The Study On The Perfective Of The Chinese Government Lawyer System Under The Chinese Government By Law Field Of Vision

The improvement of the government lawyers system and the construction of China's rule of law is the internal need of the government and the further promotion of the administration, according to the current choice in reality. Building the governance by law requires the government lawyers to be involved in all aspects of government, improve the overall level of government according to law and social credibility. Since 2002, our system started to carry out the experimental work of government lawyers. Because the system design is not properly resolved with the existing administrative structures and the civil service management and the counsel management system do not convergence, the legal status of government lawyers is always ambiguous. So that poor implementation of the pilot work even leads to the question if the abolition of government lawyers is necessary. In view of this, to study the improvement of relevant systems in order to effectively play the role of government lawyers has a theoretical and practical significance in revitalizing the government lawyer system.This paper is divided into three parts to study the improvement of our system of government lawyers. First, the origin of the government lawyers system, the history and current situation of China's system of government lawyers are introduced. We focus on establishing the need for government lawyers with a careful analysis to refute the negation and suspicion of the need of such systems. Secondly, we offer the detailed analysis of our system of government lawyers for the main problems and causes, including:the system of government lawyers still do not get recognized by the "Lawyers Law"; the duties and responsibilities consistent with the government legal agencies; the dual role of being both lawyers and civil servants, the implementation of the Bar Association tripartite management model that incorporates the unit, judicial and administrative organs. There is no effective integration with the civil service management system and the government lawyer identity can not be realized and guarantee the independence of practice. Finally, we raise the problems and suggestions for improving our system of government lawyers in the legislation of the government lawyers under the premise of a clear working qualifications for government lawyers, the reasonable definition of the responsibilities, to enhance the treatment and to optimize the management.This paper emphasizes that, to improve our system of government lawyers, we must take full account of the interface with the government legal agencies and properly handle the relationship between the two. In terms of the conditions of employment of the government lawyers, we can use the directional government legal agency staff system in defining their responsibilities. The professional government legal agencies should consider the progress of construction of the system. Their duties should provide an institutional guarantee. The improvement on the treatment of government lawyers should be based on the establishment of a rational system of remuneration and priority promotion mechanism, of improving the system and maintaining an appropriate ability of liquidity, while providing more job training opportunities; in terms of management, it should be built upon a reasonable and efficient management system for the government lawyers and the development of a special code of conduct.