Research On The Government Legal Counsel System In Mainland China

Since the reform and opening-up policy,the process of democracy and ruling-by-law has made great progress over the past decades.Moreover,citizens' awareness of democracy,civic rights and ruling-by-law has increased unprecedentedly,which requires a much higher level upon the government in terms of administration by law.Therefore,building a government ruled by law is very urgent.As a “booster” of the ruling-by-law government,the government legal counsel system could not only meet government's realistic requirements,but also promote the national management system and the modernization of management ability.However,legal counsel system is not a new term in China.The earliest practice of employing a legal counsel by the local government is in the 1980 s.From a global perspective,both common law and civil law have drawn support from the government legal system to promote the development of ruling-by-law.But the implementation of the legal counsel system is not ideal.There are many problems that do not meet the goal of promoting ruling-by-law,for example,more emphasis is put after the event than before the event and random selection,which can be said as the form is greater than the real meaning.Such a phenomenon mainly results from the absence of a rigid system and a weak awareness of ruling-by-law.China is at a critical period of comprehensively deepening reform,during which it is urgent to clarify the basic principles of government legal counsel system,improve the related subjects' rights,obligations and responsibilities.This has become a real issue for the country to solve.This paper dedicates to studying the government's legal counsel system from the angle of constitutional,administrative jurisprudence,philosophy,political science,economics and so on.On the basis of normative analysis and comparative study,this paper clarifies the concept of the government legal counsel,discusses the theoretical basis,function and value of the government legal counsel system.In addition,this paper analyzes the current problems existing in the government legal counsel system,reviews and reconstructs the system.The system of lifelong responsibility shall be pursued for major policy decisions and be connected with institutional reform.Moreover,this paper also puts forward a series of suggestions about legislation,supporting mechanism,designing system of the basic-level government,government level,the government legal counsel system,the construction of responsibility system and so on.This paper also discusses the relationship between legal counsel system and the government agencies as well as how to choose between the principal and the law.With all the analysis,discussions and proposals mentioned above,this paper will provide necessary theoretical support for the government's legal counselsystem and has important academic value and practical significance.