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Interim Regulations of the People's Republic of China on Lawyers(1980) [Expired]
中华人民共和国律师暂行条例 [失效]
【法宝引证码】
 
  

 

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 and promulgated 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)
 

中华人民共和国律师暂行条例
(一九八0年八月二十六日第五届全国人民代表大会常务委员会
第十年次会议通过一九八0年八月二十六日
全国人民代表大会常务委员会令第五号公布)


CHAPTER I THE TASK AND RIGHTS OF LAWYERS
 

第一章 律师的任务和权利


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 implementation of the law and protect the interests of the state and collectives as well as the lawful rights and interests of citizens.
  第一条 律师是国家的法律工作者,其任务是对国家机关、企业事业单位、社会团体、人民公社和公民提供法律帮助,以维护法律的正确实施,维护国家、集体的利益和公民的合法权益。
Article 2. The principal duties of lawyers shall be:
  第二条 律师的主要业务如下:
(1) to accept the mandate of state organs, enterprises and institutions, public organizations and people's communes to serve as their legal advisers;
 (一)接受国家机关、企业事业单位、社会团体、人民公社的聘请,担任法律顾问。
(2) to accept the mandate of a party to a civil action to serve as his representative in litigation;
 (二)接受民事案件当事人的委托,担任代理人参加诉讼。
(3) to accept the mandate of a defendant or the assignment of a people's court to serve as his defender in a criminal case; to accept the mandate of a private prosecutor or of the victim and his near relatives in a public prosecution to serve as their representative in litigation;
 (三)接受刑事案件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、公诉案件被害人及其近亲属的委托,担任代理人,参加诉讼。
(4) to accept the mandate of a party in a non-contentious matter to give legal assistance or serve as its representative in mediation or arbitration;
 (四)接受非诉讼事件当事人的委托,提供法律帮助,或者担任代理人,参加调解、仲裁活动。
(5) to give consultative advice on legal questions and draft documents in connection with litigation or other legal matters.
Lawyers shall publicize the socialist legal system through all their professional activities.
 (五)解答关于法律的询问,代写诉讼文书和其它有关法律事务的文书。
律师应当通过全部业务活动,宣传社会主义法制。
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.

  第三条 律师进行业务活动,必须以事实为根据,以法律为准绳,忠实于社会主义事业和人民的利益。
律师依法执行职务,受国家法律保护,任何单位、个人不得干涉。
Article 4. When being retained by an organization as its legal adviser, a lawyer shall have the responsibility to give advice on legal questions arising from the business of the client organization, draft and examine legal documents for it, represent it in litigation, mediation or arbitration, and safeguard its lawful rights and interests.
  第四条 律师担任法律顾问的责任, 是为聘请单位就业务上的法律问题提供意见, 草拟、审查法律事务文书,代理参加诉讼、调解或者仲裁活动,维护聘请单位的合法权益。
Article 5. When acting as representatives in litigation and non-contentious 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.
  第五条 律师担任诉讼和非诉讼事件代理人的责任,是在所受委托的权限内,维护委托人的合法权益。
律师在代理权限内的诉讼行为和法律行为,与委托人自已的诉讼行为和法律行为有同等效力。
Article 6. When acting as defenders in criminal cases, lawyers shall have the responsibility to safeguard the lawful rights and interests of the defendants 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.
  第六条 律师担任刑事辩护人的责任,是根据事实和法律,维护被告人的合法权益。
律师认为被告人没有如实陈述案情,有权拒绝担任辩护人。
Article 7. In legal proceedings, 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 defendants held in custody.
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 confidential state secrets and matters of personal privacy which they come into contact with in their work.
  第七条 律师参加诉讼活动,有权依照有关规定,查阅本案材料,向有关单位、个人调查。律师担任刑事辩护人时,可以同在押的被告人会见和通信。
律师进行前款所列活动,有关单位、个人有责任给予支持。
律师对于业务活动中接触的国家机密和个人阴私,有保守秘密的责任。
CHAPTER II THE QUALIFICATIONS OF LAWYERS
 

第二章 律师资格


Article 8. The undermentioned 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 eligible as lawyers after passing an examination:
  第八条 热爱中华人民共和国,拥护社会主义制度,有选举权和被选举权的下列公民,经考核合格,可以取得律师资格,担任律师:
(1) those who have graduated from law faculties of universities or colleges and have been engaged for two or more years in judicial work, legal instruction or jurisprudential studies;
 (一)在高等院校法律专业毕业,并且做过两年以上司法工作、法律教学工作或者法学研究工作的;
(2) those who have had professional legal training and have worked as judges in people's courts or as procurators in people's procuratorates;
 (二)受过法律专业训练,并且担任过人民法院审判员、人民检察院检察员的;
(3) those who have received college education, have completed three or more years of economic, scientific and technological work, are proficient 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
 (三)受过高等教育,做过三年以上经济、科技等工作,熟悉本专业以及与本专业有关的法律、法令,并且经过法律专业训练,适合从事律师工作的;
(4) those who have attained the same level of knowledge of practical legal work as is required of persons prescribed in Items (1) 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.
 (四)其他具有本条第(一)项或第(二)项所列人员的法律业务水平,并具有高等学校文化水平,适合从事律师工作的。
Article 9. To be eligible as a lawyer, a person must be examined and approved by the judicial department (bureau) of a province, autonomous region, or municipality directly under the Central Government and issued a lawyer's certificate, and a report shall be made to the Ministry of Justice of the People's Republic of China for the record. Upon discovery of an improper examination and approval, the Ministry of Justice shall instruct the relevant judicial department (bureau) to conduct a re-examination.
  第九条 取得律师资格, 须经省、自治区、直辖市司法厅(局)考核批准, 发给律师证书,并报中华人民共和国司法部备案。司法部发现审批不当的,应当通知司法厅(局)重新审查。
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.
  第十条 取得律师资格的人员不能脱离本职的,可以担任兼职律师。兼职律师所在单位应当给予支持。
人民法院、人民检察院、人民公安机关的现职人员不得兼做律师工作。
Article 11. Those who have graduated from law faculties of universities or colleges or have gone through professional legal training may act as apprentice 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 credentials 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.
  第十一条 高等院校法律专业毕业生或者经过法律专业训练的人员,经省、自治区、直辖市司法厅(局)考核批准,可以担任实习律师。
实习律师的实习期为两年。 实习期满,依照本条例第九条规定的程序,授予律师资格;考核不合格的,可以延长其实习期。
Article 12. Lawyers who are incompetent 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.
  第十二条 律师严重不称职的,得经省、自治区、直辖市司法厅(局)决定,报司法部批准,取消其律师资格。
CHAPTER III BUSINESS ORGANIZATIONS OF LAWYERS
 

第三章 律师的工作机构


Article 13. Legal advisory 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 supervision of the judicial administrative organs of the state.
  第十三条 律师执行职务的工作机构是法律顾问处。
法律顾问处是事业单位,受国家司法行政机关的组织领导和业务监督。
Article 14. Legal advisory offices shall be established in counties, cities and municipal districts. When necessary, specialized legal advisory offices may be established with the approval of the Ministry of Justice.
Legal advisory offices shall not be subordinate to one an other.
  第十四条 法律顾问处按县、市、市辖区设立。必要时,经司法部批准,可以设立专业性的法律顾问处。
法律顾问处之间没有隶属关系。
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.
  第十五条 法律顾问处的主要任务,是领导律师开展业务工作,组织律师学习政治和法律业务知识,总结、交流律师的工作经验。
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.
  第十六条 法律顾问处设主任一人, 根据需要,可以设副主任。 主任、副主任均由本处律师选举产生,报经省、自治区、直辖市司法厅(局)批准,任期为三年, 连选得连任。
法律顾问处主任、副主任领导法律顾问处的工作,并且必须执行律师职务。
Article 17. The mandates 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.
  第十七条 律师承办业务,由法律顾问处统一接受委托,并且统一收费。
法律顾问处给律师分配任务,应当根据实际条件尽量满足委托人的指名要求。
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.
  第十八条 法律顾问处可以指派律师到外地进行业务活动,当地法律顾问处应当给予帮助。
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 formulate its own articles of association.
  第十九条 为维护律师的合法权益,交流工作经验,促进律师工作的开展,增进国内外法律工作者的联系,建立律师协会。
律师协会是社会团体。组织章程由律师协会制订。
CHAPTER IV SUPPLEMENTARY PROVISIONS
 第四章 附则
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 stipulated separately by the Ministry of Justice.
  第二十条 律师职称标准、律师奖惩规定和律师收费办法,由司法部另行制订。
Article 21. These Regulations shall go into effect on January 1, 1982.

  第二十一条 本条例自1982年1月1日起施行。

     
     
【法宝引证码】        北大法宝www.lawinfochina.com
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