| Many countries in the world have established a relatively complete system of government legal counsel.In countries and regions with developed rule of law,legal affairs involving the government are generally handled by government lawyers appointed or entrusted by the government,and government lawyers play an important role in government decision-making and other legal affairs.China’s government legal counsel system has a history of more than 30 years,and has been confirmed by relevant legislation.At present,the legal system is highly valued by the party central committee,and has been actively implemented throughout the country.It is necessary and legal to hire a lawyer as a government legal counsel.First of all,it is the need of administration according to law and construction of a government under the rule of law,which ensures the improvement of the scientific degree of government decision-making and helps popularize the concept of the rule of law and build a rule of law work team.Secondly,since the restoration of China’s legal system construction in the new era,the party central committee and local governments have successively formulated and promulgated laws,regulations and policy documents concerning lawyers’work as legal counsels,providing a direct legal basis for the system.Finally,due to their own advantages,lawyers can better serve as the legal counsel of the government and flexibly deal with the difficulties in practice,so as to give full play to the due functions of the legal counsel of the government.The system of organization by which lawyers act as government counsel is a set of normative arrangements relating to a code of conduct for lawyers acting as government counsel,which must be observed by all lawyers acting in that capacity.People’s governments at all levels shall set up special legal advisory bodies to be responsible for the daily management of legal counsels.Compared with legal institution personnel and experts,the organizational relationship of lawyers is more complicated.First,he is not a member of the government system,so it should be rid of the administrative management,to maintain its independence;Secondly,lawyers must go through their law firms to do all kinds of business.Therefore,the relationship between lawyers and the government and their law firms should be clarified.To clarify the name and responsibility of lawyers in handling the work assigned by the government,and to improve the contract system for lawyers to serve as government legal counsels.The personnel management system in which a lawyer as a legal counsel to the government is a normative arrangement of specific management measures such as personnel admission,admission,assessment,reward and punishment.and so on.Different regions have different regulations on the specific hiring methods,conditions and other relevant details.In practice,the recruitment process of lawyers who serve as legal counsels in local governments is mostly recommended by their legal institutions or judicial administrative departments and then reported to the local government for approval,with less introduction of competition mechanism.Therefore,the recruitment conditions should be clarified,the recruitment procedures should be unified,and the dismissal provisions should be specified.At the same time,the relevant regulations on rewards and punishments for evaluation formulated by local governments are strict in some regions and lax in others.Therefore,it is necessary to clarify the evaluation principles and evaluation subjects,unify the evaluation methods and standards,further refine specific reward and punishment measures,and increase the intensity of punishment.The working system in which a lawyer as a legal counsel to the government is a set of normative arrangement that helps to perfect its working process.At present,although local governments have many specific regulations on the work content of their government legal counsels,the scope of legal services actually purchased by local governments in practice is relatively narrow,mainly focusing on traditional legal services,mostly relief work after the incident.Therefore,we should expand the scope of legal services purchased by the government,establish a dual management model,innovate the way lawyers work as legal counsels to the government,and change the traditional participation model.A three-dimensional service system should be formed,with pre-incident guidance and Suggestions in the process as the main and post-incident relief as the auxiliary,to further clarify its specific work content and unify its specific work procedures.The supporting security system in which lawyers serve as legal counsels to the government includes rights protection and material protection.On the one hand,the regulations of local governments on the protection of rights are vague and unworkable,which should be further clarified and the relevant right relief and protection system should be improved.On the other hand,at present,the legal services provided by the legal counsel of our government are generally low-priced,and some of them are even free of charge.The legal counsel fees obtained by the lawyer are far lower than the agency fees when the lawyer deals with personal business,which weakens his working enthusiasm to some extent.Therefore,it is necessary to increase the intensity of government purchase,combine government purchase with financial subsidy to pay lawyers’ remuneration,and unify their salary standards. |
