Studies On Public Lawyer System Construction Of China

The construction of the public lawyer system is still in its early stage in China.For the concept of public lawyers,there is no unified conclusion in the theoretical circle.The more representative definition is that public lawyers refer to those who have the qualifications of the People's Republic of China or legal professional qualifications,and those in government departments or institutions with social public management and service functions.A person who engages in legal services in a social group and obtains a professional lawyer's practice certificate in accordance with the law.The connotation is different from the current full-time lawyers and part-time lawyers.The public lawyers are the staff of state organs or institutions,and only handle legal affairs in the state organs or institutions where they are located,and cannot provide paid services to the outside.In terms of responsibilities,public lawyers mainly review the legality of government actions,participate in government litigation and arbitration practices,participate in government letters and visits,law enforcement and mediation.Public lawyers are an important part of establishing a government legal advisory system,which regulates government behavior and promotes government.The important measures of administration according to law are also the urgent needs of the government to better participate in the market economy.It is of great significance to build a system of public lawyers in China.The construction of the public lawyer system in China has gone through the pilot stage,and has now entered the stage of gradual promotion.It summarizes the typical and representative pilot models of some provinces and cities,including the Yangzhou model of the “public office of lawyers” and the “public law firm”.The Guangzhou model,the Xiamen model of “double management of the unit and the judicial bureau”,has achieved remarkable results in these pilots,improved the government's legal administration level,provided much needed legal assistance to the needy,effectively resolved social conflicts and maintained social stability.There are also some problems in the pilot of the public service lawyer system.The positioning of public lawyers is not clear,and an independent management system has not been formed.The business ability of public lawyers cannot meet the actual requirements.Learning from the experience of the pilot model to make up for its shortcomings has an important role in promoting the construction of the public lawyer system in China.The public service lawyer system in the extra-territorial and Hong Kong areas has been established and developed.Representatives include the US government lawyer system of the Office of the Legal Adviser of the Ministry of Justice,the British government lawyer system integrated with social lawyers,and the relatively independent Singapore government lawyer system.The Hong Kong government lawyer system led by the Department of Justice,based on the experience of the construction of public lawyers in mature countries and regions,sums up its common characteristics and draws lessons from it.In the construction of public lawyers system in China,we should pay attention to the status of public lawyers in the government and ensure the public lawyers.The relative independence of work and the specialization of work focusing on the work of public lawyers.To promote the construction of the public lawyer system in China,the government should clarify the role of public lawyers,provide legal legal basis for public lawyers through laws and regulations,and establish clear job responsibilities for public lawyers.Public lawyers themselves should also abide by professional ethics and practice discipline.It is also necessary to establish an independent public lawyer system,establish a public service lawyer's office through the leadership of the judicial administrative department,establish a professional division system of public lawyers,and formulate incentive and evaluation mechanisms for public lawyers.In the early stage of the development of the public service lawyer system,the professional ability of public lawyers is still insufficient.Under the circumstances,external lawyers can be used to assist public lawyers to improve their business capabilities.Purchasing external lawyer services in accordance with professional fields,giving full play to the practical experience of external lawyers,improving the professional level of public lawyers,and establishing a government work process integrating foreign lawyers with public lawyers.