撤销律师执业许可问题研究

Study on the Revocation of Lawyer's Practice License

解决撤销律师执业许可制度存在的现实问题,一方面,应当明确撤销律师执业许可不同于律师执业许可的撤回和律师执业证书的注销,更不同于律师执业的行政处罚,其法律性质是司法行政部门行政行为纠错机制;另一方面,司法行政部门应当结合《行政许可法》第69条区分"因行政相对人违法,应当撤销"和"因行政机关违法,可以撤销"两种情形来适用《律师法》第9条,明确撤销律师执业许可程序的启动主体,依法作出撤销律师执业许可决定。此外,还应在《律师法》中增加限制再次申请律师执业许可的期限规定。

To solve the practical problems of revoking lawyer＇s practice licence, on the one hand, it should be clarified that the revocation of lawyer＇s practice license is different from the withdrawal of lawyer＇s practice license and the cancellation of lawyer＇s practice certificate, and it is more different from administrative punishment of lawyers＇ practice. Its legal nature is the mechanism of judicial administrative department to correct errors. On the other hand, the judicial administrative department shall, in conjunction with Article 69 of the Administrative Licensing Law, distinguish between ＂shall be revoked for administrative counterpart＇s violation of law＂ and ＂can be revoked for administrative organ＇s violation of law＂ to apply to Article 9 of the Lawyers Law, clarifying the initiating subject of revoking the lawyer＇s practice license and making decisions according to law to revoke it. In addition, the time limit for re-applying for a lawyer＇s practice license should be added to the Lawyers Law.