动态与观点
Abstract
On August 28, 2026, the 24th Session of the Standing Committee of the 14th National People's Congress of the People's Republic of China decided to amend the Law of the People's Republic of China on Lawyers.
In China, the officially recognized legal profession comprises four categories: judges, prosecutors, lawyers, and notaries. China’s legal profession adopts a Fused Profession model similar to that of the United States. In China, the term lawyer does not encompass the entire legal profession but refers specifically to an attorney at law within the U.S. legal system; this article uses the term in that same sense; consequently, this amendment directly impacts one of the China 's primary legal professional groups.
The following are the changes introduced by this amendment that hold significant implications for judicial practice:
Leveraging the role of lawyers in building a socialist rule-of-law system
The Law on Lawyers has revised the phrasing from leveraging the role of lawyers in building a socialist legal system to leveraging the role of lawyers in building a socialist rule-of-law system. Lawyers are positioned as a vital force in the construction of China's rule of law, rather than merely playing a role in a judicial script.
Upholding the leadership of the Communist Party of China in legal practice
Upholding the leadership of the Communist Party of China (CPC) and the nation's socialist rule of law is a prerequisite for practicing law; theoretically, failure to uphold CPC leadership could result in the revocation of a lawyer's practicing license.
Law firms are required to establish CPC organizations, conduct Party activities, and strengthen Party building in accordance with the Constitution of the Communist Party of China and relevant internal Party regulations. These organizations are to exercise political leadership, while lawyer-members of the Party are expected to serve as vanguard models. Law firms must provide the necessary conditions for the activities of these Party organizations. Safeguarding Lawyers' Professional Rights in Accordance with the Law
People's courts, people's procuratorates, public security organs, state security organs, judicial administrative departments, and relevant entities must establish and improve systems to safeguard lawyers' professional rights and ensure these rights are protected by law within the scope of their respective duties. The term relevant entities raises the question of whether it encompasses all units legally endowed with criminal investigation functions—such as the National Supervisory Commission, prisons, and military security departments; this requires further legal interpretation.
Developing the Foreign-Related Legal Service Sector
This is currently the most urgent task for China's legal profession, as well as the most challenging one it has long faced. This is because Chinese is the native language of Chinese lawyers, and the Chinese legal system belongs to the civil law tradition, which differs significantly from common law; these factors make cross-border legal exchanges relatively difficult.
Full Coverage of Criminal Defense
The state is advancing full coverage of legal defense in criminal cases, with specific measures to be stipulated by the judicial administrative department of the State Council in conjunction with relevant entities. The precise scope and depth of this "full coverage" remain to be implemented in detail; however, it signifies that legal defense will become more deeply integrated into criminal litigation procedures.
Regarding the Guangdong-Hong Kong-Macao Greater Bay Area
Lawyers practicing in Hong Kong or Macao who pass the Guangdong-Hong Kong-Macao Greater Bay Area legal practice examination and obtain mainland practice qualifications are permitted to engage in legal services within a specified scope across nine cities in Guangdong Province. This should be viewed as a transitional arrangement. China Mainland constitutes a single, unified judicial jurisdiction; obtaining mainland practice qualifications ought to confer the right to practice in any administrative region within the mainland, free from geographical restrictions—especially given that geographical limitations are easily circumvented or exploited for arbitrage.
Conclusion
The foregoing reflects the author's literal interpretation of the reforms. The true nature of China's legal practice system will only become fully apparent once these reforms have been comprehensively implemented.
This article is provided for reference only and is not intended as formal legal advice.
律师介绍
Zunyi WANG
Beijing Hengdu (Shanghai) Law Firm
Zunyi WANG is an Attorney at Law at Beijing Hengdu (Shanghai) Law Firm and holds a Bachelor of Laws from Peking University. He holds the Legal Professional Qualification Certificate, Professional Qualifications for Banking Professionals (intermediate level), Qualifications for Securities Industry Practitioners, Qualifications for Futures Practitioners, and Qualification for Fund Practitioners. He has previously served at a primary people's court and as the head of legal and compliance affairs for a financial leasing company. He is a Committee Member of the Non-Bank Finance Committee of the Shanghai Bar Association (SHBA) and an Individual Member of the International Bar Association (IBA). Additionally, he serves as an Arbitrator of the Zibo Arbitration Commission, a Mediator of the People's Mediation Committee of the Shanghai Financial Leasing Association (SLA) and the Shanghai Pudong New Area Shangtong Commercial Mediation Center of the Shanghai Commercial Factoring Association (SCFA).
