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Study on Basic Problems of the system of government lawyers

Author: RenWeiHong
Tutor: ChengTao
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Government Counsel Public lawyers Rational government Government under the rule of law
CLC: D926.5
Type: Master's thesis
Year: 2006
Downloads: 176
Quote: 1
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Abstract


In recent years, China's judiciary for promoting administration according to law, improve the system of lawyers consider pilot in Shanghai, Nanjing and other government lawyers, some foreign countries have already established a more perfect system of government lawyers. Of the pilot and the foreign system is the basis for the existence of the system and the necessary. This paper mainly discusses the establishment of the basis of the system of government lawyers will be the basis of the establishment of government lawyer system is divided into a theoretical basis and practical basis. Mainly includes three parts: an overview of the government lawyers, the establishment of the theoretical basis of the system of government lawyers, the establishment of the system of government lawyers basis in reality. Final summative and briefly discusses our current established system of government lawyers face its own proposals. Government Counsel refers to the practice of the national legal professional qualifications or solicitor, recruitment hiring procedures, views of the National civil servants are treated in accordance with the law to obtain judicial and administrative authorities issued a government permit lawyers to practice for the government to provide legal advice, legal affairs or engaged in legal aid lawyer . Has the following characteristics: a government lawyer as a public lawyer with the public; government lawyer, a civil servant, a lawyer, has a dual identity; specific target; fees fixity. The theoretical basis for the establishment of government lawyers two points, that is, rational government and the rule of law in government. Rational government requires the self-perception of the government and take the initiative to set yourself a set of value criteria Once this value criteria recognized by society, the government will not be able to go beyond the rules of the game, the original the government rational cognitive into society under the supervision of the passive compliance. For individual citizens, the pursuit of the greatest economic benefit is rational; However, the purpose of government departments, only the pursuit of maximization of the interests of society as a whole, is rational. Rational government important point is that self-awareness and self-denial, to be able to recognize the Government real run for judge of fact and law, conflict of moral judgment, whether the departure from the efficiency and fairness, and the courage of wrongdoing corrected. This requires appropriate incentive and restraint mechanisms to ensure that the government's actions rational. A certain sense, the law is the highest rational, the establishment of the system of government lawyers within the Government is to achieve the highest rational. The so-called \

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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