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An Empirical Study On The Operation Of China's Government Legal Adviser System

Posted on:2019-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:X L GuoFull Text:PDF
GTID:2416330545954327Subject:legal
Abstract/Summary:PDF Full Text Request
Today when we talk about the theory of the rule of law,in fact,Mr.Liang Qi Chao relate "rule of law" and "rule by man" as early as his"History of Pre-Qin Political Thought." The rule of law that we are refer today is to limit the power of the government and protect the rights of private individuals.The government legal adviser system is actually a very important aspect of the construction of the rule of law.The central role of the government legal advisor is to help the government to better operate its power and provide services,explanations,and professional opinions for the government.Drafting of administrative regulations,local regulations,and government regulations,prevention of risks in administrative,intervene in administrative mediation administrative reconsideration and administrative litigation.The construction of a government under the rule of law means that all government administrative actions must be incorporated into the track of the rule of law.Political operations must be legalized,and government decisions must be rationalized.Government administrative actions conform to both the formal rule of law and the substantial rule of law,and the prestige of the government has been established,so the country can be long-term stability.The government legal adviser system is a good medicine for the government's legality.The existence of a large number of anomie administrative acts has made the government legal advisor system more and more important.Government attach great importance to the construction of the government's legal advisor system,so it is extremely urgent to establish a unified and standardized government legal advisor system.The empirical research methods of this article mainly use the statistical analysis method,through analysis the legal adviser list of Shandong Province,Fujian Province,Zhejiang Province,Jiangsu Province,Hubei Province,Henan Province,Qinghai Province,Sichuan Province,and Guangxi Zhuang Autonomous Region.analysis the number of government legal advisors and count their composition ratios.Comparing the working rules of legal advisers in nearly 20 provinces,looking at the development status of provinces from a comprehensive perspective,drawing the same points and different points in each province,summarizing the relevant conditions and content,hoping to draw a regular from it,and inspired the study of government legal adviser system.After nearly 30 years of development,China's government legal advisor system is in the mid-development and transitional period.It is the bottleneck stage.In a short period of 30 years,the legal advisor system of the Chinese has achieved a breakthrough from scratch,with initial successes and gradual formation.However,the gap between legal advisors in developed countries is obvious.We have not built a structure on the whole,lacking macro control at the national level,and uneven development in all regions.Many articles have been found through research on CNKI,Reading Show,etc,but most of the research focuses on the legal advisor mechanism and few empirical studies.This article attempts to start with the definition of legal adviser,public lawyers,and government legal adviser.It reviews the development history of the Chinese government legal advisors,including the introduction of legal documents and the actual operation of various local institutions,and discovers the problems,including the selection and appointment of legal advisors is not standardized or scientific,the government has deviations in the function orientation of government legal advisors,the management after hiring is not standardized,the government legal advisors' intervention in government affairs is insufficient,and the government lacks of trust to the government legal advisors.There is a conflict of interest between government and government legal advisers.The main problems are the current need for the rule of law of the Chinese government and the development of the government legal advisers system.Then analyze the list of government legal advisors such as Shandong Province and count the number of government legal advisors and their composition ratios.Comparing the work rules of government legal advisers in nearly 20 provinces,the similarities and differences of the basic terms of service are drawn,the reasons for dismissal from each province,the detailed rules for assessment,and the evaluation of the institutional settings in each province and their similarities and differences.At the same time,it analyzes the functional orientation of the government legal advisor system.The government legal advisor should be the service provider of the government's legal affairs,and also have the supervisory component.At present,we consider the government legal advisor as an emergency team and firefighting officer for government affairs.The legal advisor of the government has two sides in terms of functions,and must distinguish between positive and negative functions.It should pay attention to the possible negative side of the government legal advisor and avoid the harm caused by the system.The rights,obligations,and responsibilities of government legal advisers must also be clearly defined in order to facilitate better management.Finally,the article proposed some immature suggestions for improving the system of government legal advisers,including setting up a system of chief legal advisors and exploring the construction of think tanks,implementing hierarchical management,file management,and team-based operations,establishing a reasonable evaluation system,and including the government legal adviser system is included in the government's administrative performance assessment,etc.
Keywords/Search Tags:Legal adviser, Selection, Function, Institution settings
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