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Law Office Management Measures

Release time: 2019-05-10 10:04 source: Nanning Justice Bureau

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


133 No. 133


The "Administrative Measures for Law Firms" has been revised and approved by the Ministry of Justice's Ministerial Conference. The revised "Administrative Measures for Law Firms" is now released and will come into effect on November 1, 2016.

Wu Aiying

September 6, 2016


Law Office Management Measures

(Decree No. 111 of the Ministry of Justice on July 18, 2008, November 30, 2012

(Decree No. 125 of the Ministry of Justice Amendment No. 133 of the Ministry of Justice Order of September 6, 2016)


Chapter I General Provisions


为了规范律师事务所的设立,加强对律师事务所的监督和管理,根据《中华人民共和国律师法》(以下简称《律师法》)和其他有关法律、法规的规定,制定本办法。 Article 1 In order to regulate the establishment of law firms and strengthen the supervision and management of law firms, these Measures are formulated in accordance with the Lawyers Law of the People's Republic of China (hereinafter referred to as the "Lawyers Law") and other relevant laws and regulations.

律师事务所是律师的执业机构。 Article 2 A law firm is a practice institution for lawyers. A law firm shall be established in accordance with law and obtain a practice license.

The establishment and development of law firms should achieve reasonable distribution and balanced development according to the needs of national and local economic and social development.

律师事务所应当把拥护中国共产党领导,拥护社会主义法治作为从业的基本要求。 Article 3: Law firms should regard supporting the leadership of the Communist Party of China and socialist rule of law as the basic requirements for employment.

A law firm shall carry out its business activities in accordance with law, strengthen internal management and supervision of the practice of lawyers, and bear corresponding legal responsibilities in accordance with law.

No organization or individual may illegally interfere with the law firm's business activities and may not infringe upon the lawful rights and interests of the law firm.

律师事务所应当加强党的建设,具备条件的应当及时成立党组织,暂不具备条件的,应当通过党建工作指导员等方式开展党的工作。 Article 4: Law firms should strengthen party building. Those who meet the requirements shall establish a party organization in a timely manner. If they do not meet the requirements for the time being, they shall carry out party work through such methods as party construction instructors.

Law firms shall support party organizations in carrying out activities, establish and improve working mechanisms for party organizations to participate in the decision-making and management of law firms, and give play to the political core role of party organizations and the vanguard and exemplary role of lawyer party members.

司法行政机关依照《律师法》和本办法的规定对律师事务所进行监督、指导。 Article 5 The judicial administrative organ shall supervise and guide law firms in accordance with the Lawyers Law and the provisions of these Measures.

The Law Society implements industry self-discipline for law firms in accordance with the Lawyers Law, the articles of association and industry norms.

Judicial administrative organs and lawyers associations should strengthen supervision and management responsibilities to strengthen guidance for party building in the lawyer industry.

司法行政机关、律师协会应当建立健全律师事务所表彰奖励制度,根据有关规定设立综合性和单项表彰项目,对为维护人民群众合法权益、促进经济社会发展和国家法治建设作出突出贡献的律师事务所进行表彰奖励。 Article 6 Judicial administrative organs and lawyers associations shall establish and improve law firm commendation and reward systems, establish comprehensive and single commendation items in accordance with relevant regulations, and make outstanding contributions to safeguarding the legitimate rights and interests of the people, promoting economic and social development, and the construction of the national rule of law. Recognition and reward by law firms.


Chapter II Conditions for the Establishment of a Law Firm


律师事务所可以由律师合伙设立、律师个人设立或者由国家出资设立。 Article 7: A law firm may be established by a partnership of lawyers, an individual lawyer, or a state-funded establishment.

A partnership law firm may be established in the form of a general partnership or a special general partnership.

设立律师事务所应当具备下列基本条件: Article 8 The establishment of a law firm shall meet the following basic conditions:

(1) have their own name, domicile and articles of association;

(2) Having lawyers in compliance with the Lawyers Law and these Measures;

(3) The founder shall be a lawyer who has certain practice experience and is capable of practicing full-time, and has not been punished for stopping practice within three years before applying for establishment;

(4) There are assets that meet the amount stipulated in these Measures.

设立普通合伙律师事务所,除应当符合本办法第八条规定的条件外,还应当具备下列条件: Article 9 The establishment of a general partnership law firm shall, in addition to meeting the conditions stipulated in Article 8 of these Measures, also meet the following conditions:

(1) Having a written partnership agreement;

(2) having three or more partners as founders;

(3) The founder shall be a lawyer who has more than three years of professional experience and is capable of practicing full-time;

(4) It has assets of more than RMB 300,000.

设立特殊的普通合伙律师事务所,除应当符合本办法第八条规定的条件外,还应当具备下列条件: Article 10 The establishment of a special general partnership law firm, in addition to meeting the conditions stipulated in Article 8 of these Measures, shall also meet the following conditions:

(1) Having a written partnership agreement;

(2) having more than 20 partners as founders;

(3) The founder shall be a lawyer who has more than three years of professional experience and is capable of practicing full-time;

(4) It has assets of more than RMB 10 million.

设立个人律师事务所,除应当符合本办法第八条规定的条件外,还应当具备下列条件: Article 11 The establishment of a personal law firm, in addition to meeting the conditions stipulated in Article 8 of these Measures, shall also meet the following conditions:

(1) The founder shall be a lawyer with more than five years of professional experience and capable of practicing full-time;

(2) It has assets of more than RMB 100,000.

国家出资设立的律师事务所,除符合《律师法》规定的一般条件外,应当至少有二名符合《律师法》规定并能够专职执业的律师。 Article 12 In addition to the general conditions provided by the Lawyer Law, a law firm established by the State shall have at least two lawyers who meet the requirements of the Lawyer Law and are capable of practicing full-time.

If a state-funded law firm is required to be established, it shall be prepared by the local county-level judicial administrative agency. Before applying for establishment permission, it must be approved by relevant local people's government departments at the county level to prepare and provide funding guarantee.

省、自治区、直辖市司法行政机关可以根据本地经济社会发展状况和律师业发展需要,适当调整本办法规定的普通合伙律师事务所、特殊的普通合伙律师事务所和个人律师事务所的设立资产数额,报司法部批准后实施。 Article 13 The judicial administrative organs of provinces, autonomous regions, and municipalities directly under the Central Government may appropriately adjust the general partnership law firms, special general partnership law firms, and individual law firms provided for in these Measures according to the local economic and social development conditions and the development of the legal profession. The amount of assets established shall be implemented after being reported to the Ministry of Justice for approval.

设立律师事务所,其申请的名称应当符合司法部有关律师事务所名称管理的规定,并应当在申请设立许可前按规定办理名称检索。 Article 14 For the establishment of a law firm, the name it applies for shall comply with the provisions of the Ministry of Justice regarding the management of law firm names, and it shall conduct name searches in accordance with the regulations before applying for establishment permission.

律师事务所负责人人选,应当在申请设立许可时一并报审核机关核准。 Article 15 Candidates responsible for a law firm shall report to the examination and approval authority for approval when applying for establishment permission.

The person in charge of a partnership law firm shall be elected by all partners from the partners of the firm; the person in charge of the law firm established by the state shall be selected by the firm's lawyers and approved by the local county-level judicial administrative agency.

The founder of a personal law firm is the person in charge of the firm.

律师事务所章程应当包括下列内容: Article 16 The articles of association of a law firm shall include the following:

(1) the name and domicile of the law firm;

(2) the purpose of the law firm;

(3) the organizational form of the law firm;

(4) the amount and source of the assets established;

(5) the duties of the person in charge of the law firm and the procedures for its creation and change;

(6) The establishment and duties of decision-making and management agencies of law firms;

(7) rights and obligations of our lawyers;

(8) The main management systems of law firms regarding practice, fees, finance, and distribution;

(9) Reasons, procedures and liquidation methods for the dissolution of the law firm;

(10) Procedures for the interpretation and amendment of the law firm's articles of association;

(11) Other matters that need to be specified.

Where a partnership law firm is established, the articles of association shall also specify the names of the partners, the amount of capital contribution and the method of capital contribution.

The content of the law firm's articles of association must not conflict with relevant laws, regulations and rules.

The law firm's articles of association shall come into effect on the date when the judicial administrative organ of the province, autonomous region, or municipality directly under the Central Government makes a decision to approve the establishment of a law firm.

合伙协议应当载明下列内容: Article 17 A partnership agreement shall specify the following:

(1) Partners, including name, place of residence, identification number, lawyer's practice experience, etc .;

(2) the amount and method of capital contribution by the partners;

(3) the rights and obligations of partners;

(4) the duties of the person in charge of the partnership law firm and the procedures for its creation and change;

(5) Duties of meeting of partners, rules of procedure, etc .;

(6) Ways of income distribution and debt commitment of partners;

(7) Conditions and procedures for partners to join, retire, and be removed;

(8) Settlement methods and procedures of disputes between partners, in violation of the liability assumed by the partnership agreement;

(9) Interpretation and amendment procedures of the partnership agreement;

(10) Other matters that need to be specified.

The content of the partnership agreement shall not conflict with the relevant laws, rules and regulations.

The partnership agreement shall be agreed upon and signed by all partners, and shall take effect on the day when the judicial administrative organ of the province, autonomous region, or municipality directly under the Central Government makes a decision to approve the establishment of a law firm.


Chapter III Licensing Procedures for Law Firm Establishment


律师事务所的设立许可,由设区的市级或者直辖市的区(县)司法行政机关受理设立申请并进行初审,报省、自治区、直辖市司法行政机关进行审核,作出是否准予设立的决定。 Article 18 The establishment permission of a law firm shall be accepted by the judicial administrative agency at the municipal level or the district (county) of the municipality directly under the Central Government and shall be submitted to the preliminary examination. decision.

申请设立律师事务所,应当向所在地设区的市级或者直辖市的区(县)司法行政机关提交下列材料: Article 19 To apply for the establishment of a law firm, the following materials shall be submitted to the district (county) judicial administrative organ of the district where the district is located or the municipality directly under the Central Government:

(1) Application for establishment;

(2) the name and articles of association of the law firm;

(3) List of founders, resume, identity certificate, lawyer practice certificate, and person in charge of the law firm;

(4) Proof of residence;

(5) Proof of assets.

To establish a partnership law firm, a partnership agreement should also be submitted.

The establishment of a state-funded law firm shall submit an approval document issued by the relevant department of the county-level people's government at the locality for approving the allocation and providing financial security.

When applying for establishment permission, the applicant shall truthfully fill in the "Registration Application Form for Law Firm Establishment".

设区的市级或者直辖市的区(县)司法行政机关对申请人提出的设立律师事务所申请,应当根据下列情况分别作出处理: Article 20 The district (county) judicial administrative organs of district-level municipalities or municipalities directly under the Central Government shall process the applications for the establishment of law firms filed by the applicants separately according to the following circumstances:

(1) If the application materials are complete and conform to the legal form, they shall be accepted.

(2) If the application materials are incomplete or do not conform to the legal form, the applicant shall be notified on the spot or within five days of receiving the application materials all the contents that need to be corrected. If the applicant makes corrections as required, it shall be accepted; if it is not notified within the time limit, it shall be accepted from the date of receipt of the application materials.

(3) If the application obviously does not meet the statutory conditions or the applicant refuses to make corrections or cannot correct the relevant materials, the application shall not be accepted and the reasons shall be explained to the applicant in writing.

受理申请的司法行政机关应当在决定受理之日起二十日内完成对申请材料的审查。 Article 21 The judicial administrative organ that accepts an application shall complete the examination of the application materials within 20 days from the date of its decision to accept it.

During the review process, the opinions of the county-level judicial administrative agency where the law firm is proposed to be located may be solicited; if the situation needs to be investigated and verified, the applicant may be required to provide relevant certification materials, or the county-level judicial administrative agency may be commissioned to verify.

Upon examination, an examination opinion shall be issued as to whether the application for the establishment of a law firm meets the statutory requirements and whether the materials are true and complete, and submit the examination opinion and all application materials to the judicial administrative organs of provinces, autonomous regions, and municipalities directly under the Central Government.

省、自治区、直辖市司法行政机关应当自收到受理申请机关报送的审查意见和全部申请材料之日起十日内予以审核,作出是否准予设立律师事务所的决定。 Article 22 The judicial administrative organs of provinces, autonomous regions, and municipalities directly under the Central Government shall, within ten days from the date of receiving the examination opinions and all application materials submitted by the accepting application organs, review and make a decision on whether to allow the establishment of a law firm.

Where the establishment is approved, the applicant shall be issued a law firm practice license within ten days from the date of the decision.

If the establishment is not allowed, the applicant shall explain the reasons in writing.

律师事务所执业许可证分为正本和副本。 Article 23 The practice license of a law firm is divided into an original and a copy. The original is used for hanging office space, and the copy is used for inspection. The original and the copy have the same legal effect.

The contents of the law firm's practice license, the production specifications, and the method for preparing the certificate number shall be prescribed by the Ministry of Justice. The practice license is uniformly produced by the Ministry of Justice.

律师事务所设立申请人应当在领取执业许可证后的六十日内,按照有关规定刻制印章、开立银行账户、办理税务登记,完成律师事务所开业的各项准备工作,并将刻制的律师事务所公章、财务章印模和开立的银行账户报所在地设区的市级或者直辖市的区(县)司法行政机关备案。 Article 24 An applicant for the establishment of a law firm shall, within sixty days after receiving the practice license, engraving a seal, opening a bank account, completing tax registration, and completing all preparations for the law firm's opening, The engraved official seal of the law firm, the financial seal stamp, and the opened bank account shall be reported to the district-level or district-level (county) judicial administrative organ of the municipality where it is located.

有下列情形之一的,由作出准予设立律师事务所决定的省、自治区、直辖市司法行政机关撤销原准予设立的决定,收回并注销律师事务所执业许可证: Article 25 In any of the following circumstances, the judicial, administrative department of the province, autonomous region, or municipality that made the decision to establish a law firm shall revoke the original decision to grant establishment and withdraw and cancel the law firm's practice license:

(1) The applicant obtains a decision to approve establishment by improper means such as deception or bribery;

(2) A decision to grant approval for an application that does not meet the legal requirements or violates legal procedures.


Chapter IV Changes and Termination of Law Firms


律师事务所变更名称、负责人、章程、合伙协议的,应当经所在地设区的市级或者直辖市的区(县)司法行政机关审查后报原审核机关批准。 Article 26 When a law firm changes its name, person-in-charge, articles of association, or partnership agreement, it shall be submitted to the original reviewing authority for approval after review by the judicial administrative agency at the municipal level or district (county) of the municipality where the law firm is located. Specific measures shall be followed in accordance with the procedures for establishing a law firm.

When a law firm changes its domicile or partner, it shall, within fifteen days from the date of change, submit it to the original review authority for filing with the district (county) judicial administrative organ of the city where the district is located or the municipality directly under the Central Government.

律师事务所跨县、不设区的市、市辖区变更住所,需要相应变更负责对其实施日常监督管理的司法行政机关的,应当在办理备案手续后,由其所在地设区的市级司法行政机关或者直辖市司法行政机关将有关变更情况通知律师事务所迁入地的县级司法行政机关。 Article 27 If a law firm changes its domicile across counties, cities without districts, or districts under the jurisdiction of the city, it is necessary to change the judicial administrative organ responsible for daily supervision and management accordingly. The municipal judicial administrative organ of the municipality or the municipal administrative organ of the municipality directly under the Central Government shall notify the relevant judicial administrative organ of the county where the law firm has moved.

Where a law firm intends to move its domicile to other provinces, autonomous regions, or municipalities directly under the Central Government, it shall follow the procedures for cancelling the original law firm and establishing a new law firm.

律师事务所变更合伙人,包括吸收新合伙人、合伙人退伙、合伙人因法定事由或者经合伙人会议决议被除名。 Article 28 The change of partners of a law firm includes the absorption of new partners, withdrawal of partners, and the removal of partners due to legal reasons or resolutions of the partners' meeting.

The new partner shall be born from a full-time practicing lawyer and have more than three years of practicing experience, unless otherwise stipulated by the Ministry of Justice. Lawyers who have been punished for discontinuing their practice for more than six months shall not act as partners if the penalty period has not expired for more than three years.

If a partner withdraws from his partnership or is removed from his name, the law firm shall handle related property rights, debt commitments, and other matters in accordance with the law, the articles of association of the firm, and the partnership agreement.

If the partnership agreement needs to be amended due to the change of partners, the amended partnership agreement shall be submitted for approval in accordance with the first paragraph of Article 26 of these Measures.

律师事务所变更组织形式的,应当在自行依法处理好业务衔接、人员安排、资产处置、债务承担等事务并对章程、合伙协议作出相应修改后,方可按照本办法第二十六条第一款的规定申请变更。 Article 29 When a law firm changes its organizational form, it shall handle matters such as business connection, personnel arrangements, asset disposal, debt commitment and other matters and make corresponding amendments to the articles of association and partnership agreement in accordance with the law. Article 16 (1) applies for a change.

律师事务所因分立、合并,需要对原律师事务所进行变更或者注销原律师事务所、设立新的律师事务所的,应当在自行依法处理好相关律师事务所的业务衔接、人员安排、资产处置、债务承担等事务后,提交分立协议或者合并协议等申请材料,按照本办法的相关规定办理。 Article 30 If a law firm needs to change or cancel the original law firm or establish a new law firm due to division or merger, it shall handle the business connection and personnel of the relevant law firm in accordance with the law on its own After submitting matters such as arrangements, asset disposal, and debt commitment, application materials such as the division agreement or merger agreement shall be submitted in accordance with the relevant provisions of these Measures.

律师事务所有下列情形之一的,应当终止: Article 31 The lawyer's affairs shall be terminated in all of the following circumstances:

(1) failing to maintain the statutory establishment conditions, and still fail to meet the conditions after a period of rectification;

(2) The practice license has been revoked according to law;

(3) dissolution at its discretion;

(4) Other circumstances that should be terminated as required by laws and administrative regulations.

If a law firm fails to open business within six months or ceases its business activities for one year without valid reasons after obtaining the establishment permission, it shall be deemed to have ceased its business and shall be terminated.

A law firm shall not decide to dissolve itself before the deadline for suspension and rectification has expired.

律师事务所在终止事由发生后,不得受理新的业务。 Article 32 A law firm may not accept new business after the termination of the matter.

After the termination of the law, the law firm shall make an announcement to the society, conduct liquidation in accordance with relevant regulations, and dispose of matters such as asset division and debt settlement in accordance with law.

A law firm shall submit an application for cancellation, a liquidation report, a practicing license of the firm, and other relevant materials to the district-level or municipal-level district (county) judicial administrative organ within 15 days after the completion of the liquidation. After the comments are submitted, all the application materials for cancellation shall be submitted to the original reviewing authority for review and the cancellation procedures shall be completed.

If a law firm refuses to perform the obligation of announcement and liquidation, the district or county-level judicial administrative agency of the municipality or municipality directly under the Central Government may, after making the announcement to the society, directly report to the original review agency for cancellation procedures. The debts and debts of the law firm after being cancelled shall be borne by the law firm's founder and partners.

If a law firm is cancelled, the transfer and disposal of its business files, financial books, and seals of the Exchange shall be handled in accordance with relevant regulations.


Chapter V Establishment, Change and Termination of Law Firm Branches


成立三年以上并具有二十名以上执业律师的合伙律师事务所,根据业务发展需要,可以在本所所在地的市、县以外的地方设立分所。 Article 33 A partnership law firm that has been established for more than three years and has more than 20 practising lawyers may, in accordance with the needs of business development, establish branch offices outside the city or county where the firm is located. A partnership law firm located in a municipality directly under the Central Government and a city with districts may also set up branches in districts and counties outside the city where the firm is located.

A law firm and its branch shall not apply for the establishment of a branch if the time limit for punishment for suspension and rectification is not expired; if a branch of a law firm is punished by a suspension of the practice license, the branch shall not Apply to set up a branch.

分所应当具备下列条件: Article 34 The branch shall meet the following requirements:

(1) It has a name that meets the requirements of the "Administrative Measures on the Name of Law Firms";

(2) have their own residence;

(3) There are more than three full-time lawyers assigned by law firms;

(4) having assets of more than RMB 300,000;

(5) The person in charge of the branch office shall be a lawyer who has more than three years of professional experience and is capable of practicing full-time, and has not received a suspension of practice punishment within three years before serving as the person in charge.

If a law firm establishes a branch in a city or county with an underdeveloped economy, the conditions for the assignment of lawyers specified in the preceding paragraph may be reduced to one or two; the asset conditions may be reduced to RMB 100,000. The specific applicable areas shall be determined by the judicial administrative organs of the provinces, autonomous regions and municipalities.

Provinces, autonomous regions, and municipalities whose judicial administrative agencies need to improve the conditions specified in paragraphs (3) and (4) of the first paragraph in accordance with the local economic and social development and the development of the legal profession shall follow the procedures prescribed in Article 13 of these Measures.

律师事务所申请设立分所,应当提交下列材料: Article 35 When applying for the establishment of a branch office, a law firm shall submit the following materials:

(1) Application for establishing a branch office;

(2) Basic information of the Stock Exchange, the certificate set up by the permitting authority established by the Stock Exchange to meet the conditions stipulated in Article 19 of the Lawyer Law and Article 33 of these Measures;

(3) A copy of the practice license of the Exchange, the articles of association of the Exchange and the partnership agreement;

(4) A copy of the list, resume, identity certificate and lawyer's practice certificate of the lawyers to be practised in the branch office;

(5) Candidates and basic information of the person in charge of the proposed branch office, and a certificate issued by the candidate's practising license that meets the conditions stipulated in Article 34, paragraph 1, item 5 of these Measures;

(6) the name of the branch office, the certificate of the residence of the branch office and the certificate of assets;

(7) The branch management measures formulated by the Exchange.

When applying for the establishment of a branch, the applicant shall truthfully fill in the Registration Form for the Application for the Establishment of a Law Firm Branch.

律师事务所申请设立分所,由拟设立分所所在地设区的市级或者直辖市区(县)司法行政机关受理并进行初审,报省、自治区、直辖市司法行政机关审核,决定是否准予设立分所。 Article 36 When a law firm applies for the establishment of a branch office, it shall be accepted by the judicial administrative agency at the city level or in the municipality (county) under the jurisdiction of the district where the branch office is to be established and a preliminary examination shall be conducted. Whether to establish a branch office. The specific procedures shall be handled in accordance with the provisions of Articles 20, 21 and 22 of these Measures.

Where the establishment of a branch office is permitted, the establishment permitting authority shall issue to the applicant a law firm branch office practice license.

分所律师除由律师事务所派驻外,可以依照《律师执业管理办法》的规定面向社会聘用律师。 Article 37 Except for the lawyers of the branch office, the lawyers of the branch office may employ lawyers to the society in accordance with the provisions of the “Administrative Measures for Lawyer Practice”.

The lawyers stationed in the branch shall refer to the "Regulations on the Administration of Lawyers' Practices" regarding the changes in the practice of lawyers, and the judicial administrative organs of the provinces, autonomous regions, and municipalities that have approved the establishment of the branch shall issue a new practice certificate, and return the original practice certificate to the original issuing authority The lawyers employed by the branch office shall be handled in accordance with the procedures for applying for a lawyer's practice license or changing the practice institution as prescribed in the Lawyers' Practice Management Measures.

律师事务所决定变更分所负责人的,应当经分所所在地设区的市级或者直辖市区(县)司法行政机关报分所设立许可机关批准;变更派驻分所律师的,参照《律师执业管理办法》有关律师变更执业机构的规定办理。 Article 38 When a law firm decides to change the person in charge of a branch, it shall be approved by the judicial authority of the district or municipality (county) where the branch is located and reported to the branch establishment permit authority; if the lawyer assigned to the branch is changed, Refer to the "Regulations on the Administration of Lawyers' Practices" regarding the changes in the practice of lawyers.

Where a branch office changes its domicile, it shall, within 15 days from the date of change, be reported to the establishment of a branch by the judicial authority of the district or municipality (county) under the jurisdiction of the branch for the record.

When a law firm changes its name, it shall, within 30 days from the date when the name is approved to be changed, apply to the branch-established permit authority to change the name of the branch through the municipal or county-level judicial administrative agency in the district where the branch is located.

有下列情形之一的,分所应当终止: Article 39 The branch shall be terminated under any of the following circumstances:

(1) The law firm terminates according to law;

(2) The law firm cannot maintain the conditions for establishing a branch as stipulated in the Lawyers Law and these Measures, and still fails to meet the conditions after a period of rectification;

(3) The branch office cannot maintain the establishment conditions stipulated in these Measures, and still fails to meet the conditions after a period of rectification;

(4) The branch office has not opened a business within six months after obtaining the establishment permit or has ceased business activities for one year without justifiable reasons;

(5) The law firm decides to suspend the branch office;

(6) The practice license of the branch office has been revoked according to law;

(7) Other circumstances that should be terminated as required by laws and administrative regulations.

If the branch is terminated, the branch's establishment of a permit authority shall cancel the branch's practice license. Relevant matters terminated by the branch shall be handled in accordance with Article 32 of these Measures.


Chapter VI Rules of Practice and Management of Law Firms


律师事务所应当建立健全执业管理和其他各项内部管理制度,规范本所律师执业行为,履行监管职责,对本所律师遵守法律、法规、规章及行业规范,遵守职业道德和执业纪律的情况进行监督,发现问题及时予以纠正。 Article 40 A law firm shall establish and improve its practice management and other internal management systems, regulate the practice of lawyers in the firm, perform its supervisory duties, abide by the laws, regulations, rules and industry norms of the lawyers of the firm, and observe professional ethics and discipline Supervise the situation, and find out that the problem is corrected in time.

律师事务所应当保障本所律师和辅助人员享有下列权利: Article 41: A law firm shall guarantee the lawyers and auxiliary personnel of the firm to enjoy the following rights:

(1) Obtaining the necessary working conditions and labor security provided by the Exchange;

(2) Get labor remuneration and enjoy relevant benefits;

(3) Submitting opinions and suggestions to the Exchange;

(4) Other rights provided by laws, regulations, rules and industry norms.

律师事务所应当监督本所律师和辅助人员履行下列义务: Article 42: A law firm shall supervise the lawyers and auxiliary personnel of the firm to perform the following obligations:

(1) abide by the Constitution and laws, and observe professional ethics and professional discipline;

(2) Practising in accordance with law, integrity and standardization;

(3) to accept the supervision and management of the Exchange, abide by the rules and regulations of the Exchange, and maintain the image and reputation of the Exchange;

(4) Other obligations stipulated by laws, regulations, rules and industry norms.

律师事务所应当建立违规律师辞退和除名制度,对违法违规执业、违反本所章程及管理制度或者年度考核不称职的律师,可以将其辞退或者经合伙人会议通过将其除名,有关处理结果报所在地县级司法行政机关和律师协会备案。 Article 43: A law firm shall establish a system of dismissal and delisting of illegal lawyers. Lawyers who have violated the law and practiced practices, violated the articles of association and management system, or were incompetent in the annual assessment may be dismissed or removed from the meeting by a partnership meeting. The relevant processing results shall be reported to the county-level judicial administrative organs and bar associations for the record.

律师事务所应当在法定业务范围内开展业务活动,不得以独资、与他人合资或者委托持股方式兴办企业,并委派律师担任企业法定代表人、总经理职务,不得从事与法律服务无关的其他经营性活动。 Article 44: A law firm shall carry out business activities within the scope of its legal business. It shall not start a business by sole proprietorship, joint venture with others, or entrusted shareholding. It shall also assign lawyers to act as the legal representative and general manager of the company, and shall not engage in legal affairs. Other business activities not related to services.

律师事务所应当与其他律师事务所公平竞争,不得以诋毁其他律师事务所、律师或者支付介绍费等不正当手段承揽业务。 Article 45 Law firms shall compete fairly with other law firms, and shall not contract business by improper means such as slandering other law firms, lawyers, or paying introduction fees.

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。 Article 46 When a lawyer undertakes business, the law firm shall uniformly accept the commission and sign a written commission contract with the client.

A law firm shall conduct a conflict of interest review when accepting a business, and shall not accept any business that has a conflict of interest with the firm's undertaking and its clients in violation of regulations.

律师事务所应当按照有关规定统一收取服务费用并如实入账,建立健全收费管理制度,及时查处有关违规收费的举报和投诉,不得在实行政府指导价的业务领域违反规定标准收取费用,或者违反风险代理管理规定收取费用。 Article 47 A law firm shall collect service fees in accordance with relevant regulations and truthfully record them, establish and improve a fee management system, promptly investigate reports and complaints about illegal fees, and shall not collect fees in violation of the prescribed standards in the business areas where government-guided prices are implemented. , Or charge fees in violation of risk agency management regulations.

A law firm shall establish and improve a financial management system in accordance with regulations, establish and implement a reasonable distribution system and incentive mechanism.

Law firms shall pay taxes in accordance with the law.

律师事务所应当依法履行法律援助义务,及时安排本所律师承办法律援助案件,为办理法律援助案件提供条件和便利,无正当理由不得拒绝接受法律援助机构指派的法律援助案件。 Article 48 A law firm shall perform its legal aid obligations in accordance with the law, promptly arrange our lawyers to handle legal aid cases, provide conditions and facilities for handling legal aid cases, and shall not refuse to accept legal aid cases assigned by legal aid agencies without justified reasons.

律师事务所应当建立健全重大疑难案件的请示报告、集体研究和检查督导制度,规范受理程序,指导监督律师依法办理重大疑难案件。 Article 49 A law firm shall establish and improve a system for requesting reports, collective research, and inspection and supervision of major difficult cases, standardize acceptance procedures, and guide supervision lawyers in handling major difficult cases in accordance with law.

律师事务所应当依法履行管理职责,教育管理本所律师依法、规范承办业务,加强对本所律师执业活动的监督管理,不得放任、纵容本所律师有下列行为: Article 50: A law firm shall perform its management duties in accordance with the law, educate and manage the lawyers of the firm in accordance with the law, regulate the undertaking of business, strengthen the supervision and management of the practice activities of the lawyers of the firm, and shall not allow or indulge the lawyers of the firm in the following acts:

(1) Adopting illegal methods of inciting, instigating, and organizing parties or other persons to sit in the judicial organ or other state organs, hold cards, play banners, shout slogans, solidarity, onlookers, etc. to disturb public order and endanger public safety, gather trouble, and create Influence and exert pressure on relevant departments.

(2) Distorted, misleading propaganda and comments on cases being handled by myself or other lawyers, and cases involving malicious speculation.

(3) To create pressure on public opinion by attacking or denigrating the judicial organs and the judicial system by means of cascading groups, signing signatures, publishing open letters, organizing online gatherings, solidarity, etc., or in the name of case studies.

(4) Refusing to appear in court in accordance with the notice of the people's court without proper reasons, or violating the rules of the court, leaving the court without authorization.

(5) Gathering crowds to harass or attack the court, insult, slander, threaten, assault judicial staff or participants in the proceedings, deny the nature of the cult identified by the state, or perform other acts that seriously disrupt the court order.

(6) To publish and disseminate negative political systems, basic principles, and statements that endanger national security established by the Constitution, use the Internet and the media to stir up dissatisfaction with the party and government, initiate and participate in organizations that endanger national security, or support, participate, and implement endangerments. National security activities; making statements that maliciously defame others, or making statements that seriously disrupt the court order, by distorting the truth of the facts and clearly violating public order and customs.

合伙律师事务所和国家出资设立的律师事务所应当按照规定为聘用的律师和辅助人员办理失业、养老、医疗等社会保险。 Article 51 A partnership law firm and a state-funded law firm shall, in accordance with regulations, apply for unemployment insurance, endowment insurance, medical treatment and other social insurance for the employed lawyers and auxiliary staff.

Where an individual law firm employs lawyers and auxiliary personnel, it shall apply for social insurance for them in accordance with the provisions of the preceding paragraph.

律师事务所应当按照规定,建立执业风险、事业发展、社会保障等基金。 Article 52 A law firm shall, in accordance with regulations, establish funds for practicing risks, career development, and social security.

The specific measures for lawyers to participate in the practice liability insurance shall be separately stipulated.

律师违法执业或者因过错给当事人造成损失的,由其所在的律师事务所承担赔偿责任。 Article 53 If a lawyer practices illegally or causes losses to a party due to his fault, his law firm shall be liable for compensation. After a law firm has made compensation, it may seek restitution from a lawyer who has intentional or gross negligence.

Partners of a general partnership law firm assume unlimited joint and several liability for the debt of the law firm. If a partner or several partners of a special general partnership law firm cause debts of the law firm due to intentional or gross negligence in the practice activities, they shall bear unlimited liability or joint and several liability. The liability of the law firm is limited to bear liability; all partners shall bear unlimited joint and several liabilities for debts of the law firm that are not caused by intention or gross negligence in the practice. The founder of a personal law firm has unlimited liability for the debts of the law firm. Law firms set up by the state shall bear responsibility for their debts with all their assets.

律师事务所的负责人负责对律师事务所的业务活动和内部事务进行管理,对外代表律师事务所,依法承担对律师事务所违法行为的管理责任。 Article 54 The person in charge of a law firm shall be responsible for the management of the law firm's business activities and internal affairs, and on behalf of the law firm, shall assume responsibility for the management of the law firm ’s illegal acts.

The partnership meeting or the lawyers' meeting is the decision-making body of the partnership law firm or the state-funded law firm; the major decisions of individual law firms shall fully listen to the opinions of the lawyers employed.

A law firm may, in accordance with the articles of association of the firm, set up relevant management agencies or allocate full-time management personnel to assist the responsible persons of the firm in carrying out daily management work.

律师事务所应当加强对本所律师的职业道德和执业纪律教育,组织开展业务学习和经验交流活动,为律师参加业务培训和继续教育提供条件。 Article 55: A law firm shall strengthen the education of professional ethics and practice discipline of its lawyers, organize business study and experience exchange activities, and provide conditions for lawyers to participate in business training and continuing education.

律师事务所应当建立律师表彰奖励制度,对依法、诚信、规范执业表现突出的律师予以表彰奖励。 Article 56: A law firm shall establish a system of commendation and reward for lawyers, and shall reward and reward lawyers with outstanding performance in accordance with law, integrity and standardization.

律师事务所应当建立投诉查处制度,及时查处、纠正本所律师在执业活动中的违法违规行为,调处在执业中与委托人之间的纠纷;认为需要对被投诉律师给予行政处罚或者行业惩戒的,应当及时向所在地县级司法行政机关或者律师协会报告。 Article 57: A law firm shall establish a complaint investigation and punishment system to promptly investigate and correct violations of laws and regulations in the practice of the firm ’s lawyers, and mediate disputes between the lawyer and the client in the practice; it is considered necessary to administer the complained lawyer. Any punishment or industry punishment shall be reported to the local county-level judicial administrative organ or bar association in a timely manner.

If a lawyer who has served as a partner is punished for discontinuing his practice for more than six months, he shall not be a partner within three years from the effective date of the penalty decision to the expiration of the penalty period.

律师事务所应当建立律师执业年度考核制度,按照规定对本所律师的执业表现和遵守职业道德、执业纪律的情况进行考核,评定等次,实施奖惩,建立律师执业档案和诚信档案。 Article 58: A law firm shall establish an annual assessment system for lawyers 'practice, assess and assess the professional performance and compliance with professional ethics and disciplines of lawyers in the firm in accordance with regulations, and conduct awards and punishments to establish lawyers' practice files and integrity files. .

律师事务所应当于每年的一季度经所在地县级司法行政机关向设区的市级司法行政机关提交上一年度本所执业情况报告和律师执业考核结果,直辖市的律师事务所的执业情况报告和律师执业考核结果直接向所在地区(县)司法行政机关提交,接受司法行政机关的年度检查考核。 Article 59 A law firm shall submit the previous year's practice report of the firm and the results of the lawyer's practice assessment to the district-level judicial administrative organ in the first quarter of each year through the local judicial administrative organ at the county level. The practice report and the results of the lawyer's practice assessment will be submitted directly to the judicial administrative organs in the area (county) where they are located, and they will be subject to the annual inspection and assessment of the judicial administrative organs. Specific annual inspection and assessment measures shall be prescribed by the Ministry of Justice.

律师事务所应当按照规定建立健全档案管理制度,对所承办业务的案卷和有关资料及时立卷归档,妥善保管。 Article 60: A law firm shall establish and improve an archives management system in accordance with regulations, timely file and archive the files and related materials of the business it undertakes, and keep them properly.

律师事务所应当通过本所网站等,公开本所律师和辅助人员的基本信息和奖惩情况。 Article 61: A law firm shall disclose the basic information, rewards and punishments of its lawyers and supporting staff through its website and so on.

律师事务所应当妥善保管、依法使用本所执业许可证,不得变造、出借、出租。 Article 62: A law firm shall properly keep and use its practice license in accordance with the law, and shall not alter, lend, or lease it. If there is any loss or damage, it should be reported to the local county-level judicial administrative agency in a timely manner, and the local administrative department of the municipal level or the municipality (county) under the jurisdiction of the locality shall apply to the original review agency for replacement or replacement. If the law firm's practice license is lost, a statement of the loss shall be published in the local newspaper.

Where a law firm is revoked of its license and is subject to the penalty of revoking its practice license, the local county-level judicial administrative agency shall collect its practice license.

When a law firm is punished for suspension and rectification, it shall deposit the practice license with the county-level judicial administrative department where it is located after the penalty decision takes effect and before the punishment period expires.

律师事务所应当加强对分所执业和管理活动的监督,履行下列管理职责: Article 63 A law firm shall strengthen supervision of the branch's practice and management activities and perform the following management duties:

(1) appointment and removal of the person in charge of the branch;

(2) Deciding to assign lawyers to the branch office and approving candidates for the branch office;

(3) Reviewing and approving the internal management system of the branch;

(4) Reviewing and approving the annual work plan and annual work summary of the branch;

(5) To guide and supervise the branch's practice activities and the handling of major legal affairs;

(6) Guiding and supervising the branch's financial activities, reviewing and approving the branch's distribution plan and annual financial budget and final accounts;

(7) Decide on changes in important matters of the branch, suspension of the branch and disposal of the assets of the branch;

(8) Other matters determined by the law firm as stipulated by the Exchange.

A law firm shall be liable for the debts of its branch in accordance with law.


Chapter VII Supervision and Administration of Judicial Administrative Organs


县级司法行政机关对本行政区域内的律师事务所的执业活动进行日常监督管理,履行下列职责: Article 64 The judicial administrative organs at the county level shall carry out daily supervision and management of the practice activities of law firms in their respective administrative areas and perform the following duties:

(1) Supervising the law firm's compliance with laws, regulations and rules in the course of carrying out its business activities;

(2) to supervise the establishment and implementation of the law firm's practice and internal management system;

(3) Supervising the implementation of the law firm's maintenance of statutory establishment conditions and changes in approval or filing;

(4) supervising the law firm's liquidation and application for cancellation;

(5) Supervising the law firm's annual assessment of lawyers' practice and reporting of the annual practice summary;

(6) Accepting reports and complaints against law firms;

(7) Supervising the implementation of administrative penalties and rectification by law firms;

(8) Other duties stipulated by the Ministry of Justice and the judicial administrative organs of provinces, autonomous regions and municipalities.

The county-level judicial administrative organs, in the process of carrying out daily supervision and management, shall conduct warning talks to the law firm leaders or relevant lawyers on problems found in the practice and internal management of law firms found and verified, and order corrections, and The rectification situation is monitored; if the law firm's illegal behavior is considered to be subject to administrative punishment according to law, it shall be proposed to the judicial administrative organ at the next higher level; if it is deemed necessary to provide industry disciplinary action, it shall be transferred to the bar association.

设区的市级司法行政机关履行下列监督管理职责: Article 65 The municipal judicial administrative organs with districts perform the following supervision and management duties:

(1) Grasp the practice activities, organization building, team building, and system building of law firms in the administrative region, and formulate measures and methods to strengthen the work of lawyers.

(2) To guide and supervise the daily supervision and management of the judicial administrative organs at the next lower level, organize the special supervision and inspection of law firms, and guide the investigation and handling of major complaints against law firms.

(3) Commend the law firm.

(4) To impose administrative penalties on law firms for illegal acts in accordance with their statutory functions and powers; if penalties for revoking practice licenses should be given in accordance with law, a proposal for penalties shall be submitted to the judicial administrative organ at the next higher level.

(5) Organize the annual inspection and assessment of law firms.

(6) Accepting and examining applications for the establishment, change, establishment of a branch office, and cancellation of a law firm.

(7) Establishing the law firm's practice file, responsible for the law firm's permission, change, termination and disclosure of practice file information.

(8) Other duties stipulated by laws, regulations and rules.

The district (county) judicial administrative organs of the municipalities directly under the Central Government have the relevant responsibilities specified in the preceding paragraph.

省、自治区、直辖市司法行政机关履行下列监督管理职责: Article 66 The judicial administrative organs of provinces, autonomous regions, and municipalities directly under the Central Government perform the following supervision and management duties:

(1) to formulate the development plans and relevant policies of law firms in their respective administrative regions, and to formulate normative documents for the management of law firms;

(2) Grasp the organization, team building, system building and business development of law firms in the administrative region;

(3) to supervise and guide the supervision and management of lower-level judicial administrative organs, to guide the special supervision and inspection and annual inspection and assessment of law firms;

(4) organizing commendation activities for law firms;

(5) Penalties for revoking practice licenses for grave violations of law firms in accordance with law, supervising the administrative punishment of judicial administrative organs at the next lower level, and handling related administrative reconsideration and appeal cases;

(6) Handling matters concerning the approval of establishment of a law firm, approval of alteration or filing, approval of establishment of a branch office, and cancellation of practice license;

(7) Responsible for the disclosure of important information by law firms in the administrative region;

(8) Other duties stipulated by laws and regulations.

律师事务所违反本办法有关规定的,依照《律师法》和有关法规、规章规定追究法律责任。 Article 67 If a law firm violates the relevant provisions of these Measures, it shall be investigated for legal responsibility in accordance with the Lawyers Law and relevant regulations and rules.

If a law firm violates the provisions of Articles 44, 45, 47, 48, and 50 of these Measures, the judicial administrative organ shall comply with Article 50 of the Lawyers Law Relevant regulations impose administrative penalties.

律师事务所管理分所的情况,应当纳入司法行政机关对该所年度检查考核的内容;律师事务所对分所及其律师疏于管理、造成严重后果的,由该所所在地司法行政机关依法实施行政处罚。 Article 68 The situation of a law firm's management branch shall be included in the content of the annual inspection and assessment of the law office by the judicial administrative organ; if the law firm neglects the management of the branch and its lawyer and causes serious consequences, the location of the law firm The judicial administrative organs impose administrative penalties in accordance with the law.

The branch of a law firm and its lawyers shall accept the supervision and guidance of the judicial administrative organ in the place where the branch is located, and accept the industry management of the lawyers association where the branch is located.

跨省、自治区、直辖市设立分所的,分所所在地的省、自治区、直辖市司法行政机关应当将分所设立、变更、终止以及年度考核、行政处罚等情况及时抄送设立分所的律师事务所所在的省、自治区、直辖市司法行政机关。 Article 69 Where branches are established across provinces, autonomous regions, and municipalities, the judicial administrative organs of the provinces, autonomous regions, and municipalities where the branches are located shall promptly copy the establishment, changes, terminations, annual assessments, and administrative penalties of the branches to the establishment branches. The judicial administrative organs of the province, autonomous region, and municipality where the law firm of the company is located.

各级司法行政机关及其工作人员对律师事务所实施监督管理,不得妨碍律师事务所依法执业,不得侵害律师事务所的合法权益,不得索取或者收受律师事务所及其律师的财物,不得谋取其他利益。 Article 70 Judicial administrative organs at all levels and their staff shall supervise and manage law firms, shall not prevent law firms from practicing according to law, shall not infringe upon the lawful rights and interests of law firms, and may not solicit or accept the property of law firms and their lawyers. Shall not seek other benefits.

司法行政机关应当加强对实施许可和管理活动的层级监督,按照规定建立有关工作的统计、请示、报告、督办等制度。 Article 71 The judicial administrative organ shall strengthen hierarchical supervision over the implementation of licensing and management activities, and establish systems for statistics, requests, reports, and supervision of related work in accordance with regulations.

The judicial administrative agency responsible for the implementation of the law firm's permission, annual inspection and evaluation, or rewards and penalties shall promptly notify the judicial administrative agency at the lower level of the decision on the permit, the results of the evaluation, or the reward and punishment, and report it to the judicial administrative organ at the next higher level.

司法行政机关、律师协会应当建立律师和律师事务所信息管理系统,按照有关规定向社会公开律师事务所基本信息和年度检查考核结果、奖惩情况。 Article 72 The judicial administrative organs and bar associations shall establish information management systems for lawyers and law firms, and disclose the basic information of law firms and the results of annual inspections, rewards and punishments to the public in accordance with relevant regulations.

司法行政机关应当加强对律师协会的指导、监督,支持律师协会依照《律师法》和协会章程、行业规范对律师事务所实行行业自律,建立健全行政管理与行业自律相结合的协调、协作机制。 Article 73 The judicial administrative organ shall strengthen the guidance and supervision of the bar association, support the bar association to implement industry self-discipline for law firms in accordance with the Lawyer Law, the association's articles of association, and industry norms, and establish and improve the combination of administrative management and industry self-discipline. Coordination and collaboration mechanism.

各级司法行政机关应当定期将本行政区域律师事务所的组织、队伍、业务情况的统计资料、年度管理工作总结报送上一级司法行政机关。 Article 74 Judicial administrative organs at all levels shall regularly submit statistical data on the organization, team, and business situation of law firms in their respective administrative regions to the judicial administrative organs at the next higher level.

人民法院、人民检察院、公安机关、国家安全机关或者其他有关部门对律师事务所的违法违规行为向司法行政机关、律师协会提出予以处罚、处分建议的,司法行政机关、律师协会应当自作出处理决定之日起7日内通报建议机关。 Article 75 Where a people's court, people's procuratorate, public security organ, national security organ, or other relevant department submits a proposal for punishment or punishment to a law enforcement agency or bar association for a law firm's illegal behavior, the judicial administration or bar association The suggesting authority shall be notified within 7 days from the date of making the decision.

司法行政机关工作人员在律师事务所设立许可和实施监督管理活动中,滥用职权、玩忽职守,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。 Article 76 Staff members of judicial administrative organs who abuse their powers and neglect their duties during the establishment of a law firm and conduct supervision and management activities constitute a crime shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law.


Chapter VIII Supplementary Provisions


军队法律顾问处的管理,按照国务院和中央军事委员会有关规定执行。 Article 77 The management of the army's legal advisory office shall be implemented in accordance with the relevant provisions of the State Council and the Central Military Commission.

本办法自2016年11月1日起施行。 Article 78 These Measures shall be implemented as of November 1, 2016. If the previous regulations and regulatory documents concerning the management of law firms formulated by the Ministry of Justice are inconsistent with these Measures, these Measures shall prevail.


Organizer: Nanning Justice Bureau

Postcode: 530028 E-mail: sifainfo@paketwisatadijogja.com Phone: 0771-3860032

Gui ICP No. 17001629 Website ID: 4501000025 International Internet Recording Number Filed by Public Security Organs: 45010302000015

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