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Public Attorney Management Method

 

Chapter 1 General Provisions

Article 1 　In order to strengthen the construction of the public attorney team, standardize the management of public attorneys, and give full play to the functional role of public attorneys in the rule of law, in accordance with relevant regulations such as "Opinions on the Implementation of the Legal Counsel System and the Public Attorney Company Lawyer System", and in combination with the actual work of public attorneys, this method is formulated.

Article 2 　The term "public attorney" as used in these Measures refers to a public official who works in a party and government organ or people's organization, legally obtains a public attorney certificate issued by a judicial administrative organ, and engages in legal affairs in his or her unit.

Article 3 　Public attorneys shall uphold the leadership of the Communist Party of China, uphold socialist rule of law, model themselves on observing the Constitution and laws, be loyal to their duties, diligent and conscientious, abide by the lawyer's professional ethics and practice discipline, maintain the correct implementation of the law, and maintain social fairness and justice.

Article 4 　Judicial administrative organs supervise and guide the business activities of public attorneys.

The unit where the public attorney is located conducts daily management of the public attorney.

The Lawyers Association implements industry self-discipline for public attorneys.

 

Chapter 2 Qualification and Procedures for Appointment

Article 5 　To apply for a public attorney certificate, the following conditions must be met:

(1) Uphold the Constitution of the People's Republic of China;

(2) Legally obtain legal professional qualifications or lawyer qualifications;

(3) Have the status of a public official;

(4) Have been engaged in legal affairs for more than two years, or have served as a judge, procurator, or lawyer for more than one year;

(5) Have good character;

(6) The unit where the applicant works agrees to their appointment as a public attorney.

Article 6 　Applicants with any of the following circumstances shall not be issued a public attorney certificate:

(1) Those who lack civil capacity or have limited civil capacity;

(2) Those whose lawyer or notary public certificates have been revoked;

(3) Those suspected of crimes whose judicial procedures have not yet been concluded, or those suspected of disciplinary violations or illegal activities who are under investigation;

(4) Those whose annual performance appraisal results for civil servants in the previous year were determined to be incompetent;

(5) Those who are currently listed as subjects of joint creditworthiness punishment.

Article 7 　To apply for a public attorney certificate, the applicant's unit shall submit the following materials to the judicial administrative organ:

(1) National unified legal professional qualification certificate or lawyer qualification certificate;

(2) The applicant's resident identity certificate and public official identity certificate;

(3) Public attorney application form filled out by the applicant, agreed to and signed and sealed by the unit where the applicant works;

(4) Proof of work experience and practice experience that meets the conditions of Article 5, paragraph 4 of these Measures.

Article 8 　Public officials of central party and government organs and people's organizations who apply to serve as public attorneys shall submit their application to the Ministry of Justice after being reviewed and approved by their units. Public officials of central party and government organs under a vertical management system in various local directly affiliated management units and dispatched and stationed units may also submit their application to the local provincial, autonomous regional, or municipal judicial administrative organs after being reviewed and approved by their units.

Public officials of provincial party and government organs and people's organizations who apply to serve as public attorneys shall submit their application to the local provincial, autonomous regional, or municipal judicial administrative organs after being reviewed and approved by their units.

Public officials of city-level or district (county)-level and below party and government organs and people's organizations who apply to serve as public attorneys shall submit their application to the local city-level or district (county) judicial administrative organs after being reviewed and approved by their units.

Article 9 　The judicial administrative organs shall review the received applications for public attorneys. The city-level or district (county) judicial administrative organs shall submit their preliminary opinions on the received applications for public attorneys before submitting them to the provincial, autonomous regional, or municipal judicial administrative organs for review.

After review, if the applicant meets the conditions for appointment as a public attorney and the application materials are complete, the Ministry of Justice or the provincial, autonomous regional, or municipal judicial administrative organs shall issue a public attorney certificate to the applicant.

Explore the implementation of a pre-job training system for public attorneys.

Article 10 　In the case of any of the following circumstances, the original issuing authority shall revoke and cancel the public attorney certificate:

(1) The person concerned is unwilling to continue serving as a public attorney and applies to the judicial administrative organ for cancellation after obtaining the consent of the unit where they work;

(2) The unit where the person concerned works does not agree to their continued service as a public attorney and applies to the judicial administrative organ for cancellation;

(3) Due to resignation, transfer, reassignment, retirement, dismissal, or expulsion, the person concerned no longer meets the conditions for serving as a public attorney;

(4) The person concerned has been rated as incompetent in the annual performance appraisal of public attorneys for two consecutive times;

(5) The person concerned obtained the public attorney certificate through improper means such as fraud, concealment, or forgery of materials;

(6) Other circumstances in which the person concerned may not continue to serve as a public attorney.

Article 11 　Personnel who have served as public attorneys for three years and whose last annual performance appraisal of public attorneys was rated as competent, after leaving their original unit and applying for social lawyer practice, may, after passing the examination of the Lawyers Association, directly apply to the city-level or district (county) judicial administrative organ for the issuance of a social lawyer practice certificate. Their experience as a public attorney shall be counted towards their years of practice as a social lawyer.

Article 12 　Individuals who served as legal counsel before the implementation of the national unified legal professional qualification system but did not legally obtain a legal professional qualification or lawyer's qualification, and who meet the following conditions, may be issued a public service lawyer certificate by the Ministry of Justice after passing the assessment:

(1) Having served as legal counsel in party and government organs and people's organizations for at least fifteen years;

(2) Possessing a bachelor's degree or above in law from a higher education institution, or a bachelor's degree or above in a non-law major from a higher education institution and obtaining a master's degree in law, a master's degree in jurisprudence, or other equivalent degree;

(3) Possessing a senior professional title or equivalent professional level.

Personnel who obtain a public service lawyer certificate in accordance with the provisions of the preceding paragraph and apply for social lawyer practice after leaving their original unit shall comply with the relevant provisions of the national unified legal professional qualification system.

 

Chapter III Main Responsibilities

Article 13 　Public service lawyers may, at the request or assignment of their unit, engage in the following legal affairs:

(1) Providing legal opinions for the unit's discussion and decision-making on major issues;

(2) Participating in the drafting and argumentation of draft laws, regulations, rules, draft internal party regulations, and normative documents;

(3) Participating in the negotiation of cooperation projects, external bidding, government procurement, etc., drafting, modifying, and reviewing important legal documents or contracts and agreements;

(4) Participating in work related to handling visits and complaints, conflict mediation, resolution of cases involving laws and litigation, handling emergencies, government information disclosure, and state compensation;

(5) Participating in administrative penalty review, administrative adjudication, administrative reconsideration, and administrative litigation;

(6) Implementing the responsibility system for legal publicity of "whoever enforces the law also publicizes the law", and carrying out legal publicity and education;

(7) Handling litigation, mediation, and arbitration of civil cases;

(8) Other legal affairs entrusted or assigned by the unit.

Article 14 　Public service lawyers legally enjoy the rights to meet, review case files, investigate and collect evidence, ask questions, present evidence, debate, and defend. They have the right to obtain information, documents, materials, and other necessary work powers and conditions related to the performance of their duties.

Public service lawyers shall accept the management and supervision of their unit, handle legal affairs according to entrustment or assignment, shall not engage in paid legal services, shall not hold concurrent positions in law firms or other legal service institutions, and shall not handle litigation or non-litigation legal affairs outside their unit in the capacity of a lawyer.

Article 15 　The unit where the public service lawyer is located shall, in accordance with relevant national regulations, establish and improve a mechanism for reviewing the legality of decision-making, and make the public service lawyer's participation in the decision-making process and the provision of legal opinions an important procedure for law-based decision-making.

Before the unit where the public service lawyer is located discusses and decides on major issues, it shall solicit the legal opinions of the public service lawyer. Matters that should be subject to the legal opinions of the public service lawyer in accordance with relevant regulations but have not been solicited, or matters that the public service lawyer deems illegal, shall not be submitted for discussion or decision.

When the unit where the public service lawyer is located drafts and reviews draft laws, regulations, rules, draft internal party regulations, and normative documents, it shall arrange for the public service lawyer to participate or solicit their legal opinions.

Article 16 　The unit where the public service lawyer is located shall improve the workflow and institutional arrangements for the public service lawyer to attend important meetings, review documents and materials, issue legal opinions, and review and sign relevant documents, provide necessary office conditions and financial support, and guarantee that the public service lawyer performs their duties in accordance with the law.

Article 17 　Public service lawyers shall join the lawyers' association, enjoy the rights of members, and fulfill the obligations of members.

Public service lawyers of central party and government organs and people's organizations shall join the All-China Lawyers' Association.

Public service lawyers of provincial and lower-level party and government organs and people's organizations, and public service lawyers of central party and government organs and people's organizations in local subordinate administrative units and dispatched and stationed units, shall join the local lawyers' association where the unit is located and shall also be members of the All-China Lawyers' Association.

 

Chapter IV Supervision and Management

Article 18 　Party and government organs and people's organizations are responsible for the selection and management of public service lawyers in their units.

Article 19 　The department responsible for legal affairs in the unit where the public service lawyer is located is responsible for the daily business management of the public service lawyers in the unit. It shall, as needed, coordinate the allocation and use of public service lawyers in the unit, and formulate and improve workflows for the assignment, handling, feedback, and supervision of legal affairs.

Party and government organs and people's organizations may, according to work needs, strengthen unified guidance and management of the work of public service lawyers in their systems, and coordinate the allocation and use of public service lawyers among their subordinate units.

When a public service lawyer acts on behalf of their unit in litigation, arbitration, or other legal affairs in the capacity of a lawyer, the unit responsible for the allocation and use shall issue a letter of entrustment as needed.

Article 20 　Judicial administrative organs shall, in conjunction with the units where public service lawyers are located, establish public service lawyer files, recording the annual assessment, commendation and awards, punishment and discipline, and training participation of public service lawyers in the files.

Article 21 　The unit where the public service lawyer is located shall conduct an annual assessment of the public service lawyers in the unit, focusing on their compliance with laws, regulations, and professional ethics, performance of their duties, and the quantity and quality of their legal affairs work, and shall provide an assessment opinion of competent, basically competent, or incompetent, and submit it to the judicial administrative organ for the record.

Article 22 　The unit where the public service lawyer is located, the judicial administrative organ, and the lawyers' association shall establish a training system for public service lawyers, formulate a training plan for public service lawyers, and conduct policy and theoretical training and legal practical skills training for public service lawyers.

Article 23 　The unit where the public service lawyer is located, the judicial administrative organ, and the lawyers' association shall establish and improve a commendation and reward system for public service lawyers, commend public service lawyers who are diligent and conscientious, have outstanding performance, and have made outstanding contributions, and provide incentives in terms of performance appraisal, advanced and excellent selection, talent recommendation, and cadre selection.

 

Chapter V Supplementary Provisions

 

Article 24 　Public institutions, social organizations, and other organizations authorized by laws and regulations with public affairs management functions may establish public service lawyers in reference to these measures.

Article 25 　Provincial judicial administrative organs may formulate specific implementation measures based on local work practices and in accordance with these measures.

Article 26 　The Ministry of Justice is responsible for the interpretation of these measures.

Article 27 　These measures shall come into force on January 1, 2019. Any provisions concerning in-house counsel previously formulated by the Ministry of Justice that are inconsistent with these measures shall be governed by these measures.

 

 

Management Measures for In-House Counsel

 

Chapter 1 General Provisions

Article 1 　In order to strengthen the development of in-house counsel teams, standardize the management of in-house counsel, and give full play to the functional role of in-house counsel in the rule of law, these measures are formulated in accordance with relevant provisions such as the "Opinions on Promoting the Legal Counsel System and the In-House Counsel System for State-owned Enterprises", and in combination with the actual work of in-house counsel.

Article 2 　For the purposes of these measures, "in-house counsel" refers to employees who have entered into employment contracts with state-owned enterprises, legally obtained in-house counsel certificates issued by judicial administrative organs, and engage in legal affairs within their enterprises.

Article 3 　In-house counsel shall uphold the leadership of the Communist Party of China, uphold socialist rule of law, model themselves on the Constitution and laws, be loyal to their duties, diligent and conscientious, abide by the professional ethics and discipline of lawyers, safeguard the legitimate rights and interests of their enterprises, uphold the correct implementation of the law, and uphold social fairness and justice.

Article 4 　Judicial administrative organs supervise and guide the business activities of in-house counsel.

The employing unit of in-house counsel conducts daily management of in-house counsel.

The lawyer association implements industry self-discipline for in-house counsel.

 

Chapter 2 Qualification and Procedures for Appointment

Article 5 　The following conditions must be met to apply for an in-house counsel certificate:

(1) Uphold the Constitution of the People's Republic of China;

(2) Legally obtain legal professional qualifications or lawyer qualifications;

(3) Legally enter into an employment contract with a state-owned enterprise;

(4) Have been engaged in legal affairs for more than two years, or have served as a judge, procurator, or lawyer for more than one year;

(5) Have good character;

(6) The employing unit agrees to their appointment as in-house counsel.

Article 6 　In-house counsel certificates will not be issued to applicants who meet any of the following circumstances:

(1) Those who lack civil capacity or have limited civil capacity;

(2) Those who have been subject to criminal punishment, except for crimes of negligence;

(3) Those who have been dismissed from public office or whose lawyer or notary public certificates have been revoked;

(4) Those suspected of crimes whose judicial procedures have not yet been concluded, or those suspected of disciplinary violations or illegal activities who are currently under investigation;

(5) Those who are currently listed as subjects of joint creditworthiness punishment.

Article 7 　To apply for an in-house counsel certificate, the applicant's employing unit shall submit the following materials to the judicial administrative organ:

(1) National unified legal professional qualification certificate or lawyer qualification certificate;

(2) The applicant's resident identity certificate and enterprise employee identity certificate;

(3) The in-house counsel application form filled out by the applicant, agreed to and signed and sealed by the employing unit;

(4) Proof of work experience and practice experience that meets the conditions of Article 5, paragraph 4 of these Measures.

Article 8 　For central enterprise employees applying for an in-house counsel certificate, the application shall be submitted to the Ministry of Justice after review and approval by the employing unit. Employees of various local branches and subsidiaries of central enterprises may also submit applications to the judicial administrative organs of the province, autonomous region, or municipality directly under the Central Government after review and approval by their employing units.

For provincial enterprise employees applying for an in-house counsel certificate, the application shall be submitted to the judicial administrative organs of the province, autonomous region, or municipality directly under the Central Government after review and approval by the employing unit.

For other state-owned enterprise employees applying for an in-house counsel certificate, the application shall be submitted to the municipal or district (county) judicial administrative organ of the city with districts after review and approval by the employing unit.

Article 9 　Judicial administrative organs shall review the received in-house counsel applications. The municipal or district (county) judicial administrative organs shall submit a preliminary review opinion before submitting the received in-house counsel applications to the provincial, autonomous regional, or municipal judicial administrative organs for review.

After review, if the applicant meets the conditions for in-house counsel and the application materials are complete, the Ministry of Justice or the provincial, autonomous regional, or municipal judicial administrative organ shall issue an in-house counsel certificate to the applicant.

Explore the implementation of a pre-job training system for in-house counsel.

Article 10 　In-house counsel certificates shall be revoked and cancelled by the original issuing authority under any of the following circumstances:

(1) The individual is unwilling to continue serving as in-house counsel and applies to the judicial administrative organ for cancellation after obtaining the consent of the employing unit;

(2) The employing unit does not agree to their continued service as in-house counsel and applies to the judicial administrative organ for cancellation;

(3) Due to resignation, transfer, reassignment, retirement, dismissal, or expulsion, they no longer meet the conditions for serving as in-house counsel;

(4) Twice consecutively rated as incompetent in the annual performance appraisal of in-house counsel;

(5) Obtaining an in-house counsel certificate through improper means such as fraud, concealment, or forgery of materials;

(6) Other circumstances that prevent continued service as in-house counsel.

Article 11 　Personnel who have served as in-house counsel for three years and whose last annual performance appraisal was rated as competent, after leaving their original unit and applying for social lawyer practice, may, after passing the lawyer association's assessment, directly apply to the municipal or district (county) judicial administrative organ for a social lawyer practice certificate, and their experience as in-house counsel shall be counted towards their years of social lawyer practice.

Article 12 　Personnel who had served as legal counsel before the implementation of the national unified legal professional qualification system but had not legally obtained a legal professional qualification or lawyer qualification, and who meet the following conditions, may be issued an in-house counsel certificate by the Ministry of Justice after passing the assessment:

(1) Having served as legal counsel in a state-owned enterprise for 15 years;

(2) Possessing a bachelor's degree or above in law from a higher education institution, or a bachelor's degree or above in a non-law major from a higher education institution and obtaining a master's degree in law, a master's degree in jurisprudence, or other equivalent degree;

(3) Possessing a senior professional title or equivalent professional level.

Personnel who have obtained an in-house counsel certificate in accordance with the preceding paragraph, after leaving their original unit and applying for social lawyer practice, shall comply with the relevant provisions of the national unified legal professional qualification system.

 

Chapter III Main Responsibilities

Article 13 　In-house counsel may, at the request or assignment of their employing unit, engage in the following legal affairs:

(1) Providing legal opinions on major business decisions such as enterprise restructuring, mergers and acquisitions, listings, property transfers, and bankruptcy reorganization;

(2) Participating in the formulation and revision of important enterprise regulations such as enterprise articles of association and board of directors operating rules;

(3) Participating in external negotiations and consultations for enterprises, drafting and reviewing contracts, agreements, and legal documents signed by enterprises;

(4) Organizing and carrying out compliance management, risk management, intellectual property management, legal publicity and education and training, and legal consultation;

(5) Handling various litigation and mediation and arbitration matters;

(6) Other legal affairs entrusted or assigned by the employing unit.

Article 14 　Company lawyers are legally entitled to rights such as meeting, reviewing case files, investigating and collecting evidence, questioning, presenting evidence, debating, and defending. They have the right to obtain information, documents, materials, and other necessary work authority and conditions related to the performance of their duties.

Company lawyers should accept the management and supervision of their unit, handle legal affairs according to entrustment or assignment, and shall not engage in paid legal services, work part-time at law firms or other legal service institutions, or handle litigation or non-litigation legal affairs outside their unit in the capacity of a lawyer.

Article 15 　The unit where the company lawyer is located should establish and improve a mechanism for reviewing the legality of decisions, making the company lawyer's participation in the decision-making process and providing legal opinions an important procedure for making decisions according to law.

Before the company lawyer's unit discusses and decides on major issues concerning the operation and management of the enterprise, it should solicit the legal opinions of the company lawyer. Matters that should be reviewed by the company lawyer according to relevant regulations but have not been reviewed, or matters that the company lawyer deems illegal, shall not be submitted for discussion or decision.

When the company lawyer's unit formulates or amends the company's articles of association, board of directors' operating rules, and other regulations, signs contracts and agreements externally, and handles legal affairs such as litigation, arbitration, and mediation involving the enterprise, it should arrange for the company lawyer to participate or review.

Article 16 　The unit where the company lawyer is located should improve the workflow and institutional arrangements for the company lawyer to attend important meetings, review documents and materials, issue legal opinions, and review and sign relevant documents, provide necessary office conditions and financial support, and ensure that the company lawyer performs its duties in accordance with the law and regulations.

Article 17 　Company lawyers should join the lawyers' association, enjoy the rights of members, and fulfill their obligations as members.

Company lawyers of central enterprises shall join the National Lawyers Association.

Company lawyers of provincial and lower-level state-owned enterprises, and company lawyers of branches and subsidiaries of central enterprises in local areas, shall join the local lawyers' association where the unit is located and shall also be members of the National Lawyers Association.

 

Chapter IV Supervision and Management

Article 18 　State-owned enterprises are responsible for the selection of company lawyers in their units. They may set up positions for company lawyers, recruit or appoint personnel who meet the conditions for serving as company lawyers, and develop a team of company lawyers.

Based on the characteristics and growth patterns of legal professional and technical personnel in state-owned enterprises, research and establish a professional title system for company lawyers that is scientifically evaluated and well-managed. State-owned enterprises with the conditions may explore a professional title system for company lawyers that suits their own circumstances.

Article 19 　The department responsible for legal affairs in the unit where the company lawyer is located is responsible for the daily business management of the company lawyer in the unit. It may, as needed, coordinate and utilize the company lawyers in the unit, and formulate and improve workflows for assigning, handling, feedback, evaluation, and supervision of legal affairs.

State-owned enterprises may, according to work needs, strengthen unified guidance and management of the work of company lawyers in their subordinate enterprises, and coordinate and utilize company lawyers among their subordinate enterprises.

When a company lawyer represents the unit in litigation, arbitration, and other legal affairs, the unit responsible for the allocation and use should issue a letter of entrustment as needed.

Article 20 　Judicial administrative organs should, together with the unit where the company lawyer is located, establish a company lawyer file, recording the annual assessment, commendation and reward, punishment and discipline, and training participation of the company lawyer.

Article 21 　The unit where the company lawyer is located should conduct an annual assessment of the company lawyer in the unit, focusing on the lawyer's compliance with laws and professional ethics, performance of duties, and the quantity and quality of legal affairs handled, and provide an assessment opinion of competent, basically competent, or incompetent, and submit it to the judicial administrative organ for the record.

Article 22 　The unit where the company lawyer is located, judicial administrative organs, and lawyers' associations should establish a company lawyer training system, formulate a company lawyer training plan, and conduct policy theory training and legal practice skills training for company lawyers.

Article 23 　The unit where the company lawyer is located, judicial administrative organs, and lawyers' associations should establish and improve a commendation and reward system for company lawyers, commend company lawyers who are diligent and conscientious, have outstanding performance, and have made outstanding contributions, and provide incentives in terms of performance appraisal, advanced commendation, talent recommendation, and cadre selection.

 

Chapter V Supplementary Provisions

Article 24 　For pilot programs involving company lawyers in private enterprises, the relevant provisions of these measures shall apply analogously.

Article 25 　Provincial judicial administrative organs may formulate specific implementation measures based on local work practices and in accordance with these measures.

Article 26 　The Ministry of Justice is responsible for the interpretation of these measures.

Article 27 　These measures shall come into force on January 1, 2019. If previous regulations on company lawyers formulated by the Ministry of Justice are inconsistent with these measures, these measures shall prevail.