Study On System Of Legal Advisory Of Government

The Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform(Decision) which is adopted in The Third Plenary Session of the 18 th Central Committee of the Communist Party of China mentioned: “ For building a socialist country according to law, we must insist on impelling the rule of law, governing by law and administrating by law together, and insist on integrally building the country, government and the society under the rule of law.” Legal advisor of government is an important component of political system in a modern country with legal system and civilization. Establishing, perfecting, and effectively running the normative system of the legal advisor of government have important practical significance for further advancing the rule of law, governing by law and administrating by law in China, for administering the country with the thought of government by law, for ensuring the rights and interests of the citizen and society and consistently ensuring the achievement of development, for tangibly achieving enforcement with strict, norm, justice, and civilization, and for achieving the goal of the fundamental completion of government under the rule of law in 2020.Building the government under the rule of law is a significant manifestation of the country under the rule of law. Government representing the majority of people and mass is the core of the country under the rule of law. Administration by law is the activity that national institution at all levels and its staffs manage and administrate all kinds of social affairs according to the constitution and the responsibility and jurisdiction given by law, which is the inevitable requirement and the core content of building the government under the rule of law. Consequently, the government under the rule of law and administration by law are the kernel and key of construction of China under the rule of law. The life and authority of law rested with its implementation. That conducting work strictly goes by laws and regulations, principle of law, spirit of law, and the aim of law is the only approach to building government under the rule of law and administering by law. Along with the legal concept gradually enjoying popular support, the expectation for government from the masses is higher and higher. Whether the branches of government are able to perform their official duties not only closely related to the overwhelming masses’ vital interests, but also concerns the progress of constructing the society and country under the rule of law. Impeccable system of legal advisor of government will contribute to promoting the governments’ administrative level and facilitating the progress of constructing government, society, and country under the rule of law.Based on discussing the historical developing process of the legal advisor of government and the current realistic status in China, this article has a beneficial use of reference in the experiences of constructing the institution about legal advisor of government in Hong Kong of China and foreign countries; this article also conducts a frame study of the institution about legal advisor of government in our country, as well as mainly explores the selecting mechanism, the accountability mechanism and the working mechanism of that in our country. For selecting mechanism, government could purchase the legal service by introducing biding system; for accountability mechanism, laying emphasis on ex-ante prevention of the legal risks is proposed; for working mechanism, introducing the system of “Liability could be exempted when fulfill one’s duty” is put forward. Looking forward to benefiting the construction of legal advisor in China.