中华人民共和国律师法

Law of the People's Republic of China on Lawyers

　　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.

　　律师依法执业受法律保护。

Lawful practice by lawyers shall be protected by law.

　　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.

　　第二章 律师执业条件

CHAPTER II CONDITIONS OF PRACTICE BY LAWYERS

　　第五条 律师执业，应当取得律师资格和执业证书。

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

　　第六条 国家实行律师资格全国统一考试制度。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;

　　(二)在律师事务所实习满一年；

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

　　(三)品行良好。

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

　　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:

　　(一)无民事行为能力或者限制民事行为能力的；

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

　　(二)受过刑事处罚的，但过失犯罪的除外；

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

　　(三)被开除公职或者被吊销律师执业证书的。

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

　　第十条

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