Research The System Of Public Service Barrister

Since1997, the15th Party Congress put forward the implementation of "rule of law", the people’s government administration according to law is more and more. As China’s economic and social development, the legal issues at all levels of government involved in administrative management is also more and more, so the government needs to "all-round, the whole process of legal services. In view of this, the Ministry of justice in200210issued a "about carrying out the pilot work opinions" public lawyer. More than ten years, our pilot work of the government lawyer system in some areas, and has achieved initial results, but there are still many problems. Therefore, the author intends to conduct a preliminary study of the issue of public lawyer system, to the development of our country’s government lawyer system and improvement.In addition to the introduction and conclusion, is divided into five parts. The contents of each part are as follows:The first part, define the connotation of the government lawyer system. Public lawyer is a lawyer, served on the institution of administrative organs or to perform the service function of social public management, or the government legal aid agencies, approval of the judicial administrative organ and obtained the practicing certificate public lawyers, public personnel specializing in this organ, legal affairs unit. China’s government lawyer office, has dual nature of identity, service free of charge and supervision and management of multiple features. Government lawyer system, is refers to the principle of national laws and regulations, relevant public law nature of the task, the rights and obligations, management system, organization and activities, and in general how to the organs, units to provide legal service specification.The second part, the investigation and Enlightenment of foreign government lawyer system. In the United States of America, Singapore, New Zealand foreign, China, Australia and Hongkong and other countries and regions has formed a comparatively perfect government lawyer system, through the investigation, we can see the foreign government lawyer system of our country has the following enlightenment:one is establishing law system perfect government lawyers to perform their duties according to law; the two is the government lawyers have clear boundaries and other legal occupation; three is the neutral gives the government lawyers independence in order to protect the legal services; four is the establishment of lawyers, judges, prosecutors and other legal occupation community, not orderly exchange between legal occupation; five is government lawyers to accept the supervision and constraint lawyer industry association.The third part, the preliminary practice of China’s government lawyer system and existing problems.1996April Shanghai Pudong New Area26public lawyer debut, has taken the first step in building public lawyer system in china. In2002October, the Ministry of Justice issued a special "on carrying out the pilot work of public opinion of counsel", opened the prelude to the work of the pilot public lawyer system in China, thus gradually formed a government lawyer pilot Zhejiang mode, Guangzhou mode, Xiamen mode, Yangzhou mode and Zhoucun mode. China’s government lawyer system pilot in the great achievements made at the same time, there are also the lack of legal protection, the pilot work of public lawyers "official standard" tendency is obvious, the government lawyer part function and duty of government departments, public lawyers to perform their functions with the lack of independence, leading management pattern has not been formed and the bar association industry management loss of function.The fourth part, the necessity and feasibility of implementing the government lawyer system in china. Necessity of implementing public lawyer system in China mainly embodies the perfect lawyer system in the inevitable requirement, of the government by law construction, improve the internal need less lawyer service level developed areas of urgent need, an important measure to promote the reform of litigation system in our country, and realize the harmonious social reality needs five aspects concrete manifestation; feasibility in the development of lawyers to provide the conditions, the current military lawyer system provides the pilot work of reference, around four aspects and provides reference and provided a practical basis, extraterritorial improve government lawyer system.The fifth part, some ideas of the full implementation about the government lawyer system in china. Based on the summarization of pilot pattern, government lawyer system of China an analysis of the experimental problems and learn from foreign government lawyer system useful experience, some suggestions were put forward, the full implementation of the government lawyer system in China including: one is the law revision and public lawyer management regulations; two is a government lawyer working mechanism in the law government departments; three is a "public lawyer management system three combination"; four is the balanced development of measures to promote western lawyers; five is the establishment of the evaluation of the government lawyers and appraisal system; six is the establishment of the incentive mechanism of the government lawyers.