Study On Improvement Of The Socialist Of The System Of Government Legal Adviser With Chines Characteristics

To achieve the overall goal of “building a socialist legal system with Chinese characteristics and building a socialist country under the rule of law”,following the Party's18th National Congress' s proposal to “Generally establish a legal advisor system”,The Fourth Plenary Session of the 18 th CPC Central Committee stressed the need to "establish a mechanism for reviewing the legitimacy of major decision-making within the administrative organs,actively promote the system of government legal advisers,and ensure that legal advisors play a positive role of formulate major administrative decisions,and promoting legal administration." The system of government legal advisers is the standard for the rule of law government.The system of government legal advisers based on the theory of the government based on the rule of law,the theory of rational government,and the government's purchase of public services has gone through three stages: initial stage,development stage,and full implementation of the pilot system.It prevents legal risks,strengthens supervision over administrative power,and promotes government Scientific decision-making plays an important role.In the long-term practice,the Chinese government's legal advisor system has shown the characteristics of central leadership,combination of Early and Pilot Implementation and Overall situation Promote,and integration with corporate lawyers and social lawyers.However,there are also fuzzy role positioning and inadequate access and withdrawal mechanisms.Imperfect management mechanisms,unclear power and accountability mechanisms,and imperfect protection mechanisms.Under the background of achieving full coverage of government legal consultants,based on the successful experience of government lawyers systems in countries with no-frills laws in the world,combined with China's national conditions,we will improve in the following four aspects: First,we must clarify the role of government legal consultants.Achieve the transition from the “legal consultants” to the“rulers of the rule of law”.Second,we must improve the management system of government legal advisors,and establish a loyal,efficient,and professional team of government legal advisors through the establishment of management institutions,the establishment of selection mechanisms,and the improvement of day-to-day management mechanisms.Third,we need to clarify the responsibilities and mechanisms of government legal advisors,give the legal counsel the right to participate in decision-making,the right to review the legitimacy of decision-making and other rights,and strengthen the independence and discourse power of the government legal advisor;Fourthly,to improve the legal protection mechanism of the government legal advisors,including the guarantee of business funds,personnel training,welfare benefits,etc.