Measures of the Beijing Municipality for the Administration of the Practice of Law by Lawyers

 2018-06-07  38


Notice of the Beijing Municipal Bureau of Justice on Issuing the Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of the Practice of Law by Lawyers


· Document Number:No. 83 [2017] of the Beijing Municipal Bureau of Justice

· Area of Law: Lawyers

· Level of Authority: Local Regulatory Documents

· Date issued:12-01-2017

· Effective Date:01-01-2018

· Status: Effective

· Issuing Authority: Beijing Municipal Bureau of Justice

 

Notice of the Beijing Municipal Bureau of Justice on Issuing the Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of the Practice of Law by Lawyers
(No. 83 [2017] of the Beijing Municipal Bureau of Justice)
The bureaus of justice of all districts; all departments and offices of the Beijing Municipal Bureau of Justice; and the Beijing Lawyers Association:
The Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of the Practice of Law by Lawyers, as deliberated and adopted at the 21st director's executive meeting in 2017, are hereby issued for your diligent study, compliance and implementation.
Beijing Municipal Bureau of Justice
December 1, 2017
Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of the Practice of Law by Lawyers
Chapter I General Provisions
Article 1 [Basis] For the purpose of regulating the work of lawyers in this municipality, guaranteeing lawyers' practice of law in accordance with the law and strengthening the supervision and guidance of lawyers' practice of law, these Detailed Implementation Rules are hereby issued according to the the Lawyers Law of the People's Republic of China (hereinafter referred to as the “Lawyers Law”), the Measures of the Ministry of Justice for the Administration of the Practice of Law by Lawyers and other relevant laws and regulations and in consideration of the specific situation of lawyers' practice of law in this municipality.
Article 2 [Scope] The supervision and administration of lawyers' application for practicing law and acts of practicing law within the jurisdictions of this municipality shall be governed by these Detailed Implementation Rules.
Article 3 [Functions] The Beijing Municipal Bureau of Justice and the bureaus of justice of the districts shall, in accordance with the Lawyers Law, the Measures for the Administration of the Practice of Law by Lawyers and these Detailed Implementation Rules, be responsible for the supervision and guidance of lawyers' practicing licenses and lawyers' practice of law.
The lawyers associations shall, in accordance with the Lawyers Law, their bylaws and industry standards, conduct industrial self-regulation of lawyers' practice of law.
Article 4 [Party Building] Upholding the leadership of the Communist Party of China and the socialist rule of law shall be the basic requirements for lawyers' practice of law.
In the practice of law, a lawyer shall protect the party's lawful rights and interests, protect the correct implementation of law, and maintain social fairness and justice.
Article 5 [Rights] Lawyers' practice of law according to the law shall be protected by law, and no organization or individual shall infringe upon the lawful rights and interests of any lawyer.
The Beijing Municipal Bureau of Justice, the bureaus of justice of the districts and the lawyers association shall protect lawyers' practicing right in accordance with the law.
Chapter II Conditions for Practice of Law by Lawyers
Article 6 [Application] To apply for lawyers' practice of law, a person shall satisfy the following conditions:
(1) He or she shall uphold the Constitution of the People's Republic of China.
(2) He or she has obtained the legal profession qualification certificate through the national uniform legal profession qualification examination.
(3) He or she has completed one-year internship at a law firm.
(4) He or she has good character and conduct.
When applying for lawyers' practice of law, the certificate of passing the national uniform judicial examination and lawyer's qualification certificate obtained before the national uniform legal profession qualification shall have equal force with the national legal profession qualification certificate after the national uniform legal profession qualification.
Where he or she has obtained the legal profession qualification certificate by enjoying the relevant qualifications for registering for the uniform national judicial examination and the preferential measures for passing the examination, the regional requirements for his or her application for lawyers' practice of law shall be handled according to the relevant provisions.
A person applying for lawyers' practice of law shall participate in the internship activities organized by a lawyers association according to the relevant provisions, and pass the examination of the lawyers association.
Article 7 [Part-time Conditions] To apply for practice of law on a part-time basis, in addition to the conditions as prescribed in Article 5 of these Detailed Implementation Rules, an applicant shall also meet the following conditions:
(1) He or she engages in legal education or research work in an institution of higher learning or research institute.
(2) He or she has obtained the consent of the entity where he or she works.
Article 8 [Prohibitive Provisions] A person shall not be granted a lawyer's practicing certificate under one of the following circumstances:
(1) He or she has no civil capacity or limited civil capacity.
(2) He or she has been subject to criminal punishment, except criminal negligence.
(3) He or she has been expelled from a public office or his or her lawyer's practicing certificate is revoked.
Chapter III Licensing Procedures for Lawyers' Practice of Law
Article 9 [Licensing Authority] For a lawyer's practicing license, the bureau of justice of the district where the law firm is located shall accept the application for practice of law and conduct preliminary review, report to the Beijing Municipal Bureau of Justice for review, and make a decision of approval or disapproval.
Article 10 [Application Materials] To apply for lawyers' practice of law, an applicant shall submit the following materials to the bureau of justice of the district where the law firm is located:
(1) An application for practice of law.
(2) The legal profession qualification certificate, the certificate of passing the judicial examination or the lawyer's qualification certificate;
Residents of Hong Kong and Macao Special Administrative Regions with legal profession qualifications of the Mainland applying for lawyers' practice of law in the Mainland or residents of Taiwan with national legal profession qualifications applying for lawyers' practice of law in the Mainland shall submit statements on whether they have lawyers' qualifications of Hong Kong, Macao, Taiwan Region or foreign countries, and whether they are employed by law firms in Hong Kong, Macao, Taiwan Region or foreign countries.
(3) The materials on passing the internship examination;
to re-apply for lawyers' practice of law, an applicant shall submit the materials proving that the applicant has passed the examination as issued by the lawyers association.
(4) The identification of the applicant,
including the valid identifications of the applicant and relevant certificate proving that the applicant does not fall under the circumstances as prescribed in Article 8 of these Detailed Implementation Rules.
(a) An applicant that is a resident of the Mainland of the People's Republic of China, shall submit a photocopy of the resident identity card within the valid period, a certificate on the storage of his or her personnel file relationship and a certificate issued by the local public security authority where his or her household registration is located on having not been given any criminal punishment (except criminal negligence) before the date of filing the application.
(b) An applicant that is a resident of Hong Kong or Macao Special Administrative Region shall submit the identification of the Hong Kong or Macao applicant notarized by a Mainland certified notary and the certificate on not having been given criminal punishment; and an applicant that is a resident of Taiwan shall submit the identification notarized by the notary organization of the Taiwan Region and the certificate on not having been given criminal punishment. The statements on whether the applicant has lawyers' qualifications of Hong Kong, Macao, Taiwan Region or a foreign country, and whether he or she is employed by a law firm in Hong Kong, Macao, Taiwan Region or a foreign country shall also be submitted An applicant having been practicing law for no less than five years as a legal practitioner of Hong Kong or a lawyer of Macao shall also submit a proof on the applicant's practicing experience or seniority in Hong Kong or Macao issued by the Law Society of Hong Kong or Hong Kong Bar Association or the Macao Lawyers Association and notarized by a Mainland certified notary.
(5) The certificate issued by the law firm on agreeing to accept the applicant.
(6) An applicant applying for practice of law on a part-time basis shall also submit the proof that the employer agrees the applicant to practice law on a part-time basis and the certification materials on his or her experience in engaging in legal education or research work in an institution of higher learning or research institute.
Article 11 [Acceptance Examination] Where an applicant applies for practice of law, the bureau of justice of the district shall handle it according to the following circumstances respectively:
(1) Where the application materials are complete and made in the statutory form, the application shall be accepted.
(2) Where the application materials are incomplete or not made in the statutory form, the bureau of justice of the district shall, on the spot or within 5 days of the receipt of the application materials, notify the applicant of all necessary supplements and corrections at one time. Where the applicant does not make supplements and corrections as required, the application shall be accepted; and where the applicant is not notified within the prescribed time limit, the application shall be deemed to have been accepted from the date of receipt of the application materials.
(3) Where the application matters obviously do not meet the statutory conditions or the applicant refuses to make supplements or corrections or fails to supplement or correct the relevant materials, the application shall not be accepted, and a written explanation shall be given to the applicant.
Article 12 [Provisions on Examination] The bureau of justice of the district accepting an application shall, within 20 days of the day of deciding to accept the application, complete the examination of the application materials. Where relevant situation needs to be investigated and verified, the applicant may be requested to provide relevant certification materials.
Upon examination, examination opinions on whether the applicant meets the statutory conditions and whether the materials submitted are authentic and complete shall be issued, and shall the examination opinions and all application materials shall be submitted to the Beijing Municipal Bureau of Justice.
Article 13 [Decision of Examination] The Beijing Municipal Bureau of Justice shall, within 10 days of the receipt of the examination opinions submitted by the bureau of justice of the district and all application materials, examine the application materials and make a decision on approval or disapproval.
Where practice of law is approved, a lawyer's practicing certificate shall be issued to the applicant within 10 days of the date when a decision is made.
Where practice of law is disapproved, the reasons shall be explained in writing to the applicant.
Article 14 [Revocation of Licenses] Under one of the following circumstances, the Beijing Municipal Bureau of Justice shall revoke the original decision approving practice of law:
(1) An applicant obtains a decision on approving practice of law by fraud, bribery or any other improper means.
(2) An applicant failing to meet the statutory conditions is approved to practice law or a decision of approving practice of law is made in violation of the statutory procedures.
Article 15 [Changing Firms]
A lawyer intending to change a firm of practice shall submit the following materials to the bureau of justice of the district in the place where the new firm of practice is located:
(1) A certification issued by the bureau of justice of the region (county) where the former firm of practice is located proving that the applicant does not fall under the circumstances as prescribed in Article 21 of the Measures for the Administration of the Practice of Law by Lawyers.
(2) A certification proving that the applicant has terminated the employment relationship or partnership with the former firm of practice and undergone the handover formalities for business, archives and finance, among others.
(3) The certification proving that the new firm of practice agrees to accept the applicant.
(4) The examination materials on the admission of the applicant provided by the Beijing Lawyers Association.
The bureau of justice of the district shall, within 20 days of the receipt of the application materials from a lawyer for changing the firm of practice, issue the examination opinions, and submit them along with all the application materials to the Beijing Municipal Bureau of Justice.
The Beijing Municipal Bureau of Justice shall, within 10 days of the receipt of the examination opinions submitted by the bureau of justice of the district and all application materials, examine the application materials and make a decision on approving or disapproving the change. Where change is approved, the Beijing Municipal Bureau of Justice shall, within 10 days of the date of making the decision, replace the lawyer's practicing certificate for the applicant; and where change is disapproved, the reasons shall be explained in writing.
Where the new firm of practice where a lawyer plans to work is located in another districted city or province, autonomous region, or municipality directly under the Central Government, the certification on archives storage issued by an archives storage service institution with the power to provide personnel archives management services for migrant workers within the administrative jurisdiction of the Beijing Municipality shall be provided and the archives of the lawyer on practice of law shall be transferred.
Article 16 [Circumstances for Not Changing] Under one of the following circumstances, no application shall be filed for changing the firm of practice:
(1) During the period when a lawyer is subject to the penalty of cessation of practice or a lawyer is subject to investigation and handling on a complaint against him or her.
(2) Where the term of penalty of cessation of business operation for rectification imposed on a law firm has not expired, the person in charge of the law firm, a partner, or the lawyer who is directly responsible for the punishment of suspension of business operation for rectification by a law firm is not under the time limit for the punishment shall not apply for the change of his or her firm of practice.
(3) Where a law firm is to be terminated, the person in charge or a partner of the law firm for which the liquidation has not been completed and cancellation has not been conducted shall not apply for the change of his or her firm of practice.
(4) A lawyer directly liable for the revocation of the law firm's practicing license shall not apply for the change of his or her firm of practice.
Article 17 [Replacement of Certificates for Dispatched Lawyers] Where a lawyer is dispatched by the law firm where he or she works to a branch to practice law, a lawyer's practicing certificate of the branch shall be replaced with.
To replace a practicing certificate, a lawyer dispatched to a branch shall submit the following materials to the bureau of justice in the place where the branch is located:
(1) an application of the law firm for dispatching the lawyer to a branch; and
(2) the certification on the practicing experience issued by the administrative organ of justice of the province, autonomous region or municipality directly under the Central Government where the law firm is located (excluding a branch in the same city).
The time limits for examination, confirmation and replacement of certificates of laws dispatched to branches shall be governed by the provisions of these Detailed Implementation Rules on changing a firm of practice.
Article 18 [Replacement or Reissuance of Lawyer's Practicing Certificates] A lawyer's practicing certificate is a valid certificate for a lawyer legally approved to practice law. A lawyer shall appropriately use and keep his or her lawyer's practicing certificate, and shall not alter, mortgage, lend or lease it. Where a practicing license is lost or damaged, an application for reissuance or replacement shall be filed.
Where an application is filed for replacement or reissuance of a lawyer's practicing certificate, after a declaration of loss is published on a newspaper publicly issued in the Beijing Municipality or at a website designated by the Beijing Municipal Bureau of Justice (excluding replacement), the law firm where the lawyer works shall submit the following materials to the bureau of justice of the region where the law firm is located:
(1) an application;
(2) the original newspaper or periodical where the declaration of loss is published (excluding replacement); and
(3) the photocopy of the applicant's identification.
The bureau of justice of the district shall, within 5 days of the date when the application materials of an applicant for replacement or reissuance of a lawyer's practicing certificate, conduct examination and submit the examination opinions and all application materials to the Beijing Municipal Bureau of Justice.
The Beijing Municipal Bureau of Justice shall, within 5 days of the receipt of the examination opinions submitted by the bureau of justice of the district and all application materials, conduct examination. Where an application for replacement or reissuance of a lawyer's practicing certificate is approved, replacement or reissuance of a lawyer's practicing certificate shall be conducted within 5 days of the date when the decision is made.
Article 19 [Cancellation of Lawyer's Practicing Certificates] Where a lawyer falls under one of the following circumstances, the Beijing Municipal Bureau of Justice shall take back and cancel the lawyer's practicing certificate:
(1) The lawyer is given the penalty of revocation of the lawyer's practicing certificate.
(2) The original decision on approval of practice of law is revoked in accordance with the law.
(3) The lawyer applies for cancellation of the certificate because he or she is no longer engaged in the lawyer profession.
(4) The lawyer is not hired by any other law firm within six months after he or she terminates his or her employment contract with the law firm where he or she works or after the law firm where he or she works is canceled.
(5) The lawyer terminates his or her practice of law for any other reason.
Where a lawyer is dismissed or removed by a law firm, as adopted by the partners' meeting, the law firm shall report the relevant handling result to the bureau of justice of the district or the lawyers association in the place where it is located for recordation.
Where a person whose lawyer's practicing certificate is deregistered under the circumstance set forth in item (3), (4) or (5) of the preceding paragraph reapplies for practice of law, he or she shall apply for practice of law according to the procedures as prescribed in Article 10 of these Detailed Implementation Rules.
Article 20 [Circumstances for Prohibiting Cancellation] A lawyer shall not apply for cancellation of the practicing certificate when he or she is subject to the case investigation of the judicial authority, judicial administrative authority or lawyers association.
Article 21 [Cancellation Materials] A lawyer that applies for cancellation of the certificate because he or she is no longer engaged in the lawyer profession shall submit the following materials to the bureau of justice in the place where the law firm is located:
(1) an application for cancellation;
(2) the opinions of the law firm;
(3) the certification issued by the lawyers association proving that the applicant is not subject to case investigation; and
(4) the original of the lawyer's practicing certificate (Where the original of the lawyer's practicing certificate is lost, the original of the declaration of loss shall be submitted).
The bureau of justice of the district shall, within 10 days of the receipt of all the application materials for cancellation of the lawyer's practicing certificate, issue the examination opinions, and submit them along with all the application materials to the Beijing Municipal Bureau of Justice.
The Beijing Municipal Bureau of Justice shall, within 10 days of the receipt of the examination opinions submitted by the bureau of justice of the district and all application materials, conduct examination. Where the application for cancellation of a lawyer's practicing certificate is approved, a decision on cancellation shall be made. Where the application is disapproved, the reasons shall be given.
Where a lawyer falls under one of the circumstances as described in item (1), (2), (4), or (5) of Article 19, the Beijing Municipal Bureau of Justice shall deregister his or her lawyer's practicing certificate in accordance with the relevant legal documents.
Chapter IV Supervision and Administration
Article 22 [Practicing Principles] In practice of law, lawyers must observe the Constitution and laws, adhere to the professional ethics and practicing disciplines, obey the business guidance and practicing supervision of the judicial administrative authorities, practice law according to the law, in good faith and in a regulated manner, constantly improve their practice level, and protect the lawful rights and interests of their clients.
Article 23 [Lawyers' Rights] Lawyers hired by law firms shall have the right to obtain labor remunerations and enjoy the social insurance benefits and social benefits.
Article 24 [Practice of Law on a Full-time Basis] A lawyer may only practice law in one law firm.
During the period of practice of law, a lawyer shall practice law on a full-time basis, except a part-time lawyer or as otherwise prescribed by any law or administrative regulation.
In practice of law, a lawyer shall observe the practice management rules of the law firm where he or she works, accept the guidance and supervision of the law firm, and participate in the annual practice assessment of lawyers.
Article 25 [Prohibitive Provisions and Penalties] A lawyer falling under any of the circumstances as prescribed in Articles 28 and 34 to 42 of the Measures of the Ministry of Justice for the Administration of the Practice of Law by Lawyers shall be given administrative penalties according to the provisions of Articles 47, 48 and 49 of the Lawyers Law.
Article 26 [Administration of the Lawyers Association] A lawyer shall join a lawyers association, enjoy the rights as prescribed in the bylaws of the lawyers association, and perform the obligations as prescribed in the bylaws of the lawyers association.
Article 27 [Law Practice Assessment] Lawyers' professional trainings, professional ethics, education on practicing disciplines and law practice assessment shall be specifically organized and implemented by the lawyers association.
The lawyers associations shall be responsible for the internship activities and internship assessment of personnel applying for lawyers' practice of law.
A lawyer that reapplies for lawyers' practice of law, applies for changing his or her firm of practice or applies for membership in this municipality shall accept the training, conduct appraisal and examination of practice experience organized by the Beijing Lawyers Association.
The new person in charge of a law firm, the partners of a newly formed branch and the new practicing lawyers shall attend the educational trainings organized by the lawyers association according to the relevant provisions.
Article 28 [Division of Functions] In principle, the initial complaints against lawyers shall be accepted by the lawyers associations. The relevant provisions on the acceptance and handling of complaints shall be separately developed by the Beijing Municipal Judicial Bureau.
The municipal and district lawyers associations shall effectively strengthen industry self-discipline, intensify the supervision of the lawyers' industry, actively investigate and handle the clues of the illegal acts of lawyers discovered through network and other channels, accept, investigate and handle the complaints on lawyers' practice of law in violation of the regulations in a timely manner, and carry out disciplinary work in strict accordance with the industry standards.
Article 29 [Connection Mechanism] The connection mechanism for the punishment work of the judicial administrative authorities and the lawyers associations shall be improved. The lawyers association that grants industrial punishment to lawyers shall, within 5 working days of the date when the industrial punishment comes into force, report to the judicial administrative authority. Where the lawyers association believes that administrative punishment shall be legally imposed upon a lawyer for his or her illegal practice of law, it shall submit a written suggestion to the judicial administrative authority for imposing relevant administrative punishment, and deliver the relevant evidence materials.
Article 30 [Administrative Management] The bureaus of justice shall fulfill the functions of guidance for and supervision of the lawyers associations according to the law, support the lawyers association in the industrial self-regulation of lawyers' practice of law in accordance with the Lawyers Law, bylaws of the association and industry standards, and establish and improve the coordination and cooperation mechanism combining administrative management and industrial self-regulation.
Article 31 [Administrative Management] The bureaus of justice shall, in accordance with the law, fulfill the functions of supervising and directing lawyers' practice of law, regulate lawyers' practice of law and guarantee lawyers' legitimate rights to practice law by comprehensively applying administrative interviews, administrative inspection, administrative complaints, administrative penalties and other management means.
Article 32 [Suspension Measures] A lawyer that is subject to criminal compulsory measures for being suspected of any crime shall be suspended from fulfilling his or her functions as a lawyer.
Article 33 [Functions of the Bureaus of the Districts] The bureaus of justice of the districts shall fulfill the following supervision and administration functions:
(1) They shall inspect and supervise lawyers' compliance with the laws, regulations, rules, professional ethics and practicing disciplines in practice of law.
(2) They shall understand the information on the construction and development of lawyers' teams, and develop the measures for strengthening the construction of lawyers' teams.
(3) They shall accept the tip-offs and complaints against lawyers.
(4) They shall supervise lawyers' enforcement of administrative punishment and implementation of rectification.
(5) They shall organize the special inspection or special assessment of lawyers' practice of law.
(6) They shall commend lawyers.
(7) They shall impose administrative punishment on lawyers with illegal acts according to the statutory functions. Where the punishment of revocation of the lawyer's practicing certificate shall be imposed in accordance with the law after the facts are found out through case investigation for administrative punishment, a punishment proposal shall be offered to the Beijing Municipal Bureau of Justice.
(8) They shall understand the annual assessment of lawyers' practice of law conducted by the law firms, and undergo the recordation formalities for and conduct supervision of the assessment results.
(9) They shall accept and examine lawyers' applications for practice of law, changing the firms of practice and cancellation of practicing certificates.
(10) They shall create archives for lawyers' practice of law, and be responsible for the disclosure of such information as relevant lawyers' practicing licenses, change and cancellation.
(11) Other functions as prescribed in the laws, regulations and rules.
The bureau of justice of the district finding and verifying that a lawyer has problems in practice of law during the course of carrying out routine supervision and administration shall hold a warning interview, order it to take corrective action, and supervise its rectification; and transfer the case to the lawyers association for handling, where it believes that it is necessary to impose industrial punishment upon a lawyer. Where a lawyer is found to fall under the circumstance under which administrative punishment shall be imposed, case investigation shall be conducted in a timely manner and it shall be handled according to the law.
Article 34 [Functions of the Municipal Bureau] The Beijing Municipal Bureau of Justice shall fulfill the following supervision and administration functions:
(1) It shall master and assess the building of lawyers' teams and the overall level of practice of law by lawyers within their respective administrative regions, develop the development plans and relevant policies for lawyers' teams, and develop the regulatory documents for strengthening the administration of practice of law by lawyers.
(2) It shall supervise and direct the supervision and administration of lawyers' practice of law by the bureau of justice of the district, and organize and direct the special inspection or special assessment of lawyers' practice of law.
(3) It shall organize the activities of commending lawyers.
(4) It shall impose punishment of revoking a lawyer's practicing certificate for the lawyer's serious illegal acts according to the law, supervise and direct the administrative punishment work of the bureau of justice of the district, and handle the relevant administrative reconsideration and appeal cases.
(5) It shall handle verification and approval of practice of law by lawyers, verification and approval of change in the firm of practice and cancellation of practicing licenses.
(6) Taking charge of the disclosure of such major information of lawyers, practice of law by lawyers and management affairs within its administrative region.
(7) Other functions as prescribed in the laws, regulations and rules.
Article 35 [Coordination Mechanism] According to the Measures for Punishing Lawyers and Law Firms for Their Illegal Acts, administrative punishment shall be imposed on lawyers with illegal acts by the judicial administrative authority at the registration place. The judicial administrative authority in the place where the acts take place finding that a lawyer is suspected of practicing law in violation of laws and regulations shall offer opinions and suggestions on punishment to the judicial administrative authority at the registration place. The judicial administrative authority at the registration place shall, upon receipt of opinions and suggestions, conduct case investigation, complete handling of the case generally within 60 days which may be extended for 30 days under complex circumstances, and report the investigation and punishment results to the judicial administrative authority at the place where the acts take place. The judicial administrative authority at the place where the acts take place that disagrees with the punishment opinions shall report to the judicial administrative authority at a common higher level for examination. The judicial administrative authority at a higher level shall examine the opinions and relevant evidential materials of the judicial administrative authority of the two places, and offer the handling opinions. The industrial punishment work involving lawyers' cross-regional practice of law in violation of the regulations shall be implemented, mutatis mutandis to, the aforesaid provisions.
Article 36 [Direct Punishment] The facts found in an effective judgment of a court have been severely evidenced and cross-examined and subject to other judicial proceeding, the judicial administrative authority and the lawyers association may, in accordance with the facts found in the effective judgment of the court, make a decision on punishment and industrial punishment, unless when there is sufficient evidence to overturn the facts.
Where a lawyer is given criminal punishment due to an intentional crime, the judicial administrative authority or the lawyers association may, directly according to the effective judgment of the court, revoke the lawyer's practicing certificate and cancel the lawyer's membership, without conducting repeated investigation.
Article 37 [Handling of Certificates] A lawyer that is subject to the punishment of suspension of practice shall, after the punishment decision comes into effect but before the punishment period expires, deposit the lawyer's practicing certificate in the bureau of justice of the district at the place where his or her law firm is located.
Article 38 [Reporting] Where a people's court, people's procuratorate, public security authority, state security authority or any other relevant department suggests that the judicial administrative authority or the lawyers association should punish or take disciplinary sanction against a lawyer for his or her violation of law or regulation, the judicial administrative authority or the lawyers association shall notify the authority that offers the suggestion within seven days of the date of making the handling decision.
Article 39 [Implementation of Responsibilities] The municipal and district judicial administrative authorities and lawyers associations shall strictly implement the Measures of the Ministry of Justice for the Administration of the Practice of Law by Lawyers, the Measures for the Administration of Law Firms, the industry standards of the lawyers associations and other provisions, effectively fulfill the supervision functions, actively carry out work, and investigate and handle the violations of laws and regulations of lawyers and law firms in a timely manner according to the law. For violations of laws and regulations that have a great impact or whose handling has been delayed for a long period of time, the judicial administrative authorities at higher levels and the lawyers associations shall supervise the handling thereof. They shall strengthen the special supervision and inspection of the punishment work against lawyers, intensify the supervision of complaint handling, and notify the supervision and inspection within an appropriate scope. Those who pass the buck, be sluggish in performance, conduct dereliction of duties and malfeasance, and have caused adverse social impact shall be subject to circulation of notices of criticism; and under serious circumstances, the discipline inspection and supervision departments and the organization and personnel departments shall be suggested to hold the relevant personnel liable.
Chapter V Supplementary Provisions
Article 40 Except Chapter IV of these Detailed Implementation Rules, the time limit prescribed shall be calculated by working days, excluding statutory holidays.
Article 41 The power to interpret these Detailed Implementation Rules shall remain with the Beijing Municipal Bureau of Justice.
Article 42 These Detailed Implementation Rules shall come into force on January 1, 2018.