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Bulletin of the Supreme People's Court, the Supreme People's
Procuratorate and the Ministry of Justice
No.2
According to the stipulation of Law on Judges of the People's Republic of China and amendment to Law on Prosecutors of the People's Republic of China,Measures for the Implementation of National Judicial Examination(for Trial Implementation) formulated by the Ministry of Justice jointly with the Supreme People's Court, the Supreme People's Procuratorate,is hereby promulgated.
Effective as of January 1, 2002
the Supreme People's Court,
the Supreme People's Procuratorate
the Ministry of Justice
October, 31, 2001
Measures for the Implementation of National Judicial Examination (for Trial Implementation)
Chapter 1 General Principles
Article 1 This measure is formulated to establish and standardize the system of national uniform judicial examination, to improve and ensure the quality of the procession of judges, proseccutors and lawyers,in accordance with Law on Judges of the People's Republic of China, Law on Prosecutors of the People's Republic of China, Law on Lawyers of the People's Republic of China..
Article 2 National judicial examination is examination for qualification to take on a particular legal profession uniformly organized by state.
Any one who is appointed as judges, prosecutors for the first time or obtain qualification as a lawyer shall have to pass national judicial examination.
Article 3 National judicial examination shall be in line with fairness and equitability.
Article 4 National judicial examination coordinative committee which negotiate about the important matter concerning national judicial examination shall be organized by the Ministry of Justice jointly with the Supreme People's Court, the Supreme People's Procuratorate.
Article 5 The implementation of national judicial examination shall be in the charge of the Ministry of Justice.
Chapter 2 Examination
Article 6 National judicial examination shall be held once a year. Specific examination time shall be publicized to the society 3 months before the examination is held.
Article 7 Legal professional knowledge which examinees should have and abilities of engaging legal profession of examinees shall be tested in national judicial examination.
The contents of national judicial examination consist of :theoretical legal knowledge, applied legal knowledge, the effective stipulations of law and law practice , and legal profession ethics.
Article 8 National judicial examination exercises national uniform proposition.
Proposition scope of national judicial examination shall be subject to Syllabus for National Judicial Examination formulated and promulgated by the Ministry of Justice.
Article 9 National judicial examination adopts mode of close-book exam.
Article 10 National judicial examination exercises national uniform examination judgment,grades shall be publicized by the Ministry of Justice.
Chapter 3 Examination Organization
Article 11 A special institution shall be set up in the Ministry of Justice to specifically conduct national judicial examination work .
Sign-up of national judicial examination, setting of examination room, examination discipline, examination supervision, examination judgment and other examination affairs shall be additionally formulated by the Ministry of Justice in accordance with the measure.
Article 12 A special institution shall be set up in judicial departments (bureaus) of different provinces, autonomous regions and municipalities directly under the State Council to specifically take charge of specific examination affairs of its administrative areas.
Chapter 4 Conditions of Sign-up
Article 13 Any one who meets the following conditions may sign up to participate in national judicial examination:
(I)having nationality of the People's Republic of China ;
(II) upholding Constitution of the People's Republic of China,enjoying right to elect and right to be elected;
(III)having full capacity for civil conduct;
(IV)meeting the conditions of diploma and majors prescribed in Law on Judges, Law on Prosecutors and Law on Lawyers ;
(V)well- behaved
Article 14 Any one who commits the following circumstances may not sign up to participate in national judicial examination,the conducted sign-up formalities is invalid:
(I)having been subjected to criminal punishment due to intentional crime;
(II)once removed from public employment or his lawyer's practice certificate once revoked;
(III)once punished no participation in national judicial examination within 2 years or in whole life according to the stipulations of article 18 of this measure.
Chapter 5 Qualification Awarding
Article 15 The annual number of passers and the qualified mark line of national judicial examination shall be publicized after the Ministry of Justice consults with the Supreme People's Court, the Supreme People's Procuratorate.
Article 16 Any one who passed the national judicial examination shall be awarded with Certificate of the Legal Profession Qualifications by the Ministry of Justice.
Article 17 Certificate of the Legal Profession Qualifications obtained in violation of this measure shall be confirmed invalid by the Ministry of Justice.
Chapter 6 Liabilities
Article 18 Examinees having cheating and other behaviors in violation of discipline shall be separately warned, confirmed examination grades invalid, no participation in national judicial examination within 2 years or in whole life according to plot and consequences. Specific measure for disposal shall be stipulated by the Ministry of Justice.
Article 19 Examination personnel having behaviors in violation of discipline shall be given corresponding disposal according to plot and consequences;if the circumstance is very serious and the case constitute a crime, submitted to judicial organs to deal with. Specific measure for disposal shall be stipulated by the Ministry of Justice.
Chapter 7 Supplementary Provisions
Article 20 Examination paper in national written languages may be used in the areas minorities in accordance with requirement.
Article 21 The modification and interpretation shall be promulgated by the Ministry of Justice after the Ministry of Justice consults with the Supreme People's Court, the Supreme People's Procuratorate.
Article22 This measure shall enter into force as of the January 1,2002.
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