Heavy! ＂National unified legal professional qualification examination implementation measures＂ issued.
CCTV News:According to the website of the Ministry of Justice, the "Measures for the Implementation of the National Unified Legal Professional Qualification Examination" was considered and adopted at the ministerial meeting of the Ministry of Justice on April 25, 2018. It is hereby promulgated and shall come into force as of the date of promulgation. The full text is as follows:
Measures for the implementation of the national unified legal professional qualification examination
(Promulgated by DecreeNo. 140th of the Ministry of Justice on April 28, 2018)
Chapter I General Principles
the first In order to standardize the national unified legal professional qualification examination, these measures are formulated in accordance with the Judges Law of People’s Republic of China (PRC), Public Prosecutors Law of the People’s Republic of China, Civil Service Law of People’s Republic of China (PRC), Lawyers Law of People’s Republic of China (PRC), Notary Law of People’s Republic of China (PRC), Arbitration Law of People’s Republic of China (PRC), Administrative Reconsideration Law of People’s Republic of China (PRC), Administrative Punishment Law of the People’s Republic of China and relevant state regulations.
the second The national unified legal professional qualification examination is a national examination organized by the state to select qualified legal professionals.
Newly appointed judges, newly appointed prosecutors, applicants for practicing as lawyers, notaries and legal arbitrators for the first time, and civil servants in administrative organs who are engaged in the examination of administrative punishment decisions, administrative reconsideration, administrative rulings and legal advisers for the first time shall pass the national unified legal professional qualification examination and obtain legal professional qualifications.
Except as otherwise provided by laws and administrative regulations.
Article The national unified legal professional qualification examination shall be legal, fair and just.
Article 4 The Ministry of Justice, together with the Supreme People’s Court, the Supreme People’s Procuratorate and other relevant departments and units, will form the National Coordinating Committee for Unified Legal Professional Qualification Examination, and hold consultations on major issues concerning the National Unified Legal Professional Qualification Examination.
Article 5 The implementation of the national unified legal professional qualification examination shall be subject to supervision by supervisory organs, secret organs and the society.
Chapter II Examination Organization
Article 6 The national unified legal professional qualification examination shall be implemented by the Ministry of Justice.
Article 7 The judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government shall specify specialized institutions to undertake the examination of the national unified legal professional qualification examination in accordance with relevant regulations.
The judicial administrative organs at the municipal level divided into districts or districts (counties) of municipalities directly under the Central Government shall, under the supervision and guidance of the judicial administrative organs at higher levels, undertake the examination of the national unified legal professional qualification examination within their respective jurisdictions.
Article 8 The judicial administrative organ responsible for organizing and implementing the examination and its examination staff shall strictly abide by the provisions of the state secrecy laws and regulations, and strengthen the secrecy management of the national unified legal professional qualification examination.
Chapter III Registration Conditions
Article 9 Persons who meet the following conditions may sign up for the national unified legal professional qualification examination:
(1) Having People’s Republic of China (PRC) nationality;
(two) support the constitution of People’s Republic of China (PRC), enjoy the right to vote and be elected;
(3) Having good political and professional qualities and moral conduct;
(4) Having full capacity for civil conduct;
(5) Having a bachelor’s degree in law from a full-time ordinary institution of higher learning and obtaining a bachelor’s degree or above; Bachelor degree or above in illegal science in full-time colleges and universities, and obtain master of law, master of law or above; Full-time colleges and universities have bachelor degree or above in illegal courses and obtained corresponding degrees, and have been engaged in legal work for three years.
Article 10 Under any of the following circumstances, persons may not sign up for the national unified legal professional qualification examination:
(1) Having received criminal punishment for intentional crime;
(2) Having been expelled from public office or having had his lawyer’s practice certificate or notary’s practice certificate revoked;
(three) the legal professional qualification certificate has been revoked;
(four) being given two years not to sign up for the national unified legal professional qualification examination (national judicial examination), or being given life not to sign up for the national unified legal professional qualification examination (national judicial examination);
(five) because of serious dishonesty, the relevant state units identified as the object of joint punishment for dishonesty and included in the national credit information sharing platform;
(6) Being banned from engaging in legal professional treatment for life due to other circumstances.
If a person under any of the circumstances specified in the preceding paragraph has gone through the registration formalities, the registration is invalid; Those who have already taken the exam will have invalid test results.
Chapter IV Contents and Methods of Examination
Article 11 The specific examination time and related arrangements of the national unified legal professional qualification examination will be announced to the public three months before the examination is held.
Article 12 The national unified legal professional qualification examination implements the national unified proposition.
The content and proposition scope of the national unified legal professional qualification examination shall be subject to the Outline of the National Unified Legal Professional Qualification Examination published by the Ministry of Justice that year.
Article 13 The national unified legal professional qualification examination is held once a year, which is divided into two parts: objective examination and subjective examination, and comprehensively examines the political literacy, professional ability and professional ethics that candidates should have in the legal profession.
Candidates who pass the objective test can take the subjective test, and the objective test is valid in this year and the next test year.
Article 14 The national unified legal professional qualification examination adopts paper-and-pencil examination or computerized examination.
Article 15 The national unified legal professional qualification examination shall be marked by the whole country, and the qualified scores shall be determined uniformly. The examination results and qualified scores shall be announced by the Ministry of Justice.
Chapter V Disciplinary Treatment
Article 16 Candidates who violate the examination discipline shall be given a verbal warning, ordered to leave the examination room and cancel the examination results, confirmed that the examination results of that year are invalid, and shall not sign up for the national unified legal professional qualification examination within two years according to the relevant provisions, depending on the circumstances and consequences; If it constitutes an intentional crime, it shall be given a lifelong ban on signing up for the national unified legal professional qualification examination.
Candidates and other relevant personnel who violate the administration of public security shall be dealt with by the public security organs; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Article 17 Examination staff who violate work discipline shall be punished according to the relevant provisions, depending on the circumstances and consequences; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Chapter VI Qualification Granting and Management
Article 18 Persons who have passed the national unified legal professional qualification examination and do not have the circumstances specified in the first paragraph of Article 10 of these Measures may apply for granting legal professional qualifications in accordance with the prescribed procedures, and the Ministry of Justice will issue legal professional qualification certificates.
Article 19 Where a legal professional qualification certificate is obtained by cheating, bribery or other improper means, the Ministry of Justice shall revoke the original decision to grant legal professional qualification and cancel its legal professional qualification certificate.
Article 20 If a person who has obtained the legal professional qualification violates the Constitution and laws, obstructs judicial justice, violates professional ethics, etc., the judicial administrative organ shall, according to the relevant provisions of the Ministry of Justice, treat him accordingly according to his circumstances and consequences.
Article 21 The judicial administrative organ shall record the relevant information of the personnel who have obtained the legal professional qualification and the relevant information of the personnel who have dealt with it according to Articles 19 and 20 of these Measures into the national legal professional qualification management system and publish it on the official website of the Ministry of Justice.
Chapter VII Supplementary Provisions
Article 22 Before the implementation of these measures, graduates with bachelor’s degree or above in law major in institutions of higher learning who have obtained a student status (examination record) or obtained corresponding qualifications, or graduates with bachelor’s degree or above in illegal major in institutions of higher learning and have legal professional knowledge, can sign up for the national unified legal professional qualification examination.
Article 23 The implementation of the national unified legal professional qualification examination may, within a certain period of time, appropriately relax the examination candidates in hard, remote and ethnic minority areas in terms of registration academic qualifications and examination qualification standards, and implement separate management of their legal professional qualifications. The specific measures shall be determined by the National Unified Legal Professional Qualification Examination Coordination Committee.
Organize the national unified legal professional qualification examination in ethnic autonomous areas, and the candidates can use the national language to conduct the examination.
Article 24 The provisions of these Measures shall apply to China citizens who are permanent residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region and residents of Taiwan Province who take the national unified legal professional qualification examination.
Article 25 The specific rules for active servicemen to take the national unified legal professional qualification examination shall be formulated separately by the Ministry of Justice in conjunction with the Political and Legal Committee of the Central Military Commission.
Article 26 Other policies and regulations of the national unified legal professional qualification examination shall be announced in the announcement of the annual national unified legal professional qualification examination after being determined by the national unified legal professional qualification examination coordination Committee.
Article 27 The Ministry of Justice shall be responsible for the interpretation of these Measures.
Article 28 These Measures shall come into force as of the date of promulgation.
