SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
26
HOW TO BECOME A LAWYER IN CHINA
YuanLingYun
Tashkent State University of Law
https://doi.org/10.5281/zenodo.11526624
Abstract:
This article will explore the conditions and procedures for
becoming a lawyer in China based on the Lawyers Law of the People's Republic
of China and the Implementation Measures for the National Unified Legal
Professional Qualification Examination.
Keywords:
Chinese lawyers, conditions for becoming a lawyer, lawyers
China's legal profession has gone through decades of development, from
its initial establishment to its recovery and development. Each stage reflects the
process of the country's rule of law construction and the context of social
development. With the deepening of China's reform and opening up and the
construction of the rule of law, the role of lawyers in the judicial system has
become increasingly prominent, becoming one of the important forces in
promoting the rule of law and maintaining fairness and justice. However,
becoming a lawyer is not easy. It requires rigorous qualification examinations,
professional internship training, and good moral character. This article will
explore the conditions and procedures for becoming a lawyer in contemporary
China, as well as the legal system and social background behind it.
Since the founding of the People's Republic of China, China's legal
profession has gone through more than 60 years of development, during which
it has gone through stages such as initial establishment, cancellation,
reconstruction, and resumption of development.
Current Chinese lawyer system was restored and established based on the
Criminal Procedure Law of the People's Republic of China in 1979 and the
Interim Regulations on Lawyers of the People's Republic of China in 1980.
Affected by various factors, for a long time the number of judges and
prosecutors far exceeded the number of lawyers.
After more than 30 years of reform and development, the above situation
has undergone significant structural changes. By the end of 2017, the number of
lawyers in China had exceeded 365,000, becoming an important force in
promoting economic and social development and building a country ruled by
law.
So how can one become a lawyer in China today?
SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
27
According to Article 5 of the Lawyers Law of the People's Republic of
China, to apply for practicing as a lawyer, one must meet the following
conditions:
1) To uphold the Constitution of the People's Republic of China;
2) Having passed the National Unified Judicial Examination;
3) Having interned in a law firm for one year;
4) Good moral character.
Among them, the second and third are the key elements to becoming a
lawyer in China.
In summary, in China, one must first sign up for the National Unified Legal
Professional Qualification Examination. After passing the examination, one must
intern in a law firm for one year before one can apply to practice as a lawyer.
So what are the requirements for taking the National Unified Legal
Profession Qualification Examination ? The regulations are in the
"Implementation Measures for the National Unified Legal Profession
Qualification Examination" .
Article 9 specifies in detail the conditions for applying for the National
Unified Legal Professional Qualification Examination.
Persons who meet the following conditions may apply for the National
Unified Legal Professional Qualification Examination:
1) Having the nationality of the People's Republic of China;
2) To uphold the Constitution of the People's Republic of China and enjoy
the right to vote and to be elected;
3) Having good political, professional qualities and moral character;
4) Having full capacity for civil conduct;
5) Possess a bachelor's degree in law from a full-time regular college and
obtain a bachelor's degree or above; possess a bachelor's degree or above in
non-law subjects from a full-time regular college and obtain a master's degree in
law, master of jurisprudence or above; possess a bachelor's degree or above in
non-law subjects from a full-time regular college and obtain a corresponding
degree and have been engaged in legal work for at least three years.
Article 10 also specifies in detail the conditions that cannot include the
National Unified Legal Professional Qualification Examination.
Persons who meet any of the following conditions shall not register for the
National Unified Legal Professional Qualification Examination:
1) Having been punished for an intentional crime;
SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
28
2) Those who have been dismissed from public office or have had their
lawyer's practice certificate or notary public's practice certificate revoked;
3) Having his/her legal professional qualification certificate revoked;
4) The period of being prohibited from registering for the National Unified
Legal Professional Qualification Examination (National Judicial Examination) for
two years has not expired, or the person has been prohibited from registering
for the National Unified Legal Professional Qualification Examination (National
Judicial Examination) for life;
5) Those who have been identified as targets of joint punishment for
dishonesty by relevant state agencies due to serious dishonesty and included in
the national credit information sharing platform;
6) Those who have been banned from engaging in legal profession for life
due to other circumstances.
If a person is in any of the circumstances specified in the preceding
paragraph, his registration will be invalid if he has already completed the
registration procedures; if he has already taken the examination, his
examination results will be invalid.
Therefore, we can conclude that in today's China, only citizens of the
People's Republic of China who have obtained a bachelor's degree in law or
above, have good conduct, no criminal record, and have passed the National
Unified Legal Professional Qualification Examination can become lawyers after
one year of internship in a law firm.
From this we can see that becoming a lawyer in China is not an easy thing.
The procedure is complicated and the requirements are high. Generally, only
high-quality legal talents who have undergone a lot of professional training can
become lawyers in China.
The development of China's legal profession not only bears witness to the
process of China's rule of law construction, but also reflects the society's
unremitting pursuit of fairness and justice. Becoming a lawyer is a career that
requires profound legal knowledge, good moral qualities and persistent efforts.
Driven by China's rule of law process, lawyers will continue to play an important
role in promoting social fairness and justice and safeguarding legal rights.
References:
1. Lawyers Law of the People's Republic of China
2."Implementation Measures for the National Unified Legal Professional
Qualification Examination"
3. Zhou Dun : "The Past and Present of the Judicial Examination"
