Article 46 a person who impersonates a lawyer and provides legal services shall be ordered by the public security authorities to cease the illegal practice of law , which shall confiscate his illegal income and may also impose a fine of no more than 5 , 000 yuan and detention of no more than 15 days 没有取得律师执业证书,为牟取经济利益从事诉讼代理或者辩护业务的,由所在地的县级以上地方人民政府司法行政部门责令停止非法执业,没收违法所得,可以并处违法所得一倍以上五倍以下罚款。
As far as the practice of law is concerned , the actual legislation for business registration has many problems , and with the rapid development of our national economy and the on - going reform , more loopholes will be exposed , which requires us firstly to analyze and study these problems in commercial theories and then put forward relevant legislative proposals 二、我国现行商事登记立法存在的问题主要有:就立法形式而言,立法分散、重叠;就立法内容而言,将主体资格与经营资格混同;就程序建构而言,行政审批事项设置过多过滥,登记机关及登记人员责任缺位,事后监督与纠错机制缺失。