A Research On The Governmental Lawyer's System

Follow the socialist market economic development of our country , andthe implementation of the general plan of running a country in accordancewith the law, the great change has taken place to the government role,administering the state according to law becomes primary principle that thegovernment bodies follow. And as the system of lawyer of a component ofsystem of state law , resume rebuilding 20 in the past few years by oneself,step into the fast traffic lane of development day by day. Under such an erabackground, government bodies is it is it get one best combination click toseek with of our country lawyer perfection of system to administer the stateaccording to law, namely the governmental lawyer's system arises at thehistoric moment. The governmental lawyer's system has been already verygeneral in western developed countries , such as Great Britain andAmerican ,etc., and our country had not just included in the schedule ofstudying until the 1990s last century. From the birth of first batch of publicoffice lawyer of Shanghai Pudong New Area of 1995 , have developed fornearly ten years up till now, there is more regional pilot work, but variousinformative, multifarious. Because the theory circle sets up the governmentallawyer's system to study to our country less, cause practice activity to lackthe intellectual support, lack systematic, cause the pilot activities of someplaces to call the government lawyer, its essence does not accord with theessential feature of the government lawyer at all, or has set up governmentlawyer's organization but not given play to government lawyer's due functionat all. I engaged in lawyer personnel of management as one, is itcomparatively deepen the place discussion through this text to thegovernmental lawyer's system once to plan.This page thesis is divided into four chapters altogether: Chapter one,our country sets up the necessity and feasibility of the governmental lawyer'ssystem; Chapter two, the government lawyer's law makes a reservation;Chapter three, the main content of the governmental lawyer's system;Chapter four, the governmental lawyer's system practice and perfection inour country. Four chapters include nine small matters altogether, everychapter content is associative, form an organic whole .In chapter one set up to our country government lawyer necessity andfeasibility of system analyse separately. Have explained especially that thesetting-up of the governmental lawyer's system is the socialist marketeconomic development of our country, inevitable request for establishing theharmonious society, improve government bodies administer the stateaccording to law level and civil servant quality , develop , perfect of ourcountry lawyer one important action very of system too. At present , proposesetting up the governmental lawyer's system and having its realisticfeasibility in our country, on one hand there is experience which can be usedfor reference in foreign country and Hong Kong area the governmentallawyer's system development; Our country has policy environment set up ofthe governmental lawyer's systems on the other hand. General developmentthat the legal adviser of our government worked at the same time and havinga group of talents with lawyer's qualification or legal job qualification in thenational administrative organ Resources, it is possible to offer reality forsetting-up of the governmental lawyer's system too.In chapter two proceed with government lawyer's concept, characteristic,define for the government lawyer in studying the science that the law makes areservation. First of all, I am government lawyer's next definition. Namely:Mean that has lawyer's qualification or legal job qualification, makegovernment lawyer's operation card in accordance with the law, and havecivil servant's qualifications , the professional personnel offering law servicefor government department. Therefore the government lawyer has five piecesof essential attribute , first, the dual nature of the identity, government lawyergovernment office civil servant, licensed lawyer, dual nature of identitydetermine their should accept the management of the government bodies ,and also receive lawyer's trade management. Second, servicing objectunitarity. The service range of the government lawyer is only limited to theadministrative organ , can't have one's own private parties . Third, the methodof service is free. The government lawyer is the on-the-job personnel of thegovernment bodies , the legal service activity engaged inned by it is the postbehavior, the country has already offered corresponding salary and treatment ,so the service of the government lawyer should be free. Fourth, the operationrisk is limited. Compared with civil liability that the social lawyer's operationmay be born, government lawyer's operation risk is relatively little, as to thething that government lawyer bring harm to organ where one stays amongoperation, regulation of management is it punish to the government lawyer tocome according to administrative personnel by where one stays organ. Toharm that operation cause to third party its , should undertake responsibilityby administrative organ that belong to it, do not store in the limitless jointliability in the civil legal relation to its individual. Fifth ,the common right ofbehavior nature of the operation. Government lawyer operation purpose lie inmaintain administrative organ equal to law rights and interests, theparticularity of the status of government bodies has determined that theoperation activity of the government lawyer is serving for the national benefit,so compared with operation behavior of the social lawyer, the operationbehavior of the government lawyer has common right .Secondly, to some article public office lawyer and phenomenon thatgovernment lawyer confuse at present I, is it prove to go on by relation to twoat concerning from kind, government lawyer one component of team, lawyerof public office, only. Confirming the location to government lawyer is aprerequisite of studying this systemFinally, seeing that government lawyer and law aid lawyer are all publicoffice lawyers, there is situation confusing government lawyer and law aidlawyer in practice activity, I have distinguished the two from the inherentattribute and external manifestation formally , it is not scientific to putforward and rely on the method that the law aid institution sets upgovernment lawyer's organization.In chapter three on the basis of defining the government lawyer'sdefinition and characteristic, have put forward the primary condition ,business scope and rights and obligations question of government lawyer'sapplication operation, this is the main content that the governmental lawyer'ssystem is involved too. The article has explained government lawyer's rightsand obligations content especially. It is a source foundation of governmentlawyer's right that the government lawyer can be engaged in the legal serviceactivity in the name of administrative organ, is it happen concrete right toown property of holding , become right , professional evaluation ofprofessional titles right , member of bar association , and carry on identitychange right ,etc. right with social lawyer to derive. Equally, the legitimaterights and interests that the government lawyer safeguards the administrativeorgan are the source foundations of their obligations, is it appear governmentlawyer keep secret , is it manage and supervise , prevent from identity not tochange interests conflict ,etc. obligation when to accept to derive. Operationinterests conflict question that may cause while this part of authors haveprobed into a government lawyer and social lawyer's identity to exchangeemphatically. I pass to " job behavior standard rule , lawyer of American , "about solve government lawyer operation interests conflict problem analysisof clause, in order to illustrate method explain our country should to relevantgovernment lawyer operation interests conflict issue regulation whileestablishing the governmental lawyer's system.In chapter four discuss practice in our country of the governmentallawyer's system and perfection problem mainly. Article choose Xiamen ,Guangdong , Yangzhou , Zhoucun four system pilot mode , governmentlawyer of provinces, cities and autonomous regions , analyze separately. Fourkinds of modes each have its characteristics, the mode government lawyer ofXiamen disperses to every administrative organ, the service is flexible in time;The mode of Guangdong is apt to set up a normal government lawyer's team ;The mode starting point of Yangzhou is high, the government lawyer hasrelatively strong independent character ; Government lawyer's legal qualityof the mode of Zhoucun is high. But three kinds of modes are each faulty,manage the scattering , is unfavorable to the treatment of the comprehensiveaffairs in mode of Xiamen; Need finance , work out the energetical support ofthe department in mode of Guangdong , difficult to operate; The mode cost ofYangzhou is too high , unsuitable to popularize ; Zhoucun mode managementorganization huge, unfavorable to system turn round. On the basis ofanalysing four kinds of modes, I should satisfy four basic demand to foundgovernment lawyer's organization to summarize: First , can really give playto efficiency ; Second , utilize talent resources to the maximum extent; Third ,convenient , swift , economize the cost; Fourth, develop with relevantfunctional departments in harmony. The principle according to this, I putforward a kind of mode of founding , the government lawyer disperses to theadministrative organ, more than three people can establish the organization ,this organization can rely on the already existing legal system department ofadministrative organ to set up . No matter scattered government lawyer'spersonal or organized government lawyer's organization, personneladministrative power exercise by unit, business administrative power isexercise by the judicial administrative organ, concrete to responsible forhuman quality of government lawyer manage by judicial administrativedepartment , lawyer of administrative organ ,, annual check register ,coordinate , trade administrative penalty and unite relevant department go onevaluation of professional titles to the government lawyer. Governmentlawyer should join bar association, bar association responsible for businessexchange , train , safeguard the rights and trade rewards and punishments ,etc.of government lawyer. In certain time, government lawyer and law advisorygroup of government who is already set up can coexist , play acomplementary role. I prove from six respect the mode simple and easy to do ,do benefit to and give play to actual efficiency.In addition to our country set up author government lawyer system...