The Research On Government Lawyer System

With the implementation of the strategy of rule of law, the socialist market economic system's establishment and the socialist laws system's perfection proposed to the government administration according to law a higher request, the governmental agency faced with more and more complex legal affairs, it needs to establish this kind of special government attorney troop to provide the legal service, the safeguard government legally decision-making, raises the government management level.. In the country under the rule of law government way, the government is shouldering the great importance the role, establishes the government barrister system, is advantageous in displays attorney to formulate expert's function and each kind of legal service function as the rule, fundamentally raises the government administration according to law's level. The establishment government barrister system also adapts the government function transformation, raises the government level of decision and the policy decision science important way, is the important content of the Chinese characteristic socialism barrister system consummation. Looking from the worldwide scale, government attorney is the barrister system essential constituent, our country establishes the barrister system is also complies with the world barrister system development the tidal current and the rule, manifests our country barrister system's internationalization trend of development.Government attorney refers to disciple attorney who has the national law professional qualifications or attorney the qualifications, simultaneously has the official qualifications, in Administrative organ's scope of authority, provides the legal service for the government, take safeguards the government administration according to law, the maintenance government legitimate rights and interests, the promotion government by law construction as function disciple attorney. Government attorney has the status ambiguity, the target client interior, service free and dual managements by supervision characteristics and so on. According to the concept and the characteristic of government attorney, we thought that the establishment government barrister system's value is mainly an aspect maintains Governmental agency's legal advantage; On the other hand maintenance law correct implementation, safeguard authority legitimate movement.The establishment government barrister system's foundation is mainly theoretical foundation and the realistic foundation. Any system's establishment cannot leave his theoretical foundation. The author believes the government attorney's theoretical foundation includes the rational government theory and the government by law government theory. The rational government's characteristic is the scientific nature, highly effective and the law is supreme, government attorney may reliable safeguard government's highly effective and legal supreme, the government barrister system's establishment can be the performance of idea that the government sets up the government by law, proved that the administration according to law idea already started to transform into the concrete system, then safeguard government by law government's realization. To establish a government lawyer system is also an inevitable requirement of a socialist market economy, democratic and legal construction, building a harmonious society.Government barrister system's primary coverage covers the right conditions for the practice of government lawyers, government lawyers, duties, government lawyers and government lawyers and the organizational set up of the management. The author elaborated the government barrister system's content in detail from four aspects, to understand government barrister system exhaustively, makes it clear about this community work condition and the background of government attorney, for establishment unified government barrister system establishment foundation.Although establishment government attorney has its theoretical foundation as well as the content system, but also inquired into that our country present several kind of government attorneys the pattern, the analysis comparison merit and the insufficiency, take existence the question seriously in our country to establish the government barrister system, it mainly includes:government barrister system and our country barrister system contradictory, with government legal system department contradictory, with country administration system contradiction and so on. The author analyzes the contradictory existence the reason, proposed that establishes our country Government barrister system's basic conception. Including:Consummates our country barrister system, the perfect related laws and regulations, cause the government barrister system standardization; Division government attorney and the government legal system department's respective responsibility, Making it clear about the way choice; Explores highly effective government attorney the management pattern; Strengthens government attorney the quality, formulation government attorney the professional behavior standards.