What Is a Constitutional Attorney?

The lawyer's oath system was established on June 17, 2000 to regulate lawyers 'oath activities, guide lawyers to firmly establish their beliefs as socialist rule of law workers with Chinese characteristics, enhance lawyers' sense of professional mission, honor and social responsibility, and cultivate Chinese characteristics The spirit of socialist lawyer practice is established in accordance with the Lawyers Law of the People's Republic of China and the Constitution of the All-China Lawyers Association.

Lawyer Oath System

The lawyer's oath system was established on June 17, 2000 to regulate lawyers 'oath activities, guide lawyers to firmly establish their beliefs as socialist rule of law workers with Chinese characteristics, enhance lawyers' sense of professional mission, honor and social responsibility, and cultivate Chinese characteristics The spirit of socialist lawyer practice is established in accordance with the Lawyers Law of the People's Republic of China and the Constitution of the All-China Lawyers Association.

Chinese name

Lawyer Oath System

organizer

Administration of Justice / Bar Association

host

Head of bar association or judicial administration

Sworn person

President or Vice President of the Bar Association

Oathman

Head of the Judiciary Administration and the Bar Association

Establishment day

June 17, 2000

On June 17, 2000, the National Law Association issued the "Decision on Implementing the Oath System for Practicing Lawyers", but because the content was too general, it was not effectively implemented in practice.

In September 2010, the Office of the State Council and the State Council forwarded the "Opinions of the Ministry of Justice on Further Strengthening and Improving the Work of Lawyers" (Zhongbanfa [2010] No. 30), which clearly stated that the integrity oath system for lawyer practitioners should be implemented.

On December 1, 2011, the 25th Ministers' Office of the Ministry of Justice passed the "Decision on Establishing a Lawyer's Oath System", which requires that in order to guide the majority of lawyers to firmly establish the belief of being a socialist legal worker with Chinese characteristics, consciously practice "loyalty, The core values of "for the people, fairness, integrity", effectively improve the ideological and political quality, professional ethics and professional quality of the lawyer team, continuously enhance the lawyer's sense of professional mission, honor and social responsibility, and cultivate and form a socialist lawyer's professional spirit with Chinese characteristics In accordance with the Lawyers Law of the People's Republic of China, it was decided to establish a lawyer oath system throughout the country, stipulating that, with the permission of the judicial administrative agency, the first time to obtain or re-apply for a lawyer's practice certificate shall be within three months from the date of the lawyer's practice license , The oaths were taken in batches and concentrated, and the ceremony was organized by the district-level or municipal-level judicial administrative organs in conjunction with the Bar Association.

On February 3, 2012, the Ministry of Justice issued the "Decision on Establishing a Lawyer's Oath System", and the local legal associations based on this decision formulated corresponding rules for lawyers 'oaths and organized lawyers' oaths activities. In the new era, the party and the state have put forward new requirements for the development of lawyers. According to the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council,

1.Join the legal profession community

The lawyer is a member of the legal professional community. By sworn, the lawyer declares his membership in the community. Not only lawyers, judges and prosecutors also need to take an oath. This oath system of the judicial professional community means that in future practice, lawyers should treat other community members in a civilized and dignified manner. So the rules require that lawyers take an oath under the leadership of the president and vice president of the association.

Lawyers' Oath Rule (Trial)

(Considered and approved by the 15th Standing Committee of the Ninth National Law Association on October 26, 2018)

The first is to regulate lawyers' oaths activities, cultivate the professional spirit of Chinese lawyers, and enhance the professional mission and honor of lawyers. According to the Lawyers Law of the People's Republic of China, the Ministry of Justice's Decision on Establishing a Lawyer's Oath System, and Articles of Association of the Lawyers Association.

Article 2: Practising lawyers who have obtained or re-applied to obtain a lawyer's practice certificate for the first time shall take a lawyer's oath.

Article 3 The swearing ceremony shall be organized and implemented by the first-level bar associations at the city or provincial level.

The bar association shall organize a lawyer's oath within three months from the date the lawyer obtains a practising certificate.

Article 4 The oath of the lawyer is:

I swear: I am a lawyer of the People's Republic of China, loyal to the Constitution, loyal to the motherland, loyal to the people, safeguard the lawful rights and interests of the parties, safeguard the correct implementation of the law, safeguard social fairness and justice, fulfill my duties, be diligent, and work hard to build a socialist country ruled by law!

The fifth oath ceremony requires:

(1) The place of oath shall be solemn and solemn, flying the flag of the People's Republic of China;

(2) The oath-taking ceremony shall be presided over by the person in charge of the Bar Association or the person in charge of the judicial administration organ invited, and the sworn person shall be the chairman or vice-chairman of the Bar Association;

(3) A person in charge of the oath ceremony shall be appointed by the judicial administrative organ and the bar association to serve as a person in charge;

(4) When the sworn person takes an oath, he should be in an upright position and face the national flag.

Article 6 The swearing ceremony shall be conducted according to the following procedures:

(1) The swearing person and the swearing person stand in line facing the national flag, the swearing person stands neatly behind the swearing person, and the swearing person stands facing the swearing person in front of the swearing person;

(2) The host announces the commencement of the oath ceremony;

(3) playing the national anthem;

(4) recite oaths;

(5) The oathman confirms the effect of the oath;

(6) The affidavit signs the name and date of the affidavit.

Article 7. The oath ceremony may take the form of a separate oath or a collective oath.

There can be no oath of oath alone. When taking a separate oath, the sworn person should stroke the left hand with the Constitution of the People's Republic of China, raise his fist with his right hand, with his fist facing forward, put it near his ear, and read the oath.

When taking an oath collectively, the sworn person stroked his left hand according to the Constitution of the People's Republic of China, raised his fist with his right hand, his fist facing forward, placed it next to his ear, and recited the oath sentence by sentence; other sworn persons arranged neatly, his left hand naturally drooped, his right hand raised With his fist facing forward, put it next to his ear and repeat the oath step by step. After the swearing person utters the oath and finishes the "sworn person", the swearing person declares his name in turn.

If a person with a physical disability or illness cannot take an oath in a prescribed upright posture, the oath may be taken in another appropriate and solemn posture.

Article 8. The swearing person swears that he shall wear a crown, wear a light-colored shirt, wear a crimson scarf on the neckline, wear a lawyer s court costume, wear a lawyer s badge on his chest, wear dark formal pants and dark leather shoes; female lawyer Wear a dark dress.

Lawyers' appearance in court shall be clean, flat and undamaged. No lawyer shall wear or cover other clothing, or wear other accessories or other items.

Article 9: Recite oaths and advocate the use of Mandarin. In areas where ethnic minorities live in concentrated communities or where multiple ethnic groups live together, ethnic minority lawyers may take oaths in their own language.

The swearing person and the swearing person shall recite the oath completely at a normal speed, with clear words and loud speech, and shall not add, delete or distort the pronunciation of the oath content specified in Article 4 of these Rules.

Article 10 The oathsman declares that the oath meets the requirements of these rules and confirms it is valid.

If the oathman discovers that there is any situation that does not comply with these rules during the oath, he shall declare the oath invalid and request a new oath.

If the swearing person refuses to take the oath or re-swears it still does not meet the requirements, the bar association will review and determine the incompetent assessments during the annual assessment of the lawyer's practice, or instruct its law firm to re-assess and determine the incompetent assessments. .

Article 11 The affidavit confirmed to be valid and signed by the swearing person shall be deposited in the practice file of the swearing person.

Article 12. The lawyer's oath-taking ceremony shall be conducted in public, and representatives of the People's Congress, CPPCC members, judges, prosecutors and other representatives may be invited to participate.

Article 13 Lawyers shall consciously practice the oath of oath, take the oath as a code of conduct to guide the practice of lawyers, and accept the management and supervision of the lawyer industry.

Article 14: Organizing lawyers to review their oaths may be implemented with reference to these rules according to the situation.

Article 15 The interpretation of these rules is the responsibility of the Standing Council of the All-China Lawyers Association.

Article 16 These rules shall be implemented as of the date of promulgation.