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Measures on Implementing the National Judicial Examination (Trial)

Updated : 2015-05-29

Bulletin of the Supreme People's Court, the Supreme People's Procuratorate, and Justice Ministry

According to the stipulation of the Judges Law and the amendment to the Prosecutors Law of the People's Republic of China, the Measures on Implementing the National Judicial Examination (Trial) formulated by the Justice Ministry in conjunction with the Supreme People's Court and Supreme People's Procuratorate do hereby take effect.

Jan 1, 2002

Supreme People's Court, Supreme People's Procuratorate, Ministry of Justice

Oct 31, 2001

Chapter 1. General Principles

Article 1. This is formulated to establish and standardize the national uniform judicial examination, to ensure the quality of judges, prosecutors, and lawyers in accordance with Judges Law, Prosecutors Law, and Lawyers Law of the People's Republic of China.

Article 2. The national judicial examination is for gaining qualification in a particular legal profession as organized by the State. Anyone appointed as a judge or prosecutor for the first time or wanting to qualify as a lawyer must pass this examination.

Article 3. The national judicial examination must be fair and equitable.

Article 4. There will be a national judicial examination coordinating committee to ensure the importance of the national judicial examination formed by the Justice Ministry in conjunction with the Supreme People's Court and Supreme People's Procuratorate.

Article 5. The national judicial exam will be held in accordance with Justice Ministry rules.

Chapter 2. Examination

Article 1. The national judicial exam will be held annually, with the specific exam time to be announced 3 months before the exam date.

Article 2. The purpose of the exam is to test the legal and professional knowledge that a person must have to engage in the legal profession. The specific contents include both theoretical and applied legal matters, the stipulations of the law and its practice, and legal ethics.

Article 3. The national judicial exam follows a uniform proposition with the scope guided by the Syllabus for National Judicial Examination drawn up by the Justice Ministry.

Article 4. The national judicial exam is a closed-book exam.

Article 5. The national judicial exam is uniform in judgment, with the grades announced by the Ministry of Justice.

Chapter 3. Organization

Article 1. There will be a special institution in the Justice Ministry to handle the specific national judicial exam work, including registering for it, the site, discipline and supervision, the judging, and other related matters formulated by the Justice Ministry.

Article 2. There will be a special institution set up in judicial departments (bureaus) of provinces, autonomous regions, and municipalities to handle the specific examination affairs in the respective administrative areas.

Chapter 4 Conditions of Sign-up

Article 1. To sit the national judicial exam, a person must meet the following conditions:

a. Hold People's Republic of China nationality.

b. Uphold the Constitution of the People's Republic of China concerning elections.

c. Be civil in conduct.

d. Meeting the diploma and area of study requirements stated in the Judges Law, Prosecutors Law, and Lawyers Law.

e. Be well-behaved.

Article 2. Anyone who has committed any of the following is not eligible to take part in national judicial examination:

a. Been subject to criminal indictment for a crime.

b. Dismissed from public employment or have a legal practice certificate revoked.

c. Denied participation in the national judicial exam for a 2-year period or for life in accordance with Article 18.

Chapter 5. Qualification

Article 1. The annual list of people passing the exam and the qualifying mark is to be announced after the Justice Ministry consults with the Supreme People's Court and Supreme People's Procuratorate.

Article 2. Anyone who passes the national judicial examination will be given a Certificate of Legal Profession Qualification by the Ministry of Justice.

Article 3. Any Certificate of Legal Profession Qualifications obtained in any other fashion will be declared invalid by the Ministry of Justice.

Chapter 6. Liability

Article 1. Anyone found cheating or violating the disciplinary principles will be warned and have his or her exam declared invalid, and will not be allowed to participate in a national judicial exam for 2 years or even life depending on the circumstances, as the Justice Ministry sees fit.

Article 2. Examination personnel who are found to be in violation of disciplinary rules will be dismissed in accordance with the circumstances, or if it is serious enough to constitute a crime, be handed over to judicial official to deal with in line with Justice Ministry rules.

Chapter 7. Supplementary provisions

Article 1. An examination paper in another language may be used in ethnic group areas in accordance with what is deemed necessary.

Article 2. Any modification or interpretation must be handled by the Justice Ministry in consultation with the Supreme People's Court and Supreme People's Procuratorate.

Article 3. This measure will take effect as of Jan 1, 2002.

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