| The Public lawyers belong to a new type of profession in China.The system was piloted in 1993.After more than 20 years of development,there were more than 18,000 public lawyers in the country from the first batch of 28 public lawyers in Pudong New Area in Shanghai in 1995 to the end of 2017.However,from the trial to the universal implementation,China's public lawyer system has always had one obstacle,namely,the lack of effective legislative support,which has made the status of public lawyer very awkward.In Article 11 of the Lawyers Law of the People's Republic of China,there is a clear and explicit requirement that civil servants should not concurrently serve as practicing lawyers and directly refute the legitimacy of public lawyers.In addition,problems such as operating mechanism,management model and management means have been restricting the development of public lawyers.As an integral part of the legal profession,the public lawyer is also a public official in the system and has a positive role in the construction of the rule of law,the operation of the market economy,and the construction of a harmonious society.By recruiting public lawyers,participating in government decision-making and argumentation,providing legal opinions for the government is conducive to giving full play to the legal professional functions of legal professional groups of state organs at all levels,promoting administrative agencies to administer according to law,and preventing legal risks.This is an important means to achieve administrative rule of law.This article analyzes the advantages and disadvantages of each pilot model in China,draws on the experience of the overseas government lawyer system,analyzes the problems existing in China's public lawyer system,and puts forward suggestions from the aspects of legislation,responsibility definition,management mechanism,and incentive mechanism.We hope to give full play to the role of its staff assistant and help build a law-based administration and law-based government. |
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