Research On The Legal Adviser System Of The Basic-level Government In China

We must deepen promote administration by law and speed up building a law-abiding government to reach the goal of basically establish a law-based government under the rule of law in 2020.Governments at all levels and all government employees must meet every requirements of their duties,must stick to their statutory duties and must not do anything unless it is mandated by the law.We must never allow any organization or any individual to have the privilege of transcending the law.Facing more and more complex legal affairs,administration and decisions of Basic-level governments must have laws to go by.Putting laws into enforcing and building authority is to help basic-level governments fulfill the goal of “There must be laws to go by,the laws must be observed and strictly enforced”.The normalization of he legal adviser system of basic-level governments is significant to promote administration by law,to establish a law-based society,and to enforce the law in a civilized manner with legal thinking.Furthermore,it is important to establish a law-based country,government,and society in an all-round way.Governmental legal adviser system of basic-level governments have existed for years and its importance is reflecting from propelling the establishment of a law-based government,but development of it is irregular.Legal advisers of basic-level government handle with various legal affairs,such as Participating in government decision-making,providing legal advice,dealing with various disputes,representing the government to participate in various litigation,issuing legal documents,conducting legal publicity,and providing legal information.There have been no specific laws regulating and guiding our country's governmental legal adviser system of basic-level governments yet at the present stage,which leads to ambiguous definition about its legal status,qualification management and any other problems.In addition,at the beginning of establishment of the governmental legal adviser system,we did not properly take account of connection with current government legal organization system,judicial organs and any other organizations,it is mainly reflected problem of laying too much stress on “points” and taking count of “sides” insufficiently,problem of more remedial works after the event than preventive works before the event,and problem of incomplete adviser system,which all bring about that legal and social risks have not been detected and effectively preventedwithout delay.Starting with summarizing governmental legal adviser system,I will then discuss theoretical basis and legal basis of governmental legal adviser system specifically in this dissertation to manifest functions and value of governmental legal adviser system.Not only do I search out loophole of our country's legal adviser system of basic-level governments through analyzing present work content of that and its supporting mechanism,but also I will discuss how to improve work efficiency of legal adviser system of basic-level governments through dissecting work system of it,how to accelerate relevant legislative works about governmental legal adviser system for offering legal basis to it,how to plan and design governmental legal adviser system for stimulating development of it,how to build learning system of governmental legal adviser system for improving their professional quality of legal advisers.All of the above works and efforts would play an indispensable role and possess practical significance for upgrading legal advisers' status of basic-level governments and accelerating law-based government establishment.