Sifa 〔2008〕 No. 11
高级人民法院 、人民检察院、 司法厅 （局）， 解放军军事法院 、 军事检察院 、司法局， 新疆维吾尔自治区高级人民法院 生产建设兵团 分院， 新疆生产建设兵团人民检察院 、司法局： Provinces, autonomous regions, and municipalities directly under the People's Procuratorate, the People's Procuratorate , the Judiciary (the Bureau), the PLA Military Court , the Military Procuratorate , the Judicial Bureau, the Xinjiang Uygur Autonomous Region High People's Court Production and Construction Corps Branch, the Xinjiang Production and Construction Corps People's Procuratorate , and the Judicial Bureau:
中华人民共和国法官法 》、《 中华人民共和国检察官法 》、《 中华人民共和国律师法 》和《 中华人民共和国公证法 》的规定，结合 国家司法考试 工作的实际和需要，司法部会同最高人民法院、最高人民检察院对2001年制定的《 国家司法考试实施办法（试行） 》进行了修订。 According to the provisions of the Law of the People's Republic of China on Judges, the Law of the People's Republic of China on Prosecutors, the Law of the People's Republic of China on Laws of the People's Republic of China and the Law on Notarization of the People's Republic of China , combined with the actual and needs of the national judicial examination work, the Ministry of Justice The People's Court and the Supreme People's Procuratorate revised the National Judicial Examination Implementation Measures (Trial) formulated in 2001 . The revised "Administrative Measures for the Implementation of National Judicial Examination" is hereby printed and distributed to you. Please follow them.
Supreme people's court
Supreme people's procuratorate
Ministry of Justice
August 8, 2008
"National Judicial Examination Implementation Measures"
Chapter I General Provisions
The first is to establish and regulate the national judicial examination system, improve and guarantee the quality of judges, prosecutors, lawyers, and notaries. According to the Law of the People's Republic of China on Judges, the Law of the People's Republic of China on Prosecutors, and the Lawyer of the People's Republic of China Law, and the Law of the People's Republic of China on Notarization, formulated these measures.
Article 2. The national judicial examination is a qualification examination organized by the state for a particular legal profession.
First-time judges and first-time prosecutors who apply for practicing as a lawyer and serve as notaries must pass national judicial examinations and obtain legal professional qualifications. Except as otherwise provided by laws and administrative regulations.
Article 3 The national judicial examination shall be fair and just.
Article 4 The Ministry of Justice, together with the Supreme People's Court and the Supreme People's Procuratorate, form the National Judicial Examination Coordination Committee to conduct consultations on major matters of the national judicial examination.
Article 5 The National Judicial Examination shall be implemented by the Ministry of Justice.
Article 6 The implementation of the national judicial examination shall be subject to the supervision of the administrative supervision organ and the state secrecy organ.
Chapter II Examination Methods
Article 7 The national judicial examination is held once a year. The specific examination time and related arrangements will be announced to the society three months before the examination is held.
应用法学 、现行法律规定、法律实务和 法律职业道德 。 The content of the national judicial examination includes: theoretical jurisprudence, applied jurisprudence , current legal regulations, legal practice and legal professional ethics .
Article 9: The national judicial examination implements a unified national proposition.
Article 10 The national judicial examination adopts a closed book method.
Article 11: National judicial examinations are conducted nationwide, and the results are announced by the Ministry of Justice.
Chapter III Examination Organization
Article 12 The Ministry of Justice has set up a special agency to specifically undertake the work of national judicial examination.
The rules for the examination and registration of national judicial examinations, examination room settings, examination disciplines, propositions, proctors, and test papers shall be formulated by the Ministry of Justice in accordance with these Measures.
Article 13 The judicial departments (bureaus) of provinces, autonomous regions, and municipalities directly under the Central Government shall set up specialized agencies to undertake specific examination work related to national judicial examinations in accordance with regulations.
司法行政机关 及其考试工作机构应当加强国家司法考试保密管理。 Article 14 The judicial administrative organs responsible for the organization and implementation of examinations and their examination institutions shall strengthen the confidentiality management of national judicial examinations. Specific measures shall be formulated by the Ministry of Justice in conjunction with relevant departments.
Chapter IV Registration Conditions
Article 15 Persons who meet the following conditions may register for the national judicial examination:
(1) Having the nationality of the People's Republic of China;
(4) a bachelor's degree in law major from a college or a non-law major in a college and a legal knowledge;
(V) Good conduct.
Article 16 Persons who are in any of the following situations cannot register for the national judicial examination, and registration has been invalidated:
(1) Having received criminal punishment for an intentional crime;
(3) Those who have been sentenced to not register for the National Judicial Examination within two years or who have not been registered to participate in the State Judicial Examination for life.
Chapter V Granting of Qualifications
Article 17 The passing amount and passing score of the national judicial examination each year shall be announced by the Ministry of Justice after consultation with the Supreme People's Court and the Supreme People's Procuratorate.
Article 18 Persons who pass the national judicial examination and do not have the conditions specified in Article 16 of these Measures may apply to the Ministry of Justice for the grant of legal professional qualifications in accordance with the prescribed procedures, and the Ministry of Justice shall issue the Legal Professional Qualification Certificate.
The specific measures for the granting and issuing of legal professional qualifications shall be prescribed by the Ministry of Justice.
Article 19 If a person obtains a Legal Professional Qualification Certificate in violation of the provisions of these Measures, the Ministry of Justice shall revoke the original decision to grant legal professional qualifications, and withdraw or cancel its Legal Professional Qualification Certificate.
Chapter VI Disciplinary Treatment
国家司法考试违纪行为处理办法 》，视其情节、后果，分别给予口头警告、责令离开考场并取消本场考试成绩、确认当年考试成绩无效、二年内或者终身不得报名参加国家司法考试的处理；有违反治安管理行为的，移交公安机关处理；构成犯罪的，依法追究其刑事责任。 Article 20 If the test taker violates the discipline of the examination, the judicial administrative organ shall, according to the " Measures for Dealing with Disciplinary Actions of the National Judicial Examination " formulated by the Ministry of Justice , give verbal warnings, order them to leave the test room and cancel the field, depending on the circumstances and consequences Examination results, confirmation that the examination results of the current year are invalid, that the two years or life are not allowed to register for the national judicial examination; if there is a violation of public security management, transfer to the public security organs for treatment; if it constitutes a crime, its criminal responsibility shall be investigated according to law.
Article 21 Examination staff who have violated work discipline shall be punished according to the circumstances and consequences according to the "Measures for Dealing with Disciplinary Actions of National Judicial Examination" formulated by the Ministry of Justice; if they constitute a crime, their criminal liability shall be investigated according to law .
Chapter VII Supplementary Provisions
Article 22: In organizing national judicial examinations in ethnic autonomous areas, examinations may be conducted using national language test papers.
欠发达地区 的考生，在报名学历条件、考试合格标准等方面采取适当的优惠措施，具体办法由司法部商最高人民法院、最高人民检察院确定。 Article 23 The implementation of the national judicial examination may, within a certain period of time, adopt appropriate preferential measures for candidates in ethnic autonomous areas and underdeveloped areas in terms of qualifications for registration, examination eligibility criteria, etc. The specific measures shall be adopted by the Ministry of Justice Determined by the Supreme People's Court and the Supreme People's Procuratorate.
香港特别行政区 、 澳门特别行政区 、台湾地区居民参加国家司法考试的办法，由司法部规定。 Article 24 The measures for residents of the Hong Kong Special Administrative Region , Macao Special Administrative Region and Taiwan to take national judicial examinations shall be prescribed by the Ministry of Justice.
Article 25 The amendments and interpretations of these Measures shall be announced after the Ministry of Justice discusses with the Supreme People's Court and the Supreme People's Procuratorate.
Article 26 These Measures shall be implemented as of the date of promulgation.