The measures for the administration of public lawyers are as follows:
1. In order to strengthen the construction of public lawyers, standardize the management of public lawyers, and give full play to the functions of public lawyers in comprehensively governing the country according to law, these measures are formulated in accordance with the Opinions on Promoting the Legal Adviser System and the Lawyer System of Public Lawyers' Companies and other relevant regulations, and in combination with the actual work of public lawyers.
2. The term "public lawyer" as mentioned in these Measures refers to public officials who work in party and government organs or people's organizations, have obtained the certificate of public lawyer issued by judicial administrative organs according to law, and are engaged in legal affairs in their own units.
3. Public lawyers should support the leadership of the * * * production party in China, the socialist rule of law, abide by the Constitution and laws, be loyal to their duties, be diligent and conscientious, abide by lawyers' professional ethics and practice discipline, safeguard the correct implementation of laws and safeguard social fairness and justice.
4. The judicial administrative organs shall supervise and guide the business activities of public lawyers. The unit where public lawyers work conducts daily management of public lawyers. The Lawyers' Association practices industry self-discipline for public lawyers.
5. To apply for the issuance of a public lawyer's certificate, the following conditions shall be met:
(1) To support the Chinese people and the Constitution of the People's Republic of China;
(2) Obtaining legal professional qualification or lawyer qualification according to law;
(3) having the status of a public official;
(4) Having been engaged in legal affairs for more than two years, or having served as a judge, prosecutor or lawyer for more than one year;
(5) Good conduct;
(6) The unit where he works agrees to be a public lawyer.
6. If the applicant has any of the following circumstances, the certificate of public lawyer will not be issued:
(1) The applicant has no or limited capacity for civil conduct;
(2) The practicing certificates of lawyers and notaries have been revoked;
(3) those who are suspected of committing a crime, whose judicial proceedings have not yet ended, or who are suspected of violating the law and discipline and are under review;
(4) the results of the annual assessment of civil servants in the previous year were determined to be incompetent;
(5) being listed as the object of joint punishment for dishonesty.
7. To apply for the issuance of a public lawyer's certificate, the applicant's unit shall submit the following materials to the judicial administrative organ:
(1) the national unified legal professional qualification certificate or lawyer's qualification certificate;
(2) the applicant's resident identity certificate and public official identity certificate;
(3) an application form for a public lawyer, which is filled out by the applicant himself, agreed by the unit where he works and signed;
(4) proof of the applicant's work experience and practice experience that meet the requirements specified in Item 4 of Article 5 of these Measures.
8. If public officials of the central party and government organs and people's organizations apply to be public lawyers, they shall apply to the Ministry of Justice after examination and approval by their units. If the central party and government organs implementing the vertical management system apply for being public lawyers in local administrative units at all levels directly under the central government and public officials sent to stationed units, they may apply to the local judicial administrative organs of provinces, autonomous regions and municipalities directly under the central government after examination and approval by their units.