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System of government lawyers

Author: ZuoHaiJun
Tutor: ZhengChuanKun
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: Government Counsel Administration according to law Conceiving a System Two-step
CLC: D926.5
Type: Master's thesis
Year: 2008
Downloads: 206
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Abstract

With the implementation of the strategy of the rule of law, the establishment of the socialist market economic system, as well as the deepening trend of economic globalization in the WTO context, the legal affairs of the government agencies face more and more and more and more complicated, while the existing government laws service teams due to various factors, increasingly unable to meet the demand of the government administration according to law. The birth of this dilemma, the government lawyer system came into being. From the Shanghai Pudong New Area, the birth of the first batch of government lawyers in 1996, 2006, the Ministry of Justice to the 10 comrades of the China Federation of Trade Unions, authorities issued a public practice certificate, after more than 10 years of development, the government lawyer system has begun to take shape, and has made to be successful, but also exposed many problems to be solved. The practice can not develop without the support of the theory, the perfection of the system of government lawyers also need its argumentation analysis in theory. The academic world is not enough attention on the system of government lawyers, very few of research. In view of this, I do not surmise shallow, simple explored to absorb some of the results of previous studies on the basis of theoretical and practical problems of the system of government lawyers, to benefit research areas of the system of government lawyers. This paper is divided into five parts, the full text of around thirty six thousand words. Article to regulate the power of the government, to promote by law administrative as a starting point, starting from the basic theory of government lawyers, the United States, Singapore, and China Hong Kong government lawyer system for reference, of our government legal service mechanism to run the status quo of government lawyers pilot work in around the practical experience of a comprehensive analysis. In the last article, our current established system of government lawyers faced problems and countermeasures, intended to put forward a comprehensive vision for China to build a system of government lawyers. Overview This section is mainly on the interpretation of the basic theory of government lawyers, including government lawyers connotation defined characteristics and value of government lawyers. I think, clarify the basic concept of the nature and characteristics of the government lawyers, government lawyers logical starting point and basic premise. Therefore, a comprehensive range of views, the author first concept of government lawyers defined. On the basis of a clear concept of government lawyers, the author and a brief analysis of the nature of government lawyers. In order to accurately understand the meaning of government lawyers, the need to be with the related concepts Discrimination, government lawyers and public lawyers, government lawyers and legal advisers, government lawyers and legal aid lawyers. Clearly define the content and nature of government lawyers and Discrimination and related concepts, the author of the basic characteristics of the government lawyers are summarized as follows: 1. Identity of the government lawyers have a dual nature; 2 the government lawyers Service object has specific; 3. The government lawyers noncommercial. Finally, I proceed from the responsibilities of government lawyers, combined with the positioning of the Lawyers Law lawyer shall safeguard the legitimate rights and interests of the parties, and maintenance of proper implementation of laws, safeguard social fairness and justice \implementation, promote the standardization of the exercise of power, the rule of law. Second, the system of government lawyers in the world-wide development of comparative law can be used to understand the national law, this in-depth understanding will facilitate the reform of our legal system \The second part, using comparative analysis of the system of government lawyers in the worldwide development and current situation analysis of the system retrieves the United States, Singapore and China's Hong Kong, the rules and norms of regional governments more comprehensive analysis of the law system and the operating mode in order to learn and learn through the experience of system of extraterritorial Government lawyers advanced exploration mode to establish a system of government lawyers in the country. Third, to establish the basis of the system of government lawyers \requires two parts. Any system, can not be separated from its default theoretical basis. I believe that the basic theory of government lawyers, including two aspects: the rule of law, government theory and the theory of public participation. The key to building a government under the rule of law is to achieve the administration according to law, and administration according to law the most fundamental requirement is to restrict the power of the government. Aimed at establishing a system of government lawyers to provide professional legal services by a lawyer for the government, and thus an objective to promote administrative powers exercised towards a standardized, the road of the rule of law. Citizens the right to participate as a fundamental human right, and active participation in the construction process of the grand narrative of the rule of law, can not be separated from all walks of life. However, the degree of citizen participation in the same degree of national economic and social development are closely associated. Lawyer unique professional advantage and its proximity career advantage, making the run made possible by lawyers on behalf of the majority of the people in power. Reality needs in the construction of Government Counsel, I proposed the establishment of a system of government lawyers is an inevitable demand of the market economic development, and government agencies to respond to the needs of the accession to the WTO. Fourth, the status quo of China's system of government lawyers in this section, I first comprehensive analysis of China's current government the status of the legal services team, on the basis of fully affirmed its role, institutions and personnel that provide services for the Government Legal Affairs Due to various factors, can not meet the needs of the new era government administration according to law. Next, I use the method of empirical analysis, made a brief review of the process of our system of government lawyers pilot practice, focusing on analysis of several models of experimental work in our government lawyers are more representative and comprehensive comparison attempt to provide a reference for theoretical research and institution building for government lawyers in China. Build problems and countermeasures in this section of the law system of our government is the focus and difficulty of the article. I first summarized the problems exposed by our system of government lawyers in the pilot phase. On this basis, the author of our concept to establish a system of government lawyers path. Consider the current plight of the system of government lawyers in our practice, the author proposed the establishment of the system of our government lawyers should adhere to the appropriate development of the grassroots, the principle of coexistence of multiple modes, and that the establishment of the system of our government lawyers should take two steps: 1. Recent design: on the basis of the existing institutions of government legal work, made by government employees, to attract some of the social lawyer to join the government legal workforce; term planning explore appropriate organizational model: the improvement of legislation, and the establishment of the system of government lawyers benign development mechanism, so that the development of the system of government lawyers into the standardization.

System of government lawyers

Abstract

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