中华人民共和国律师法中英对照.doc

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1、中华人民共和国律师法中英对照中华人民共和国律师法Law of the Peoples 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

2、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 lawyer as used in this Law mea

3、ns a practitioner who has acquired a lawyers 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 disc

4、ipline. 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 la

5、w. 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。 Artic

6、le 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。 Article 6 The State institutes a system of uniform national examination for the qualification as a lawyer. T

7、he 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 undergradu

8、ate 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 adm

9、inistration 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 en

10、gaged 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 veri

11、fication 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 Peoples Republic of China and meets the following conditions may apply to obtain a lawyers practice certificate: (一)具有律师资格； (1) possessing the qualifica

12、tion 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 lawyers practice certificate: (一)无

13、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 la

14、wyers 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 lawyers practice certificate shall submit the following documents: (一)申请书； (1) an application; (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

15、 practice training prepared by the applicants law firm; and (四)申请人身份证明的复印件。 (4) a copy of the applicants 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 lawyers

16、practice certificate who, upon examination and verification by the judicial administration department of the peoples 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 La

17、w shall be issued by the department a lawyers 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 lawyers practice certificate and shall be notified of the matter in writing within 30 days

18、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 lawyers 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 th

19、e 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 peoples 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

20、A person who has not obtained a lawyers practice certificate shall not practise law under the title of lawyer or act as agent ad litem or defend a client for the purpose of seeking 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

21、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; (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

22、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 establ

23、ish 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 fi

24、rm. 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 peoples government at or abov

25、e 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 t

26、he 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. Th

27、e 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 peoples government of the province, autonomous region or municipality directly under the Central Government wher

28、e 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 chang

29、es 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 busine

30、ss, 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

31、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 mean

32、s such as slandering other lawyers or paying middlemans 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

33、 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; (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，担任辩护人，接受自诉案件自诉人、公

34、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

35、a Peoples 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 i

36、n 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; an

37、d (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 co

38、unsel 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 rig

39、hts 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

40、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、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 crimin

41、al 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

42、 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 represent a client. However, if the matter authorized violates law, the client uses

43、the service provided by the lawyer to engage in illegal activities or the client conceals facts, the lawyer shall have the right to refuse to defend or to represent the client. 第三十条 律师参加诉讼活动，依照诉讼法律的规定，可以收集、查阅与本案有关的材料，同被限制人身自由的人会见和通信，出席法庭，参与诉讼，以及享有诉讼法律规定的其他权利。 Article 30 A lawyer participating in lit

44、igation activities may, according to the provisions of procedure laws, collect and consult the materials pertaining to the case he is undertaking, meet and correspond with a person whose personal freedom is restricted, appear in court, participate in litigation, and enjoy other rights provided for i

45、n the procedure laws. 律师担任诉讼代理人或者辩护人的，其辩论或者辩护的权利应当依法保障。 When a lawyer acts as agent ad litem or defend clients, his right to argue or present a defense shall be protected in accordance with law. 第三十一条 律师承办法律事务，经有关单位或者个人同意，可以向他们调查情况。 Article 31 When undertaking legal matters, a lawyer may, with the c

46、onsent of the relevant units or individuals, address inquiries to such units or individuals. 第三十二条 律师在执业活动中的人身权利不受侵犯。 Article 32 In practice activities, a lawyers right of the person shall not be violated. 第三十三条 律师应当保守在执业活动中知悉的国家秘密和当事人的商业秘密，不得泄露当事人的隐私。 Article 33 A lawyer shall keep confidential sec

47、rets of the State and commercial secrets of the parties concerned that he comes to know during his practice activities and shall not divulge the private affairs of the parties concerned. 第三十四条 律师不得在同一案件中，为双方当事人担任代理人。 Article 34 A lawyer shall not represent both parties involved in the same case. 第三十

48、五条 律师在执业活动中不得有下列行为： Article 35 A lawyer shall not commit any of the following acts in his practice activities: (一)私自接受委托，私自向委托人收取费用，收受委托人的财物； (1) to accept authorization privately, charge fees to the client privately, or accept money or things of value from the client; (二)利用提供法律服务的便利牟取当事人争议的权益，或者接受对方当事人的财物； (2) to seek the disputed rights and interests of a party or accept money or things of value from the opposing party by taking advantage of pr