Legal System of China.docVIP

Legal System of China:Lawyer System 2010-2-21 13:43 来源：法律教育网　 【大 中 小】【我要纠错】 　　This system governs the nature， mission， organization， operational principles of lawyers， as well as how lawyers provide legal services. 　　Nature， Mission and Status 　　1. Nature 　　Article 2 of the Lawyers Law of the Peoples Republic of China， promulgated on May 15， 1996， defines lawyers as “professionals who have obtained a practicing license through legal means to provide legal services.” Lawyers are an important force for the construction of the legal system in China. Article 3 provides that practicing lawyers must abide by the Constitution and laws and adhere to the code of ethics and professional discipline for lawyers. They must use facts as basis and law as yardstick for practicing. 　　2. Mission 　　The mission of lawyers is to achieve the objective specified in state laws through the practice of law. Article 1 of the Lawyers Law states that the mission of lawyers is to maintain the lawful rights and interests of the parties to a suit and maintain proper implementation of law. These two objectives are mutually complementary because the maintenance of lawful rights and interests is consistent with the maintenance of the right implementation of law. 　　3. Status of Lawyers 　　Chinese lawyers play an independent role in lawsuits. They do not belong to courts or procuratorates， nor do they belong to their clients. They participate in lawsuits in order to maintain the legal rights and interests of their clients. They are independent. They enjoy not only rights of an ordinary participant in a lawsuit， but also rights compatible with the exercise of the duties of a lawyer. 　　Qualifications for Licensing 　　To practice， lawyers must first obtain professional qualifications and apply for a license after probation. After obtaining qualifications， they must receive the license for practicing in accordance with legal procedures in order to practice law as a lawyer. Only then can they enjoy the rights