参考例句：
She has attained the degree of Master of Arts. 她已获得文学硕士学位。 Lu Hsun attained a high position in the republic of letters. 鲁迅在文坛上获得崇高的地位。

28 autonomous
adj.自治的；独立的
参考例句：
They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。 This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。

29 ministry
n.(政府的)部；牧师
参考例句：
They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。 We probed the Air Ministry statements.我们调查了空军部的记录。

30 improper
adj.不适当的，不合适的，不正确的，不合礼仪的
参考例句：
Short trousers are improper at a dance.舞会上穿短裤不成体统。 Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。

31 apprentice
n.学徒，徒弟
参考例句：
My son is an apprentice in a furniture maker's workshop.我的儿子在一家家具厂做学徒。 The apprentice is not yet out of his time.这徒工还没有出徒。

32 credentials
n.证明，资格，证明书，证件
参考例句：
He has long credentials of diplomatic service.他的外交工作资历很深。 Both candidates for the job have excellent credentials.此项工作的两个求职者都非常符合资格。

33 incompetent
adj.无能力的，不能胜任的
参考例句：
He is utterly incompetent at his job.他完全不能胜任他的工作。 He is incompetent at working with his hands.他动手能力不行。

34 advisory
adj.劝告的，忠告的，顾问的，提供咨询
参考例句：
I have worked in an advisory capacity with many hospitals.我曾在多家医院做过顾问工作。 He was appointed to the advisory committee last month.他上个月获任命为顾问委员会委员。

35 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

36 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

37 specialized
adj.专门的，专业化的
参考例句：
There are many specialized agencies in the United Nations.联合国有许多专门机构。 These tools are very specialized.这些是专用工具。

38 mandates
托管（mandate的第三人称单数形式）
参考例句：
Individual mandates would require all people to purchase health insurance. 个人托管要求所有人都要购买健康保险。 While I agree with those benefits, I'm not a supporter of mandates. 我同意上述好处，我不是授权软件的支持者。

39 formulate
v.用公式表示；规划；设计；系统地阐述
参考例句：
He took care to formulate his reply very clearly.他字斟句酌，清楚地做了回答。 I was impressed by the way he could formulate his ideas.他陈述观点的方式让我印象深刻。

40 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

41 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

上一篇：中华人民共和国中外合资经营企业劳动管理规定下一篇：全国人民代表大会常务委员会关于批准《广东省经济特区条例》的决