What Are the Different Types of Part-Time Legal Jobs?

Legal service workers include judges, prosecutors, public security officers, and lawyers in a broad sense, but the scope of work and admission conditions are different, and their duties are different. Legal workers refer to those who have failed the national judicial examination but have legal knowledge and can engage in litigation agency business. Its business scope is very wide, it can cover almost the entire business scope of the current law firm, but it cannot represent criminal cases. Legal workers, under the administration of the Ministry of Justice, are issued by the judicial department with qualification certificates and practising licenses, and participate in legal services such as agency, litigation and investigation of cases in accordance with relevant laws.

Chinese name: Legal worker

Introduction of legal service workers:

Legal service workers do not have the status of lawyers, and shall not contract business in the name of lawyers, conduct case investigations, or act as agents. In participating in litigation,

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Decree of the Ministry of Justice of the People's Republic of China

No. 138

The "Administrative Measures for Grassroots Legal Service Workers" has been revised and approved by the Ministry of Justice's Ministerial Conference. The revised "Administrative Measures for Grassroots Legal Service Workers" is now published and will be implemented as of February 1, 2018.

Zhang Jun

December 25, 2017

Measures for the Administration of Grassroot Legal Service Workers

Chapter I General Provisions

Article 1 These measures are formulated in order to strengthen the supervision and management of grass-roots legal service workers, to ensure that grass-roots legal service workers practice according to law, and in accordance with relevant laws and regulations.

Article 2. Those who meet the conditions for practicing under these Measures, who have obtained the "Primary Legal Service Workers Practice Certificate" after being approved by the judicial administrative organs, and who work in grassroots legal service offices and provide legal services to society are grassroots legal service workers.

Article 3 The duties of grass-roots legal service workers are to carry out legal services in accordance with the scope of business and practice requirements stipulated by the Ministry of Justice, safeguard the lawful rights and interests of the parties, maintain the correct implementation of the law, and promote social stability, economic development, and the construction of the rule of law.

Grass-roots legal service workers are legally protected in accordance with the law, and no organization or individual may infringe their legitimate rights and interests.

Article 4 Grass-roots legal service workers shall regard supporting the leadership of the Communist Party of China and socialist rule of law as the basic requirements for employment.

Article 5 The judicial administrative organs shall administer and guide grass-roots legal service workers in accordance with these Measures.

Chapter II Practice Conditions

Article 6 To apply for the practice of grass-roots legal service workers, the following conditions shall be met:

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

(2) Graduated from law major of colleges and universities and passed the examinations organized by judicial administrative organs of provinces, autonomous regions and municipalities;

(3) Good conduct;

(4) good health;

(5) At least one year of internship at a grassroots legal service office, except for those who have more than two years of other legal professional experience.

Autonomous counties (flags) of provinces, autonomous regions, and municipalities directly under the Central Government, key counties for poverty alleviation and development work approved by the State Council, and counties governed by provinces, autonomous regions, and municipalities in the western region can relax the academic qualifications specified in the second paragraph of the preceding paragraph to higher education Graduated from a professional college or a non-law major with a legal knowledge.

Article 7 Persons with legal professional qualifications or who have obtained the qualifications of grass-roots legal service workers who meet the requirements of the first, third, fourth, and fifth paragraphs of Article 6, paragraph 1, may also apply for the practice of grass-roots legal service workers. Approved.

Article 8 Persons under any of the following circumstances shall not participate in the examinations prescribed in Article 6, paragraph 1, paragraph 2, or apply for practice approval:

(1) Being punished for a criminal offence for an intentional crime;

(2) being dismissed from public office;

(3) Having no capacity for civil conduct or having limited capacity for civil conduct.

Chapter III Practice Approval

Article 9 The district (county) judicial administrative organs at the district level or municipality directly under the Central Government shall be responsible for the approval of the practice of grass-roots legal service workers, and issue the "Primary Law Service Workers Practice Certificate".

Article 10 Anyone who applies for the approval of grass-roots legal service workers shall fill in the application registration form and submit the following materials:

(1) Qualification certificates and examination qualification certificates that meet the requirements of Article 6 of these Measures, or the qualification certificates required by Article 7;

(2) Appraisal opinions on the internship performance of the applicant by the grass-roots legal service office, or proof of other legal professional experience of more than two years;

(3) A certificate issued by the basic legal service agreeing to accept the applicant;

(4) Identification of the applicant.

Article 11 The application for approval of practice shall be submitted to the county-level judicial administrative agency at the local level for review by the grass-roots legal service of the applicant who is to be hired, and after the review opinion is issued, it shall be submitted to the district-level judicial administrative agency for review, or the proposed employment application The district (county) judicial administrative organ of the municipality where the basic legal service of the person is reported shall check and verify.

Article 12 The examination and approval authority shall complete the examination within 20 days from the date of deciding to accept the application, and make a written decision to approve or not to approve the examination and approval. If the practice approval is not allowed, the reasons shall be stated in the decision.

For applicants who are approved for practice, the Practice Approval Authority will issue a Practice Certificate for Grassroot Legal Service Workers.

If the applicant has any objection to the decision not to approve the practice approval, it may apply for administrative reconsideration in accordance with the Law of the People's Republic of China on Administrative Reconsideration and the relevant provisions of the Ministry of Justice.

Article 13 The judicial administrative organ shall make a decision not to approve practice approval for those who apply for practice approval in one of the following circumstances:

(1) One of the circumstances specified in Article 8 of these Measures;

(2) The employment contract or labor contract has been terminated by the grass-roots legal service due to serious violations of laws and disciplines;

(3) The lawyer's practice certificate has been revoked or the time limit for suspension of practice has not expired;

(4) Those who have legal professional qualifications, lawyer qualifications, or notary qualifications and have practised in a law firm or a notary office.

Article 14 Persons who meet the conditions stipulated in Article 6 or Article 7 of these Measures and who work in education and scientific research departments, private enterprises, or farming and are employed by grass-roots legal services may engage in grass-roots legal services on a part-time basis. Personnel working in scientific research departments are not allowed to take part-time jobs in accordance with relevant regulations. The application for part-time grass-roots legal service personnel's practice approval shall be handled in accordance with the conditions and procedures stipulated in these Measures.

The number of part-time grass-roots legal service workers employed by grass-roots legal services shall not exceed the number of full-time grass-roots legal service workers.

Article 15 If a grass-roots legal service worker changes his practice institution, he shall hold the certificate of termination of employment relationship and labor relationship with the original grass-roots legal service office and the certificate of acceptance of the grass-roots legal service to be changed in accordance with the procedures prescribed in these Measures. , Apply for replacement of the "Primary Legal Service Workers Practice Certificate".

Under any of the following circumstances, grassroots legal service workers shall not change their practice institutions:

(1) the business or work transfer procedures undertaken by me have not been completed;

(2) I still have a creditor's rights and debt relationship with the grassroots legal service office where I work;

(3) I have committed an act that violates professional discipline while under investigation.

Article 16 If a grass-roots legal service worker has any of the following circumstances, the "Practice Approval Certificate for Grass-roots Legal Service Workers" shall be cancelled and withdrawn by the practice approval authority:

(1) The employment contract or labor contract was terminated by the grassroots legal service due to serious violations of laws and disciplines;

(2) Cancellation of employment contract, labor contract or grass-roots legal service office with the grass-roots legal service office, and not being employed by other grass-roots legal services within six months;

(3) because of the application for cancellation;

(4) Suspension of practice due to other reasons.

Article 17 Basic-level legal service workers shall properly keep the "Primary-level Legal Service Workers' Practice Certificates" and shall not forge, alter, mortgage, lend or lease.

If the "Primary Legal Service Worker's Practice Certificate" is lost or damaged and cannot be used, the licensee shall immediately apply to the local county-level judicial administrative organ or the district (county) judicial administrative organ of the municipality for the procedures of replacement or replacement.

Chapter IV Personnel Management

Article 18 A grass-roots legal service firm shall, according to law, sign an employment contract or a labor contract with the grass-roots legal service workers practicing in the firm.

Article 19 Grass-roots legal service offices shall provide the necessary working conditions for grass-roots legal service workers to practise, safeguard their legal rights in the practice activities and management work of this firm, and guarantee their remuneration, insurance and benefits. treatment.

Article 20 The grass-roots legal service station shall establish an annual assessment system for the practice performance and compliance with professional ethics and practice discipline of grass-roots legal service workers.

The annual assessment results are divided into four grades: excellent, competent, basic competent and incompetent. The results of the annual assessment shall be used as the basis for rewarding and punishing the grassroots legal service workers.

Article 21 The grass-roots legal service institute shall award the grass-roots legal service workers whose annual assessment is outstanding or who has outstanding deeds or significant contributions in their usual practice.

If the deeds are particularly prominent, they may be reported to the relevant judicial administrative organ for commendation.

Article 22 Grass-roots legal service workers who violate professional ethics and professional discipline, violate the administrative provisions of the judicial administrative organs and the articles of association, systems or other illegal acts may be punished or dealt with in accordance with relevant regulations.

Article 23 If a grassroots legal service worker has any of the following circumstances, the grassroots legal service office may terminate the employment contract or labor contract in accordance with relevant regulations:

(1) Being assessed as incompetent for two consecutive years in the annual assessment;

(2) Those who have seriously violated the rules and regulations of the Exchange and have not corrected them after repeated education;

(3) Suspension of practice for three consecutive months without justifiable reasons;

(4) Being unable to engage in grass-roots legal services after expiration of a prescribed medical period due to illness or non-public injury.

Where a grass-roots legal service office terminates an employment contract or labor contract with a grass-roots legal service worker in accordance with the provisions of the preceding paragraph, it shall report to the local judicial administrative agency at the county level for the record and complete the cancellation procedures in accordance with the prescribed procedures.

Article 24 If a dispute arises between a grass-roots legal service office and a grass-roots legal service worker over the execution of an employment contract, they may apply to the local county-level judicial administrative agency or the district (county) judicial administrative agency of the municipality for mediation.

Chapter V Practice Rights and Obligations

Article 25: Grass-roots legal service workers shall abide by the Constitution and laws, abide by professional ethics and professional disciplines, and practice in accordance with the law, with integrity, and with standard practice.

The practice of grass-roots legal service workers should be based on facts and based on law.

Grass-roots legal service workers shall accept the supervision of the state, society and parties.

Article 26 Basic-level legal service workers may engage in the following businesses:

(1) Acting as legal counsel;

(2) Acting in civil and administrative litigation activities;

(3) Acting for non-litigation legal affairs;

(4) accepting entrustment and participating in mediation and arbitration activities;

(5) Answering legal advice;

(6) Writing legal affairs documents.

Article 27 Basic-level legal service workers who handle the business provided for in the second paragraph of Article 26 of these Measures shall meet one of the following conditions:

(1) The domicile of at least one of the parties is located in the county-level administrative division or the district (county) administrative division in the municipality where the grass-roots legal service practice is located.

(2) The case is heard by the grassroots people's court in the county-level administrative division or in the district (county) administrative division of the municipality where the grass-roots legal service in which it is practising; Entrusted by the parties to act as litigation agents.

If the judicial administrative organs of provinces, autonomous regions, and municipalities directly under the Central Government deem it necessary according to local conditions, they may appropriately adjust the conditions specified in the first paragraph of the preceding paragraph.

Article 28 The grass-roots legal service workers holding the letter of introduction issued by the grass-roots legal services, the client's power of attorney, and the Grass-roots legal service workers' practising licenses may, with the consent of the relevant units or individuals, investigate, collect and Undertake evidence materials related to legal affairs; consult relevant materials of the cases represented by law.

Article 29 Grass-roots legal service workers may refuse to represent or terminate the entrusted relationship with parties who insist on illegal requirements, intentionally conceal major facts, provide false evidence, or seriously violate the obligations stipulated in the entrustment contract.

Article 30: In the course of practice, grass-roots legal service workers who find problems in the implementation of laws, regulations and rules in local government agencies, grass-roots mass autonomous organizations, enterprises and institutions, and social organizations may submit legal service suggestions to them.

Article 31 During the practice period, grass-roots legal service workers have the right to obtain the working conditions required for practice, participate in political studies and business training, participate in the democratic management of the firm, receive labor remuneration and enjoy insurance and welfare benefits.

Article 32 Basic-level legal service workers who have violated the provisions of Article 31 of these Measures or infringed on their practice rights may request the judicial administrative organs and basic-level legal service industry associations to protect their legitimate rights and interests in accordance with the law.

Article 33 Basic-level legal service workers shall abide by the relevant regulations on unified collection, unified appointment, and unified charging of basic-level legal service offices.

Article 34 Basic-level legal service workers shall perform their legal aid obligations in accordance with relevant regulations.

Article 35 In the course of their practice, grass-roots legal service workers shall abide by the relevant systems of judicial, arbitration and administrative law enforcement activities, and respect the judicial organs, arbitration commissions, administrative law enforcement agencies and their staff in exercising their functions and powers in accordance with law.

Grass-roots legal service workers who have served as judges may not serve as litigation agents in the courts where they previously served.

Article 36 Basic-level legal service workers shall respect their counterparts, provide mutual assistance and fair competition, and jointly improve their professional standards.

Article 37 Basic-level legal service workers shall keep state secrets, business secrets, and personal privacy known to them in their practice activities.

Article 38 Grass-roots legal service workers shall be dedicated to their posts, adhere to principles, be honest and trustworthy, behave civilized, and be honest and self-disciplined, and conscientiously maintain their reputation and social image.

Article 39 Grass-roots legal service workers shall study diligently, strengthen their professional training, actively participate in professional training organized by judicial administrative organs, and continuously improve their professional standards and service skills.

Chapter VI Inspection and Supervision

Article 40 The district (county) judicial administrative organs with districts or municipalities directly under the Central Government shall conduct annual assessments of grassroots legal service workers.

The specific measures for annual assessment of grass-roots legal service workers shall be determined by the judicial administrative organs of the provinces, autonomous regions and municipalities in accordance with these measures and relevant regulations.

Article 41: Basic-level legal service workers participating in the annual assessment shall submit the following materials:

(1) Personal summary of the previous year's practice and compliance with professional ethics and practice disciplines;

(2) Annual assessment opinions on the professional performance issued by basic-level legal services;

(3) "Practice Certificate for Grassroot Legal Service Workers".

Article 42 The annual assessment materials of grass-roots legal service workers shall be reported by the grass-roots legal service office to the municipal judicial administrative department of the district after review by the local county-level judicial administrative agency, or the grass-roots legal service office shall report to the municipality. Review by district (county) judicial administrative organs.

Article 43 During the annual assessment, the judicial administrative organs of district-level or city-level municipalities (districts) under the jurisdiction of the municipalities shall, in their annual assessment, conduct basic legal service workers who have performed the acts listed in Article 46 of these Measures and have not yet been handled in accordance with these Measures The provisions of Articles 46 to 48 shall be dealt with.

Article 44 The county-level judicial administrative organs or the district (county) judicial administrative organs of municipalities directly under the Central Government shall supervise and supervise the day-to-day practice activities and compliance with professional ethics and practice discipline of grass-roots legal service workers. Legal practitioners are inspected for their practice and require relevant personnel to report work, explain the situation, and submit relevant materials. According to the requirements of the county-level judicial administrative organs or the district (county) judicial administrative organs of the municipalities directly under the Central Government, the judicial offices can undertake the specific work of guiding and supervising the grass-roots legal service workers.

Article 45 Judicial administrative agencies shall give commendation and rewards to grass-roots legal service workers who have outstanding deeds or significant contributions in accordance with relevant regulations.

Article 46 If a grass-roots legal service worker commits one of the following acts, the local county-level judicial administrative organ or the district (county) judicial administrative organ of the municipality directly under the Central Government shall warn him; if he has illegal income, he shall be confiscated in accordance with the provisions of laws and regulations Income, and the district (county) judicial administrative organ of the district-level city or municipality shall impose a fine of less than three times the illegal income, with a maximum fine of 30,000 yuan:

(1) Beyond the business scope and area of litigation agency practice;

(2) Soliciting business by improper means such as degrading others, raising oneself, false promises, or paying introduction fees;

(3) a grassroots legal service worker who has served as a judge and a litigation agent who handled the case in the former court;

(4) Practising in the name of a lawyer;

(5) Practising at the grass-roots legal service office and a law firm or a notary institution at the same time, or at the same time practising at two or more grass-roots legal service offices;

(6) Refusing to perform legal aid obligations without justifiable reasons;

(7) Knowing that the client's request is illegal and fraudulent, and still provides assistance to him;

(8) Exceeding agency powers or abusing agency powers in agency activities and infringing on the legal interests of the principals;

(9) Acting for the parties or interested third parties in the same lawsuit, arbitration, or administrative decision;

(10) Failure to abide by the entrusted contract with the parties, refusing or neglecting to perform legal service obligations, and damaging the legal rights and interests of the client;

(11) Suppressing, insulting, or retaliating against the parties in the practice activities of mediation, agency, legal counsel, etc., causing bad influence;

(12) failing to accept the annual assessment in accordance with regulations, or falsifying during the annual assessment;

(13) Disclosure of commercial secrets or personal privacy learned during the practice;

(14) Meeting the relevant judicial, arbitral, or administrative law enforcement personnel or inviting guests to present gifts in violation of regulations for the purpose of affecting the outcome of a case trial, arbitration, or administrative ruling;

(15) Accepting entrustment to undertake legal affairs in private, or collecting fees in private, or asking the client for additional remuneration;

(16) Accepting the property of the opposite party, interested parties, or malicious collusion with them in agency activities, which harms the client's legitimate rights and interests;

(17) Violating the relevant regulations of the judicial, arbitration and administrative law enforcement work, interfering with or obstructing the normal execution of judicial, arbitration and administrative law enforcement work;

(18) Disclosure of state secrets learned in the practice activities;

(19) Forging, concealing, or destroying evidence or intentionally assisting a client to forge, conceal, or destroy evidence;

(20) bribes, introduces bribes to relevant judicial personnel, arbitrators or administrative law enforcement personnel, or directs or induces clients to pay bribes to them;

(21) Other acts punishable by laws, regulations and rules.

When the judicial administrative organ imposes the above-mentioned administrative penalties on grass-roots legal service workers, it shall order them to make corrections.

Article 47 Judicial administrative organs shall impose administrative penalties on grass-roots legal service workers in accordance with the "Administrative Penalty Law of the People's Republic of China" and relevant regulations of the Ministry of Justice.

Article 48 If grassroots legal service workers are not satisfied with the administrative punishment, they may apply for administrative reconsideration in accordance with the Law of the People's Republic of China on Administrative Reconsideration and the relevant provisions of the Ministry of Justice.

Article 49 If a basic-level legal service worker has any of the following circumstances, the basic-level legal service office may terminate the employment contract or labor contract in accordance with relevant regulations:

(1) Those who commit the acts stipulated in Article 46, paragraph 1, paragraphs 13 to 17 of these Measures, and whose circumstances are serious;

(2) One of the acts specified in Articles 18, 19, 20 of Article 46 of these Measures;

(3) Being penalized for intentional crime.

Article 50 The judicial administrative organs shall establish a complaint supervision system for the practice of grass-roots legal service workers, set up complaint telephones and complaint mailboxes, accept complaints from parties and other citizens on grass-roots legal service workers' violations of laws and disciplines, and inform the results of investigation and processing. Complainant.

Article 51 If a judicial administration at a higher level considers that a judicial administration at a lower level has made mistakes or improperly in the work approval, annual assessment and administrative punishment, it shall promptly order it to rectify.

If the judicial administrative organs fail to perform their management responsibilities or interfere with the practice of grass-roots legal service workers and infringe their legal rights and interests, they shall hold the administrative responsibilities of those in charge and those directly responsible.

Chapter VII Supplementary Provisions

Article 52 The judicial administrative organs of provinces, autonomous regions, and municipalities directly under the Central Government shall, from the perspective of solving the problem of insufficient resources of lawyers in towns and underdeveloped areas and satisfying the legal service needs of the grassroots people, formulate a development plan for the grassroots legal service teams in the region.

Article 53 The "Practice Certificate for Grassroot Legal Service Workers" shall be uniformly produced by the Ministry of Justice.

Article 54 The interpretation of these measures is the responsibility of the Ministry of Justice.

Article 55 These Measures shall be implemented as of February 1, 2018. If the rules and regulatory documents previously formulated by the Ministry of Justice regarding the management of grass-roots legal service workers are inconsistent with these Measures, these Measures shall prevail.

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