An Inquiry Into The Establishment Of The System Of Government Legal Adviser In China

Under the environment of economic globalization,especially the continuous development of social market economy after China's accession to the WTO,the issue of national rule of law has become increasingly prominent;and the government is facing more and more complex legal affairs.Not only the legal concept and legal consciousness of citizens and legal persons have been strengthened,but also the government needs to concentrate more time and energy on administrative disputes and legal affairs.More importantly.it's restricting the continuous improvement of the government legal adviser system that governments at all levels minimize the blindness and arbitrariness of administrative policies at the utmost extent to make scientific decisions,the decision according to the law,and democratic decision-making and so on.In 2013,"The universal establishment of government legal adviser system" was put forward.In 2014 the Fourth Plenary Session,the topic was further emphasized--to establish administrative office review mechanism about the legitimacy of major internal decision-making and actively promoting the government legal system,and to guarantee legal advisers play a positive role in the formulation of major administrative decisions and promoting administration according to law.The decision of the two meeting provides a strong support and basis for our government to improve the legal counsel system.With the developing of the strategic layout of "Four Comprehensives " and "Ruling the country by law" the basic principle being put forward,it increasingly shows necessity and importance in the integration of law and administration according to law that government requires the standardization and normalization of legal adviser system.Government legal advisor system in our country has born for more than thirty years.Although certain achievements have been made and certain experience has been accumulated,many problems still have been exposed.For example,operation mechanism is not sound and participation and independence are not strong.The quantity of researches about aspects is little.What's more,the most of literatures are concentrated in the government lawyers and public lawyers,and don't really analyze the government legal adviser system deeply.Since 2013,the study of the system truly are concerned.There are many articles.The research direction of those articles,however,is still simplex.The emphasis is focused on several common aspects:the idea and advice of the government legal adviser system,the government legal adviser's work content;the interpretation of the provincial work detailed rules which have been issued;the probe into the foreign government counsel system etc.There are few papers that systematically as a whole study on this question.The government legal adviser system regards the legal adviser as regulators and supervisors;it can effectively improves the level of government administrative decision-making.The government legal adviser not only can provide professional legal advice,reduce decision risk and cost,improve the quality of decision-making,but also set the will of the people and let the executive government to do everything according to law.In order to further improve this system's level,achieve the standardization and normalization of the legal adviser's work,the government should specify it's nature and status.This paper takes Shandong,Jilin,Shanghai,Beijing and other provinces of the government legal adviser working rules for the study,introduces the necessity of the definition and implementation of the government legal adviser system,interprets the theoretical basis of the government legal adviser system.And this paper combines with the development of western countries to elaborate the exploration and evolution of the government legal adviser system of our country.This paper uses the case analysis method,carefully analyzes the domestic government legal adviser system type and the present situation.It puts forward some rationalization proposals to solve these problems.As this system isn't implement a long time,many hidden problems and drawbacks have not fully exposed.But every new system will become perfect by researching theory.The purpose of this paper is to improve the government legal adviser system of our country,and to help our government legal adviser system to promote.Attracting more outstanding legal talents into the government building,speeding up the pace of legal construction in China.