| 2014 10 month the eighth session of the fourth plenary session held in Beijing,meeting report put forward "build social lawyers, public lawyers, corporate lawyers complementary advantages, the reasonable structure of the contingent of lawyers", the future in our country to build, perfect public lawyer system of this important initiative was formally put on the agenda of the judicial reform.In addition to the introduction and conclusion, the full text is divided into four parts:The first part is an overview of public lawyers. 1 according to the concept and the nature of the public law, public law for reference to other scholars understanding,we can initially give public lawyers a general definition: public lawyer is a lawyer or legal occupation qualification, and have a administrative state of civil servants, and through open recruitment, selection, engaged in legal affairs in the the administrative organ or its authorized organization, safeguard the legitimate rights and interests of the government to promote the government administration according to law the special law workers; 2 compared to social lawyers and corporate lawyers, public lawyers based on its own characteristics, the dual constraints may be by "law" and "civil law", because the scope of public lawyer the duties and the nature of the work is mainly around the administrative organs of the daily activities, must make the scope of work and cross administrative behavior, and will undertake the task of administrative reconsideration and administrative litigation on behalf of the administrative organ.The second part, "Guangzhou model" and the status quo of public lawyers. 1 "Guangzhou model" in the basic set of public lawyers to implement a dual track system ". The so-called " two track system " refers to the establishment of a special public law firm and the development of part-time government departments in two mechanisms of public law. Secondly, in the " Guangzhou mode, public lawyer management system has been further improved, including the establishment of a sound public law firm internal management system and regulate the external operating mechanism; 2. With regard to public law the legal status of the currentevidence for the main is the Department of justice on the pilot work of public lawyers advice"(hereinafter referred to as the "opinions"). And there is no determine the legal status of public service lawyers from the legal. "Opinions" on the scope of duties and rights and obligations of public lawyers are not clear. "Opinions" for the management of public lawyers is quite simple, and there is no uniform provisions on the management model.The third part, the discussion of overseas experience. 1 Federal lawyers in the form of the main form of the Ministry of justice and the government's legal counsel,rather than the emergence of a separate lawyer form; 2 New Zealand has a special government legal advisory body- the state law office. Its qualitative for government within a sector, which consists of many top lawyers, highest responsible person chief judicial officer is the legal advisor to the government, in the legal affairs on behalf of the government; 3. Singapore's government lawyer system in the constitution of Singapore to be clearly defined, the chief prosecutor is Singapore's chief lawyer, is the government's chief legal advisor; 4. The Hong Kong of China government lawyers mainly government employee, also formed exclusive a grading system. The Secretary for justice is the government lawyers in the highest rank. It is not only the heads of the largest in Chinese Hong Kong's legal department, the Hong Kong of China government legal adviser.The fourth part, the specific recommendations to break the plight of public lawyers. 1. To change public lawyers in China's embarrassment, bears the brunt is modified and formulate relevant laws and regulations, to name the public lawyers; 2as soon as possible in the country to establish the management system of unified public law, unified management department to determine, on public lawyers to standardized management, is conducive to resolving the individual pilot areas system implementation level is too low, the system is not perfect, there are conducive to public lawyer system set up and improve the; 3. To improve the public defender of the rights and obligations. To improve the provisions on the protection of public lawyers professional rights, improve public service lawyers involved in the rights of administrative legislation, improve the confidentiality obligations and improvement shall be without prejudice to the obligations of administration according to law; 4.Perfect the pilot work of public law, to expand the scope of the pilot, pilot work in the balanced development of the region, longitudinal deepening the scope of the pilot,pilot work in the city the following localities and departments to strengthen; 5. To promote the formation of the lawyers alliance, "to build a social lawyers, publiclawyers, corporate lawyers complementary advantages, the reasonable structure of the lawyers". |
PDF Full Text Request