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Requirements of lawyer license application in China

Time:2014-03-13 Hit:1805

Requirements of lawyer license application in China
  In China, a person shall acquire a certificate of legal profession and a license if he/she wants to practice law as a lawyer. Prior application of the lawyer license, a person must attend the unified national judicial examination, which is uniform national examination for the legal profession. The person passed the examination will be issued a certificate for the qualification of starting a career of legal profession, such as lawyer, judge, or a prosecutor in the territory of China mainland. Measures for such uniform national examination are formulated by the administration department under the State Council of China. 
For the application of a lawyer license, the following conditions shall be met: 
(1) upholds the Constitution Law of the People’s Republic of China; and
(2) passed the unified national judicial examination; and
(3) completed one full year’s internship in a law firm; and
(4) with good character and behavior 
The following documents shall be summited to the judicial administration department of the p districts or of a municipality directly under the Central Government:
(1) the qualification legal profession certificate obtained after passing the unified national judicial examination; and
(2) documents indicating that the applicant is qualified as a lawyer upon the completion of the internship prepared by the lawyers’ association; and
(3) a copy of identity card of the applicant; and 
(4) documents produced by a law firm showing that it agrees to recruit such applicant.
In China, a law teacher or law researcher in an institution of college may apply for a part-time lawyer license, provided that he/she meets the conditions for the lawyer license application and permission of his/her employer. Part-time lawyer is allowed to practice law as long as he/ she holds a certificates issued by the judicial administration department. A person without a lawyer’s license shall not provide legal services in the name of lawyer; nor act as agent for the plaintiff or defendant. A person, who has worked for at least 15 years in the fields of the profession where persons providing legal service are lacking, applying to practice as a full-time lawyer and acquired an undergraduate education in an institution of higher learning or an education at a higher level, , or who has a senior professional title or has attained an equivalent professional level and acquired the necessary legal knowledge of the profession, shall be subject to appraisal by the judicial administration department under the State Council for obtaining the lawyer license.
  The judicial department shall grant the applicant of the lawyer license within 30 days commencing from the day receives all the proper application materials. But a lawyer license shall not be granted under any of the following circumstance:
(1) the applicant has no capacity for civil conduct or has limited capacity for civil conduct; or
(2)the applicant has been subjected to punishment of an intentional crime; or
(3) the applicant has been discharged form public employment or has had his/her lawyer’s practice certificate revoked.
Any of the government officers shall not apply the lawyer license and the lawyer who serve as a member of a standing committee of people’s congress shall not practice law during the period of serving.

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