颁布日期：20011229 　实施日期：20020101 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.65

　　The Decision of the Standing¹ Committee of the National People's Congress on Amending² the Law of the People's Republic of China on Lawyers, adopted at the 25th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on December 29,2001, is hereby promulgated³ and shall go into effect as of January 1,2002.

　　Jiang Zemin

　　President of the People's Republic of China

　　December 29,2001

　　（Adopted at the 25th Meeting of the Standing Committee of the Ninth National People's Congress on December 29,2001）

　　At its 25th Meeting, the Standing Committee of the Ninth National People's Congress discusses the Draft Amendment⁴ to the Law of the People's Republic of China on Lawyers and decides to make the following amendments⁵ to the Law of the People's Republic of China on Lawyers：

　　1．Article 6 is revised to read：“Anyone who wants to obtain a qualification of lawyers shall pass the uniform national judicial⁶ examination. Anyone who has completed four-year courses of law in institutions of higher education, or has completed four-year courses in other fields of learning in institutions of higher education and has professional knowledge of law may be qualified⁷ for a lawyer after passing the national judicial examination.

　　“Where there are really difficulties in applying the requirements for educational background prescribed in the preceding paragraph, the requirements may be lowered, within a certain period of time, to be two-or three-year courses of law in institutions of higher education upon examination and approval by the administrative⁸ department of justice under the State Council.”

　　2．This Decision shall go into effect as of January 1,2002.

　　The Law of the People's Republic of China on Lawyers shall be revised correspondingly according to this Decision and shall be promulgated anew.

　　Anyone who meets the requirements for educational background for taking part in the examination for lawyers, as prescribed by the former Law of the People's Republic of China on Lawyers before this Decision goes into effect may still enter his name for the national judicial examination in 2002 and may obtain the qualification after passing the examination.

　　Appendix：

　　Law of the People's Republic of China on Lawyers

　　（Adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15,1996, revised according to the Decision on Amending the Law of the People's Republic of China on Lawyers adopted at 25th Meeting of the Standing Committee of the Ninth National People's Congress on December 29,2001）

　　Contents

　　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 Supplementary⁹ Provisions

　　Chapter I

　　General Provisions

　　Article 1 This Law is enacted¹⁰ in order to improve the system governing lawyers, to ensure that lawyers practise according to law, to standardize¹¹ acts of lawyers, to safeguard the lawful¹² rights and interests of parties, to ensure the correct implementation¹³ of law, and to enable lawyers to play a positive role in the development of the socialist¹⁴ legal system.

　　Article 2 The term“lawyer”as used in this Law means a practitioner¹⁵ who has acquired a lawyer's practice certificate pursuant to law and provides legal services to the public.

　　Article 3 In this practice, a lawyer must abide¹⁶ by the Constitution and law, and strictly¹⁷ observe lawyers' professional ethics¹⁸ 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 supervision¹⁹ 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 Anyone who wants to obtain a qualification of lawyers shall pass the uniform national judicial examination. Anyone who has completed four-year courses of law in institutions of higher education, or has completed four-year courses in other fields of learning in institutions of higher education and has professional knowledge of law may be qualified for a lawyer after passing the national examination.

　　Where there are really difficulties in applying the requirements for educational background prescribed in the preceding paragraph, the requirements may be lowered, within a certain period of time, to be two-or-three-year curses of law in institutions of higher education upon examination and approval by the administrative department of justice under the State Council.

　　Article 7 A person applying to practise law who has acquired an undergraduate legal education in an institution 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 evaluation²⁰ and verification in accordance 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 negligence²¹; or

　　（3）having been discharged from public employment or having had his lawyer's practice certificate revoked²³.

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

　　（1）an applications;

　　（2）a lawyer qualification certificate;

　　（3）evaluation materials on practice training prepared by the applicant²⁴'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, autonomous²⁵ 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 simultaneously²⁶.

　　A lawyer's practice is not subject to regional restriction²⁷.

　　Article 13 Any of the active working personnel of a State organ shall not concurrently²⁸ 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.

　　Chapter III

　　Law Firms

　　Article 15 A law firm is the organization in which lawyers practice。

　　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 partnership²⁹ law firms. The partners shall undertake unlimited³⁰ and joint³¹ 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 authorization³², 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 solicit³³ business by unfair means such as slandering³⁴ 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 proceedings³⁵;

　　（3）to accept engagement by a criminal suspect in a criminal case to provide him with legal advice and represent in filing a petition or charge or obtaining a guarantor pending³⁶ trial; to accept authorization by a criminal suspect or defendant³⁷ or accept appointment by a People's Court to act for the defense³⁸; and to accept authorization by a private prosecutor³⁹ in a case of private prosecution⁴⁰ 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 mediation⁴¹ and arbitration⁴² activities;

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

　　（7）to answer inquiries⁴³ regarding law and to represent clients in writing litigation documents and other documents regarding legal matters.

　　Article 26 A lawyer acting⁴⁴ 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 authorized⁴⁶ 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 authorize⁴⁵ 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 conceals⁴⁸ 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 pertaining⁴⁹ to the case he is undertaking⁵⁰, 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 confidential⁵¹ secrets of the State and commercial secrets of the parties concerned that he comes to know during his practice activities and shall not divulge⁵² 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 privately⁵³, 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 violation⁵⁴ of regulations;

　　（4）to entertain and give gifts to a judge, prosecutor, arbitrator or other relevant working personnel or bribe⁵⁵ them, or instigate⁵⁶ or induce a party to bribe them;

　　（5）to provide false evidence, conceal⁴⁷ facts or intimidate⁵⁷ or induce another with promise of gain to provide false evidence, conceal facts, or obstruct⁵⁸ the opposing party's lawful obtaining of evidence; or

　　（6）to disrupt the order of a court or an arbitration tribunal, or interfere⁵⁹ 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 Procuratorates.

　　Chapter V

　　Lawyers Associations

　　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 formulated⁶⁰ 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 specified⁶¹ in, the articles of associations.

　　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, inspection⁶² 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.

　　Chapter VI

　　Legal Aid

　　Article 41 A citizen who needs the assistance of lawyers in respect of matters such as livelihood⁶³ 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 recipient⁶⁴ with legal services in fulfilment of his duty 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.

　　Chapter VII

　　Legal Liability

　　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 confiscated⁶⁶：

　　（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 interfering⁶⁷ 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 revoke²² 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 instigating⁶⁸ or inducing a party to do so; or

　　（3）providing false evidence, concealing⁶⁹ important facts or intimidating⁷⁰ 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 intentional⁷¹ 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 confiscate⁶⁵ his illegal income and may also impose a fine of no more than 5,000 yuan and detention⁷² 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 consolidation⁷³ or its practice certification 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 lawsuit⁷⁴ 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 a application is made for a lawyer's practice certificate accordance 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 intentionally⁷⁵ 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 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 go into effect as of January 1,1997, The Interim⁷⁶ Regulation 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 repealed⁷⁷ at the same time.

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