Laws of the People's Republic of China

The Ministry of Justice

The Order of the Ministry of Justice of the People's Republic of China

No.86

The Measures on Punishment of the Illegal Acts of the Lawyers and Law Firms, adopted at the executive meeting of the Ministry of Justice of the People's Republic of China on February 23, 2004, is Hereby promulgated and shall be implemented as of May 1, 2004. The Measures on Punishment of the Illegal Acts of the Lawyers promulgated by the No.50 Order of the Ministry of Justice on January 31, 1997 are repealed simultaneously.

Minister of the Ministry of Justice Zhang Fusen

March 19, 2004

The Measures on Punishment of the Illegal Acts of the Lawyers and Law Firms

Article 1

These measures are formulated in accordance with the laws and regulations such as the Law of the People's Republic of China on Administrative Penalty and the Law of the People's Republic of China on Lawyers (hereinafter referred to as the Lawyer Law) and other relevant regulations on the purpose of regulating the supervision and punishment of the illegal acts of the laws and law firms and promoting the development of the lawyer profession.

Article 2

The judicial administration organ shall impose the administrative penalty on the illegal acts of the lawyers and law firms in accordance with the relevant laws and regulations such as the Provisions of the Judicial Administration Organ on the Procedures of Administrative Punishment and these measures.

Article 3

The judicial administration organ shall impose the administrative penalties on the lawyers and law firms on the principle of openness and fairness.The imposition of administrative penalty shall be based on fact and corresponded with the facts, nature, circumstances and harm to the society of the illegal acts.

Article 4

The judicial administrative organs shall make full use of the function of the lawyers associations when investigating and dealing with the illegal acts of the lawyers and law firms.

Article 5

The administrative penalties on the illegal acts of the lawyers have the following kinds:

(1)

a disciplinary warning;

(2)

confiscating any illegal income;

(3)

cessation of practice;

(4)

revoking the practice certificate.

Article 6

The administrative penalties on the illegal acts of the law firms have the following kinds:

(1)

a disciplinary warning;

(2)

confiscating any illegal income;

(3)

cessation of practice;

(4)

revoking the practice certificate.Those which shall confiscate any illegal income may also impose a fine of no less than one and no more than five times the amount of the illegal income.

Article 7

A lawyer who commits an act in violation of the provisions of Paragraph (1) to (10) of Article 44 and Article 45 of the Lawyer Law shall be punished according to the Lawyer Law and these measures.

Article 8

If a lawyer commits any of the following acts, which belong to "other acts in respect of which penalties should be imposed" provided in Paragraph 11 of Article 44 of the Lawyer Law, the judicial administration organ shall impose the corresponding penalty in accordance with the Lawyer Law and these measures:

(1)

simultaneously practicing in a law firm and another legal service office;

(2)

simultaneously defending or representing a client and the third person conflicting with the client's interests in the same case;

(3)

respectively defending or representing the clients whose interests are conflicted with each other in two or more than two cases that have common interests;

(4)

while acting as a legal person for a unit, defending or representing the opposite party of the unit or other parties that have conflict of interests with the unit.

(5)

making false promises to the client for the purpose of soliciting business;

(6)

publicizing dishonestly or improperly by the way of mass media, advertisement or other means.

(7)

fabricating and spreading false facts to impairing and slandering the reputation of other lawyers or law firms;

(8)

competing unethically by taking advantage of the relations with the judicial organs, administrative organs or other organizations with the function of social administration.

(9)

discharging the duty unconscientiously so that causing loses to the client after accepting authorization.

(10)

failing to provide the agreed legal service to the client without good reason after accepting authorization.

(11)

overstepping the limits of authorization to engage in the activities that have nothing to do with the legal matter authorized by the client.

(12)

impairing the interests of the client deliberately or colluding with the opposite party or the third person maliciously to impair the interests of the client.

(13)

threatening or intimidating the client or detaining the materials provided by the client without good reason on the purpose of obstructing the client to renounce authorization.

(14)

violating the provisions on the control of charges or agreement in the contract on charges to charge fees or things that are beyond the provisions or agreement.

(15)

providing legal service in a capacity of non-lawyer in the term of practice.

(16)

meeting with a judge, prosecutor, arbitrator or other relevant working personnel who undertakes the case, or meeting with a judge , prosecutor, arbitrator or other relevant personnel unilaterally in violation with the provisions in the term of undertaking the case.

(17)

for a lawyer who once served as a judge or prosecutor, acting as agent ad litem or defend client within two years after he left his post, or acting agent ad litem or defend client in a case once undertaken by him when he was on the post.

(18)

taking along with non-lawyer personnel to meet a criminal suspect who is under detention, a defendant or a criminal under detention in violation with the provisions, or violating the relevant administrative regulations in the term of meeting.

(19)

providing false evidences to the judicial administrative organs or lawyers associations, concealing important facts or having other deceitful acts.

(20)

continuing to practice in the term of a penalty of cessation of practice, or continuing to practice in the name of the original law firm while the law firm is on the sanction of suspending business for rectification or after the law firm has been cancelled.

(21)

having any other act of violating laws, professional ethics or ethics of a citizen and impairing the professional image of a lawyer seriously.

Article 9

If a law firm has any of the following acts, the judicial administration organ of the province, autonomous region or municipality shall issue a disciplinary warning, a penalty of confiscating any illegal income or suspending business for rectification for no less than three months and no more than one year:

(1)

practicing in a name that hasn't been examined, altering or leasing the name of the law firm without authorization.

(2)

failing to go through the registration for the change in the provided deadline when changing the contents of its name , articles of association, residence, person responsible for the law firm, partner, residence, partnership agreement and so on.

(3)

obstructing the partner, cooperative person or lawyer to retire by unethical acts.

(4)

admitting a person who doesn't meet the provided conditions to be a partner, cooperative person or the person responsible for the law firm.

(5)

failing to centrally accept authorization, sign written authorization contracts and the contracts on charges, collect the fee items from the parties in violation with the provisions, or failing to centrally take care of and use special-purpose documents, financial bills or business archives in violation with the law.

(6)

failing to draw up lawful bills of the lawyers' legal service or failing to submit effective vouchers of the expenses on practicing the cases.

(7)

violating the provisions on the control of charges of legal services or agreement in the contract on charges to extend the limits on fees, raise the fee standard, or charge fees that are beyond the provisions or agreement.

(8)

establishing a working place£¬an antechamber or a branch office without permission.

(9)

when engaging a lawyer or other working staff, failing to sign an engagement contracts with the person to be engaged, or failing to handle social pool insurance.

(10)

maliciously escaping the debts of the law firm or its branch office.

(11)

publicizing dishonestly or improperly by the way of mass media, advertisement or other means.

(12)

soliciting business by unfair means such as paying middleman's fees, giving discounts or interests promises.

(13)

competing unethically by taking advantage of the relations with the judicial organs, administrative organs or other organizations with the function of social administration.

(14)

fabricating and spreading false facts to impairing and slandering the reputation of other lawyers or law firms.

(15)

appointing the lawyers of the law firm to defend or represent both parties or the clients whose interests are conflicted with each other, with the exception of the only law firm in the same county(city) which has been approved by both parties.

(16)

divulging commercial secrets or private affairs of a party concerned.

(17)

providing false evidences to the judicial administrative organs or lawyers associations, concealing important facts or having other deceitful acts.

(18)

permitting or tacitly permitting the law firm's lawyer that is in the term of cessation of practice to continue practicing.

(19)

providing facilities for the illegal practice of a person who has not obtained a lawyer's practice certificate or a lawyer belonging to other law firm by the means of drawing up or providing letters of introduction, special documents of lawyer's service, receipts on payment and so on.

(20)

printing lawyer's card£¬sign or drawing up other relevant identity certificates of the lawyers, or failing to stop the above-mentioned acts of the persons in the law firm.

(21)

permitting or tacitly permitting the law firm's lawyer to purchase commodities, pay the fees of traveling, submit expenses, fit up house£¬or provide means of traffic and communication.

(22)

failing to pay duties on the laws.

(23)

other acts in respect of which penalties should be imposed.

Article 10

If a law firm has any of the following circumstances, the judicial administrative organ of the province, autonomous region or municipality shall issue a sanction of revocation of its practicing certificate; any illegal income shall be confiscated; and may also impose a fine:

(1)

refusing to correct after being imposed a sanction of suspending business for rectification, or continuing to practice in the term of suspending business for rectification.

(2)

bribing to a judge, prosecutor, arbitrator or other relevant personnel.

(3)

having been subjected to criminal punishment.

(4)

having other illegal acts that seriously impaired the professional image of a lawyer.

Article 11

If the judicial administrative organ finds or receives a complaint that a lawyer or law firm has any illegal act provided in the Lawyer Law and these measures, it shall place on file for investigation£¬comprehensively, objectively and justly ascertaining the facts and collecting evidences. The lawyer or law firm investigated shall state the facts accurately and provide the relevant materials.

Article 12

The judicial administrative organ may authorize lawyers associations to investigate the illegal acts of the lawyers and the law firms.The authorized lawyers association shall comprehensively, objectively, justly ascertain the facts and collect evidences, and give advices to the administrative penalties imposed by the judicial administrative organs.

Article 13

The judicial administrative organ shall inform the lawyer or law firm the ascertained facts, the reason and basis for the penalty, and the lawful rights of the party before imposing an administrative penalty. For those informed orally, it shall make a written record. The lawyer or law firm has the right to state and argue his case, and has the right to apply for hearing according the laws.The lawyer or law firm that doesn't accept the decision on the administrative penalty rendered by the judicial administration organ has the right to apply for reconsideration or instituting administrative proceedings according the laws.

Article 14

If a lawyers association finds those circumstances which shall impose an administrative penalty according to the provisions in the Lawyer Law and these measures when investigating and treating the acts of the lawyers or law firms violating lawyers' ethics and practicing disciplines, it shall submit them to the judicial administrative organ which has right for jurisdiction.

Article 15

If the judicial administrative organ or lawyers association considers the acts of the lawyers or law firms constituting a crime when investigating and treating the illegal acts of them, it shall transfer them to the relevant organs to investigate them for criminal liability.

Article 16

The Ministry of Justice is responsible for the interpretation of these measures.

Article 17

These measures shall be come into force as of May 1, 2004. The Measures on Punishment of the Illegal Acts of the Lawyers promulgated by the Ministry of Justice on January 31, 1997 are repealed simultaneously.