-
中华人民共和国律师法
-
英汉对照法律英语
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
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。
< br>
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
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:
(
一
)
申请书；
(1) an
application;
<
/p>
(
二
)
律师资格
证明；
(2) a lawyer qualification certificate;
(
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.
第十二条
律师应当在一个律师事务所执业，不得同时在两个以上律师事务所执业。
Article 12 A lawyer shall practise in
one law firm and shall not practise in two or more
law
firms simultaneously.
律师执业不受地域限制。
A lawyer's
practice is not subject to regional restriction.
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.
律师担任各级人民代表大会常务委员会组成人员期间，不得执业。
A
lawyer
shall
not
practise
law
while
serving
as
a
member
of
a
standing
committee
of
a
people's congress at any level.
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
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:
(
一
)
有自己的名称、住所和章程；
(1)
to have its own name, domicile and articles of
association;
<
/p>
(
二
)
有十万元
以上人民币的资产；
(2) to have assets of RMB
100,000 yuan or more; and
(
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.
第十八条
律师可以设立合伙律师事务
所，合伙人对该律师事务所的债务承担无限责任
和连带责任。
Article
18
Lawyers
may
establish
partnership
law
firms.
The
partners
shall
undertake
unlimited and
joint and several liability for the debts of the
law firm.
第十九条
申请设立律师事务所的，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事务所执业证书；
不
符合本法规定条件的，
不予颁发律师事务所执业证书
，
并应当自收到申请之日起三十日内书
面通知申请人。
Article 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.
第二十条
律师事务所可以设立分所。
设立分所，
须经拟设立分所所在地的
省、
自治区、
直辖市人民政府司法行政部门按照规定的条件审核
。
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.
律师事务所对其设立的分所的债务承担责任。
A
law firm shall undertake liability for the debts
of a branch office it has established.
第二十一条
律师事务所变更名称、住
所、章程、合伙人等重大事项或者解散的，应当
报原审核部门。
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.
第二十二条
律师事务所按照章程组织
律师开展业务工作，
学习法律和国家政策，
总结、
交流工作经验。
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.
第二十三条
律师承办业务，
由律师事务所统一接受委托，
与委托人签订书
面委托合同，
按照国家规定向当事人统一收取费用并如实入帐。
Article
23
When
lawyers
undertake
business,
their
law
firm
shall
centrally
accept
authorization, 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.
律师事务所和律师应当依法纳税。
Law
firms and lawyers shall pay tax in accordance with
law.
第二十四条
律师事务所和律师不得以
诋毁其他律师或者支付介绍费等不正当手段争揽
业务。
Article
24
Law
firms
and
lawyers
shall
not
solicit
business
by
unfair
means
such
as
slandering other lawyers
or paying middleman's fees.
第四章
执业律师的业务和权利、义务
CHAPTER IV
BUSINESS, RIGHTS AND OBLIGATIONS OF PRACTISING
LAWYERS
第二十五条
律师可以从事下列业务：
Article 25 A
lawyer may engage in the following business:
(
一
)
接受公民、法人和其他组织的聘请，担
任法律顾问；
(1)
to
accept
engagement
by
citizens,
legal
persons
or
other
organizations
to
act
as
legal
counsel;
(
二
)
接受民事案件、行政案件当事人的委托，担任代理人，参加诉讼；
(2) to accept authorization by a party
in a civil or administrative cases to act as agent
ad litem
and participate in the
proceedings;
<
/p>
(
三
)
接受刑事
案件犯罪嫌疑人的聘请，为其提供法律咨询，代理申诉、控告，申请取保
候审，
接受犯罪嫌疑人、
被告人的委托或者人民法院的指定，
< br>担任辩护人，
接受自诉案件自
诉人、公诉案件被害人或者
其近亲属的委托，担任代理人，参加诉讼；
(3) to accept
engagement by a criminal suspect in a criminal
case to provide him with legal
advice
and represent him in filing a petition or charge
or obtaining a guarantor pending trial; to
accept authorization by a criminal
suspect or defendant or accept appointment by a
People's Court
to
act
for
the
defense;
and
to
accept
authorization
by
a
private
prosecutor
in
a
case
of
private
prosecution 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;
(
四
)
代理各类诉讼案件的申诉；
(4) to
represent clients in filing petition in all types
of litigation;
(
五
)
接受当
事人的委托，参加调解、仲裁活动；
(5) to accept
authorization by a party to participate in
mediation and arbitration activities;
(
六
)
接受非诉讼法律事务当事人的委托，提供法律服务；
(6) to accept authorization by a party
involved in non-litigation legal matters to
provide legal
services; and
(
七
)
解答有关法律的询问、代写诉讼文书和有关法律事务的其他文书。
(7) to answer inquiries regarding law
and to represent clients in writing litigation
documents
and other documents regarding
legal matters.
第二十六条
律师担任法律顾问的，应
当为聘请人就有关法律问题提供意见，草拟、审
查法律文书，代理参加诉讼、调解或者仲
裁活动，
办理聘请人委托的其他法律事务，维护聘
请人的合法权
益。
Article 26 A lawyer acting 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 authorized by the person
who has engaged him, and protect the
lawful rights and interests of the person who has
engaged
him.
第二十七条
律师担任诉讼法律事务代理人或者非诉讼法律事务代理人的，应当在受委
托的权限内，
维护委托人的合法权益。
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.
第二十八条
律师担任刑事辩护人的，应当根据事实和法律，提出证明犯罪嫌疑人、被
告人无罪、<
/p>
罪轻或者减轻、免除其刑事责任的材料和意见，维护犯罪嫌疑人、被告人的合法
权益。
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.
第二十九条
委托人可以拒绝律师为其
继续辩护或者代理，也可以另行委托律师担任辩
护人或者代理人。
Article 29 A client may refuse to be
further defended or represented by a lawyer, and
may
authorize another lawyer to act in
his defense or to represent him.
律师接受委托后，无正当理由的，
不得拒绝辩护或者代理，但委托事项违法，
委托人利
用律师提供
的服务从事违法活动或者委托人隐瞒事实的，律师有权拒绝辩护或者代理。
After accepting authorization, a lawyer
shall not, without good reason, refuse to defend
or to
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