Research On The System Of Lawyers’ Participation In Public Legal Service

With the deepening of the concept of governing the country by law in China,people’s demand for legal services is also developing in the direction of diversification and depth.In this context,the commercial mode of social legal services has been difficult to meet the actual needs of the people.The proposal of public legal service is of great significance for satisfying people’s diversified and deep legal services,alleviating the increasingly sharp gap between the rich and the poor in China,and effectively improving and guaranteeing people’s livelihood.In addition,promoting the construction of public legal service system is also of great significance for realizing the goal of modernized national governance system in China.In July 2019,the office issued by the general office of the central committee of the communist party of China and the State Council "about accelerating the opinions of the public law service system construction",has been clear about the public law service system construction in China’s guiding ideology,basic principles,main goal,important measures and safeguard measures,for our country public law service system indicate the future direction of the road.At the end of 2021,the Ministry of Justice issued the National Public Legal Service System Construction Plan(2021-2025),marking the construction of China’s public legal service system has entered a new stage.In China’s public legal service system,lawyers mainly provide public legal services such as rule of law publicity,legal advice,legal aid,and lawyer mediation,playing an important role in popularizing legal knowledge,resolving social conflicts and disputes,and safeguarding citizens’ legitimate rights and interests.This thesis consists of four chapters,through to the lawyers involved in the basic concept of public law service role,identity,legal basis,historical evolution,elaborates the development direction and participation mechanism and research,is intended to point out that at present our country lawyers involved in the problems existing in the public law service system,the improvement of the concrete countermeasures are put forward based on related issues.In the first chapter,this paper expounds and demonstrates the basic concepts such as the concept,characteristics and connotation of public legal service.The author believes that public legal service has both the universality of public service,the non-profit and the professionalism of legal service.It is a professional legal service product provided by the government and the society to meet the basic legal service needs of the public.Social lawyers and civil lawyers have different identities and roles in the process of participating in public legal services.At present,the legal basis of lawyers’ participation in public legal services in China mainly focuses on social Assistance Law,Lawyers Law of the People’s Republic of China and relevant official documents.The content of lawyers’ participation in public legal service mainly includes paid legal service and public legal service.In the second chapter,this paper combs the historical changes and future development direction of lawyers’ participation in public legal service since the founding of the People’s Republic of China.The three platforms of public legal service are the main mechanisms for lawyers to participate in public legal service in China,including legal consultation,legal aid,lawyer mediation and other services.In the third chapter,this paper points out the deficiencies in system design,system implementation and system coordination of lawyers’ participation in public legal services in China.In terms of system design,China has not stipulated the subject scope,service content,rights and obligations of lawyers participating in public legal service through special legislation at present,and lacks more clear and perfect legal provisions and system design in the existing legal norms.Local legislation also has deficiencies and imperfections.In the process of system implementation,unbalanced development of urban and rural public legal service platform,duplication of resources,unbalanced distribution and other problems are also impeding China’s public legal service system to be urgently solved.In the system coordination,there are some problems,such as unclear professional positioning of public lawyers and lack of coordination between lawyers’ participation in public legal service and social legal service.In the fourth chapter,this paper puts forward the countermeasures to improve the system of lawyers’ participation in public legal service in China.In terms of system design,it is urgent to further improve relevant legislation and clarify the boundary between foreign-related legal services and public legal services.In the process of system implementation,the public legal service platform needs to be further improved,and the public legal service rights and interests of special groups need to be protected.In the system coordination,the author believes that civil lawyers can play a bridge role in the communication between government departments and social lawyers in the process of lawyers’ participation in public legal services.There is coupling and difference between lawyers’ participation in public legal service and social legal service.The system integration and coordination between the two need to further improve relevant legal norms,clarify specific standards for government to purchase public services,and change the identity of lawyers when they participate in public legal service.