Research On System Of Legal Advisor Of Government

In strengthening the rule of law in modern times,the government legal adviser system has become an important part in promoting the law-based administration.The government legal adviser system is required for improving the modernization of the country's governance capacity and governance system;the system is required for ensuring the law-based administration and for building a rule of law government;and the system is required for improving the quality of the administration of the government.However,a complete government legal adviser system has not yet been established in China.Therefore,it is of far-reaching theoretical and practical significance to study this topic.Based on the provisions of the Opinions on Promoting the Legal Adviser System and the Government Lawyer and Corporate Lawyer and System(the "Opinions")issued in 2016,this article has analyzed several existing problems in the government legal adviser system through theoretical analysis,and then put forward corresponding suggestions for improvement.This article is divided into four parts:The first part is the analysis of basic theories of the government legal adviser system.On the basis of defining the broad concept of government legal adviser,the basic theories of the government legal adviser system are explained from two aspects,namely the conceptual and theoretical basis of the government legal adviser system.This part has specially demonstrated that the rule of law government is the basis which the government legal adviser system can rely on,in this way to argue the reasonableness of the system.The second part explains the historical development of the legal adviser system of the Chinese government and the new changes brought to the system by the Opinions issued by the General Office of the Central Committee of the CPC and the General Office of the State Council.The historical development of the government legal adviser system is generally divided into three stages,namely the embryonic stage,the development stage,and the deepening stage.The change occurred to the government legal adviser system in the new era is based on the specific provisions of the Opinions.This part first introduces the government legal adviser system from three aspects,namely the personnel composition,the job responsibilities and the organizational form.Then,this part sumrmarizes the institutional changes reflected in the Opinions,including the changes on functional roles,personnel composition and the extent of functions.The third part is to analyze the problems existing in the current legal adviser system.Although the Opinions contains some new provisions in various aspects of the system,there are still many problems that need to be resolved in the actual implementation,such as the insufficiency of the legal basis,the unclear qualifications for the appointment,the incomplete management system,and the imperfect safeguard system,which are all affecting the work of government legal advisers.The fourth part is to provide suggestions on improving the legal adviser system of the Chinese government.Based on the existing problems in the system,this part is mainly to put forward corresponding improvement suggestions from four aspects,namely strengthening relevant legislation work,specifying a reasonable appointment system,establishing a standardized management system,and implementing the protection of government legal adviser,with the view to make the modest contribution to the improvement of the legal adviser system of the Chinese government.