On Establishment of China’s Government Lawyer System
|Keywords||Public lawyer System design Lawyers Law Administration according to law|
Implementation of public lawyer system is a common practice internationally. At present, many countries and regions have established the system to become an important part of the lawyer system. In China, with the development of the market economy, the rule of law gradually improve the implementation of the strategy as well as the legal system, the establishment of a system of public lawyer to comply with the law and the trend trends. Especially after the accession to the WTO, the more imperative because of the response to the accession to the WTO to establish a public lawyer system. Public lawyer system in China has been explored in practice for the past 20 years, all over the country also emerged in a variety of typical representative pilot mode, made some practical experience, it also highlights some of the problems. Such as a public lawyer legal unclear positioning system design congenitally deficient management mechanism is not perfect. Therefore, how to construct a science, in line with China's national conditions and effective public law system has become an urgent need of reality. Author because of work, explore the theory of public law system in China, have been more concerned about the practice and development around the pilot practice experience deeper, the reasons were deep thinking. The author, based on their own work, and some of their own ideas on the future of public lawyer system Construction. This paper discusses the concept of public lawyers and their characteristics, and that our public lawyer with the People's Republic of China solicitor or legal professional qualifications, made public practice certificate in accordance with the law, government departments or social and public management, and service functions of the institutions, community groups to provide specialized legal services and the civil service to provide legal aid for specific compliance personnel. The public lawyer has dual identity, cross-cutting feature of the service object-specific and management mode. This paper reviews the historical origins and development of public law system. Demonstrated the need to construct a public lawyer system in China from the government Nomocracy and balance theory perspective, that the system is established to promote the administration according to law, the inevitable requirement of building a government under the rule of law; promote a strong guarantee for the healthy development of the socialist market economy; to participate in the national management of citizens to exercise their right to participate in an effective way; is an urgent need for legal service system in China after WTO Entry; lawyer system to improve the development. This article describes the system model and its characteristics of other countries and regions, public lawyers, summarizes the evaluation of several major mode and its problems. Finally, China's future public lawyer system mode select and construct conceived described that future public lawyer system should adopt a \Qualifications clear public lawyers working principle, to clear the rights and obligations of public lawyers, and refine the public duties of lawyers and business aspects of the system design.