律师见证业务工作细则
Implementing Rules for Business of Lawyer as Witness (these “Rules”)
（中华全国律师协会2007年制订）
Issued by the All China Lawyers Association (the “ACLA”) in 2007
第一章总则
Chapter I General Provisions
第一条为了加强律师见证业务工作的规范化管理，根据《中华人民共和国律师法》的规定，结合见证工作实务，特制定本细则。
Article 1 These Rules are formulated in order to strengthen and streamline the management of business of lawyer as witness in accordance with the Law of the People’s Republic of China on Lawyers and in light of the actual conditions of the witness business.
第二条律师见证是指律师应客户的申请，根据见证律师本人亲身所见，以律师事务所的名义依法对具体的法律事实或法律行为的真实性、合法性进行证明的一种活动。
Article 2 Lawyer as witness (the “Lawyer as Witness”) refers to the activity of the said lawyer, on behalf of the law firm, proving the authenticity and legality of any specific legal fact or act based on what the said lawyer personally saw in accordance with the application of the client.
第三条律师见证的时间应当是被见证的法律行为发生之时。
Article 3 The timing of the Lawyer as Witness is when the legal act subject to witness is happened.
第四条律师见证的空间应当是律师本人在见证时视眼所能见到的范围。
Article 4 The space of the Lawyer as Witness is the range of the place where the eyes of the said lawyer can actually see.
第五条从事见证工作的律师必须具备律师资格，并持有律师执业证。
Article 5 The lawyer engaging in witness business must be qualified to practice law and has the lawyer's practice license.
第二章见证业务应遵循的基本原则
Chapter II Fundamental Principles of the Witness Business
第六条自愿原则，即根据客户的申请就客户申请的事项进行见证。
Article 6 The principle of free will, i.e., a lawyer can only witness what the client has applied him/her to witness.
第七条直接原则，即仅能就律师本人视眼所见范围内发生的具体法律事实进行证明。
Article 7 The principle of naked eye, i.e., a lawyer can only witness what he/she can actually see in the space of the Lawyer as Witness.
第八条公平原则，即真实的反映客户的意思表示，客观的确认正在发生的法律行为。
Article 8 The principle of fairness, i.e., a lawyer should correctly reflect the client’s manifestation of intent and objectively witness the legal act occurring
第九条回避原则，即律师不得办理与本人、配偶或本人、配偶的近亲属有利害关系的见证业务。
Article 9 The principle of disqualification, i.e., a lawyer should not conduct the witness business which himself/herself or his/her spouse, or which the near relatives of himself/herself or his/her spouse apply for.
第十条坚持以事实为根据，以法律为准绳的原则。
Article 10 The lawyer engaging in witness business must act in accordance with the fact and comply with the law.
第十一条律师对客户申请办理见证的事务，应当保守秘密。
Article 11 The lawyer engaging in witness business must keep confidential the affairs subject to Lawyer as Witness applied by the client.
第三章见证业务的范围
Chapter III The Scope of Lawyer as Witness
第十二条律师可以承办下列见证业务：Article 12 The scope of Lawyer as Witness includes the following: （一）各类经济合同的签订与履行行为；(a) The execution and performance of any civil contracts;
（二）企业章程、董事会决议、转股协议等法律文书；(b) Legal documents such as articles of association, board resolution, equity purchase agreement, and the like;
（三）继承、赠与、转让、侵害等民事行为；Legal act such as inheritance, gift, assignment, infringement, and the like; and
（四）各种委托代理关系；Various principal-agent relationships.
第十三条凡是法律法规行政规章规定不应由律师见证的不得见证。
Article 13 A lawyer shall not witness what the laws and regulations prohibit that lawyer to witness.
第四章见证的工作程序
Chapter IV The Procedure of Lawyer as Witness
第十四条律师与申请见证的当事人谈话，应当制作笔录。
