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。
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.
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。
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.
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。
Article 3 In his practice, a lawyer must abide by the Constitution and law, and strictly observe lawyers' professional ethics and practice discipline.
律师执业必须以事实为根据,以法律为准绳。
In his practice, a lawyer must base himself on facts and take law as the criterion.
律师执业应当接受国家、社会和当事人的监督。
Practice by lawyers shall be subject to supervision of the State, society and the parties concerned.
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。
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.
第六条 国家实行律师资格全国统一考试制度。
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.
具有高等院校法学专科以上学历或者同等专业水平,以及高等院校其他专业本科以上学历的人员,经律师资格考试合格的,由国务院司法行政部门授予律师资格。
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.
律师资格全国统一考试办法,由国务院司法行政部门制定。
Measures for the uniform national examination for the qualification as a lawyer shall be formulated by the judicial administration department under the State Council.
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。
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.
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:
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:
(一)具有律师资格;
(1) possessing the qualification as a lawyer;
第九条 有下列情形之一的,不予颁发律师执业证书:
Article 9 A person in any one of the following situations shall not be issued a lawyer's practice certificate:
第十条 申请领取律师执业证书的,应当提交下列文件:
Article 10 A person applying to obtain a lawyer's practice certificate shall submit the following documents:
(三)申请人所在律师事务所出具的实习鉴定材料;
(3) evaluation materials on practice training prepared by the applicant's law firm; and
(四)申请人身份证明的复印件。
(4) a copy of the applicant's certificate of identity.
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。
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.
第十三条 国家机关的现职工作人员不得兼任执业律师。
Article 13 Any of the active working personnel of a State organ shall not concurrently practise as a lawyer.
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。
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.
第十五条 律师事务所是律师的执业机构。
Article 15 A law firm is the organization in which lawyers practise.
律师事务所应当具备下列条件:
A law firm shall meet the following conditions:
(三)有符合本法规定的律师。
(3) to have lawyers who conform to the provisions of this Law.
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。
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.
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。
Article 17 Lawyers may establish cooperative law firms, which shall undertake liability for their debts with their entire assets.