What Are the Different Types of Lawyer Qualifications?

Attorney qualification refers to the formal conditions that must be possessed by lawyers, namely holding a lawyer qualification certificate (before 2002) or a legal professional qualification certificate (after 2002). Obtaining any certificate is considered to be qualified as a lawyer, a lawyer, or a lawyer.

Attorney qualification

Right!

Attorney qualification refers to the formal conditions that must be possessed by lawyers, namely holding a lawyer qualification certificate (before 2002) or a legal professional qualification certificate (after 2002). Obtaining any certificate is considered to be qualified as a lawyer, a lawyer, or a lawyer.

Article 5 of China's Lawyers Law stipulates that "lawyers must obtain a lawyer's qualification and practice certificate in order to practice." Article 6 provides two ways to obtain lawyers' qualifications: obtaining through the unified national examination and obtaining approval from the judicial administrative department.

Chinese name

Attorney qualification

Access

Hold a lawyer's qualification or legal professional qualification

Examination Nature

Qualification exams for specific legal professions

Exam level

National Vocational Qualification Examination

Awarding Department

Ministry of Justice of the People's Republic of China

China's lawyer qualification examination is held by the state. It takes legal professional knowledge as the content of examinations and allows qualified personnel to apply for the test. The purpose is to test the legal professional knowledge of the test participants and to select a national professional for the legal profession examination.

The National Bar Qualification Examination is held once a year, and is held by the Ministry of Justice, and implemented by the judicial administrative agencies of provinces, autonomous regions, and municipalities.

The National Bar Qualification Examination implements the principle of openness, fairness, and impartiality, that is, all people are equal before the conditions and procedures for registration, examination methods, examination content, scoring and admission criteria. Examinations are carried out with unified propositions, unified examinations, unified assessment papers, and unified admissions. Those who pass the examination are awarded a lawyer qualification certificate by the Ministry of Justice. In order to maintain the normal order of examinations, all kinds of cheating in violation of disciplines are strictly prohibited. For this purpose, the Ministry of Justice has formulated strict administrative rules and normative documents, and those who violate disciplines will be dealt with by examination institutions.

The bar exam is today's national judicial exam. The National Judicial Examination, which has been held since March 2002, combines the three types of exams, the "Qualification Examination for the Barrister", the "Qualification Examination for the First Judge" and the "Qualification Examination for the First Prosecutor", and was cancelled in the same year. The above three independent examination items have been prevailing. Anyone with a bachelor degree or above can register for the exam. In addition, this test does not stipulate the nature of the job and the major of the applicant. Both the Master of Laws and the Master of Laws belong to the national qualification education examination, and the judicial examination is a kind of qualification examination, which is different from the qualification education examination. In other words, if you want to obtain a qualification, you must pass the judicial examination. ^[1]

The National Judicial Examination is a qualification examination for a specific legal profession organized by the State. Newly appointed judges, prosecutors and lawyers must pass national judicial examinations. Qualified personnel who pass the national judicial examination can apply to the Ministry of Justice for the grant of legal professional qualifications. Based on this, the goal of the National Judicial Examination is to test whether the candidates have the knowledge and abilities required to serve as judges, prosecutors, practising lawyers, and notaries through scientific, reasonable, fair and just examination methods and methods. .

Article 6 of the Lawyers Law states that "the country implements a unified national examination system for lawyers' qualifications. Persons with a bachelor's degree in law or equivalent in a higher education institution, and those with a bachelor's degree or higher in other majors of higher education institutions, shall have

Conditions for applying for a lawyer's practice certificate

Article 5 of the Lawyers Law states: "To apply for the practice of a lawyer, the following conditions must be met:

(1) Supporting the Constitution of the People's Republic of China;

(2) Pass the national unified judicial examination;

(3) One year internship in a law firm;

(4) Good conduct.

The lawyer's qualification certificate obtained before the implementation of the national unified judicial examination has the same effect as the national unified judicial examination qualification certificate when applying for the practice of lawyers. "

Article 6 states: "To apply for the practice of a lawyer, an application shall be made to the judicial administrative department of the district-level municipal or municipal people's government, and the following materials shall be submitted:

(1) Qualified certificate of national unified judicial examination;

(2) The qualified materials of the applicant's internship assessment issued by the Bar Association;

(3) The identity certificate of the applicant;

(4) Certificate issued by the law firm agreeing to accept the applicant.

When applying for the practice of a part-time lawyer, the certificate of the unit where the applicant agrees to engage in the profession of lawyers on a part-time basis shall also be submitted.

The department that accepts the application shall review it within 20 days from the date of acceptance, and submit the review opinion and all application materials to the judicial administrative department of the people s government of the province, autonomous region, or municipality directly under the Central Government. The judicial administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government shall, within ten days from the date of receipt of the submitted materials, review and make a decision on whether to approve the practice. Where the practice is permitted, a lawyer's practice certificate is issued to the applicant; if the practice is not permitted, the applicant shall be given a written explanation of the reasons. "

Do not issue a lawyer's practice certificate

Article 7 of the Lawyers Law stipulates that: "An applicant shall not be issued a lawyer's practice certificate under any of the following circumstances: (1) he has no capacity for civil conduct or has limited capacity for civil conduct;

(2) Those who have been subject to criminal punishment, except those for negligent crimes;

(3) Those who have been expelled from public office or have their lawyer's practice certificate revoked.

Procedures for applying for a lawyer's practice certificate

First, those who apply for a lawyer's practice certificate shall submit the required application materials to the judicial administrative agency of the place where they are located or the law firm to be transferred to. These declaration materials include the provisions of Article 10 of the Lawyer Law:

(1) Application form;

(2) Certificate of lawyer qualification;

(3) Internship appraisal materials issued by the law firm of the applicant;

(4) A photocopy of the applicant's identity certificate.

The judicial administrative organ of the place of residence shall submit an examination opinion within 15 days of receiving the application materials and report it to the judicial department (bureau) of the province, autonomous region, or municipality level by level.

Secondly, after reviewing the application materials, the judicial administrative departments of the people's governments at or above the province, autonomous region, and municipality level shall, if they meet the requirements set forth in the Lawyer Law, issue a lawyer's practice certificate within 30 days of receiving the application; they do not meet the Lawyer Law. If conditions are stipulated, a lawyer's practice certificate shall not be issued, and the applicant shall be notified in writing within 30 days of receiving the application.

With the qualification of a lawyer, it does not mean that you can become a lawyer. You must also perform the following procedures:

Apply for a lawyer's practice certificate, provided that:

(1) Qualified as a lawyer;

(2) One year internship in a law firm;

(3) Good conduct.

Under any of the following circumstances, a lawyer's practice certificate shall not be issued:

(1) Having no capacity for civil conduct or having limited capacity for civil conduct;

(2) Those who have been subject to criminal punishment, except those for negligent crimes;

(3) Those who have been expelled from public office or have their lawyer's practice certificate revoked.

To apply for a lawyer's practice certificate, the following documents shall be submitted:

(1) Application form;

(2) Certificate of lawyer qualification;

(3) Internship appraisal materials issued by the law firm of the applicant;

(4) A photocopy of the applicant's identity certificate.

Those who apply for a lawyer's practice certificate shall, after being examined by the judicial administrative department of the people's government at or above the province, autonomous region, or municipality level, meet the conditions prescribed in this law, and shall issue a lawyer's practice certificate within 30 days of receiving the application; If not, a lawyer's practice certificate shall not be issued, and the applicant shall be notified in writing within 30 days of receiving the application.

Note that current staff members of state agencies may not concurrently serve as practicing lawyers.

Article 1 These regulations are formulated in accordance with the Lawyers Law of the People's Republic of China in order to regulate the qualification assessment and award of lawyers and ensure the quality of lawyers.

Article 2. The qualifications for the assessment of lawyers shall be conducted in strict accordance with the conditions and procedures prescribed in accordance with the needs of social development and the development of the team of lawyers, and shall be carefully controlled to ensure the quality of lawyers.

Article 3 The judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the assessment of applicants and the examination of relevant materials, and the Ministry of Justice shall be responsible for the examination and approval of the qualifications of lawyers.

The Ministry of Justice and the Judicial Departments (Bureaus) of provinces, autonomous regions and municipalities directly under the Central Government have respectively set up "Lawyer Qualification Review Committees" and "Lawyer Qualification Review Groups" to take charge of related work.

Article 5 The lawyer shall not be granted qualifications in any of the following circumstances:

(1) Those who have been subject to criminal punishment, except those for negligent crimes;

(2) Those who have been expelled from public office or have their lawyer's practice license revoked;

(3) Having no capacity for civil conduct or restricting capacity for civil conduct;

(4) Forging certification materials to apply for assessment and grant lawyers' qualifications;

(5) Others unsuitable for the profession of lawyers.

Article 6 To apply for the qualification of lawyers for assessment, the following materials shall be submitted:

(1) Application form for the qualification assessment of lawyers;

(2) Opinions issued by the law firm where the applicant is located or to be transferred;

(3) applicant's resume and resident identity card;

(4) applicant's academic qualification certificate, degree certificate and professional and technical post certificate;

(5) Other materials required by the assessment authority.

Article 7 The applicant submits the application materials to the judicial administrative authority of the place of residence through the law firm where he is located or intends to transfer. The judicial administrative authority of the place of residence submits the review opinions within 15 days and reports to the judicial authorities of the province, autonomous region, and municipality level by level Hall (bureau).

Article 8 The Provincial, Autonomous Region, and Municipality's Judicial Department (Bureau) shall review the application materials within 60 days of receiving the application materials, and organize an examination of the applicant's relevant legal expertise, lawyers' professional ethics and practice discipline rules, and propose The corresponding opinions are reported to the Ministry of Justice for approval.

Article 9 The Ministry of Justice conducts a unified review of the application for the qualification of lawyers twice a year, makes a decision on approval or disapproval, and notifies the judicial department (bureau) of the province, autonomous region, or municipality that submitted the application materials in writing. For those who approve the granting of lawyers' qualifications, a lawyer's qualification certificate shall be issued at the same time.

Article 10 After obtaining the qualification of a lawyer, the applicant shall apply for a lawyer's practice certificate and perform the duties of a lawyer in accordance with the prescribed procedures.

Article 11 In the case of a person who has been granted the qualification of a lawyer after being evaluated in one of the following circumstances, the Ministry of Justice shall, in accordance with the examination and approval procedures, revoke the decision to approve the granting of the qualification of a lawyer and withdraw the lawyer's qualification certificate:

(1) Forging or altering certification materials to defraud a lawyer's qualifications;

(2) Those who do not work full-time as lawyers.

Article 12 The measures for the assessment and granting of lawyers' qualifications by residents in Hong Kong and Macau shall be separately stipulated.

Article 13 These Measures shall come into effect on January 1, 1997, and the previous regulations on the assessment and qualification of lawyers shall be repealed at the same time.