How to further do a good job of government agencies legal counsel work seminar
In order to sum up the government as a legal adviser, to provide legal services work experience, and further improve the work of legal counsel of government agencies, the afternoon of July 26, 2014, the Institute held a special government counsel work seminar, director Liu Hong hosted the meeting, Liu Hong working room, administrative legal services department and some lawyers attended the seminar.
In 2014, the firm a total of 38 municipalities, district government agencies, institutions as a perennial legal adviser, the first half of the administrative reconsideration, 19 cases of litigation, 107 people received consultation, compared with the same period last year have increased.
The meeting briefly reviewed the previous legal services of the government because of low pay, small volume, not the importance of the objective situation; but the earlier involved in the field of government legal advisers, long-term attention to the legal services of government agencies, the legal counsel Units, many are long-term cooperation, part of the government agencies have been working for up to 10 years or even 15 years.
The meeting agreed that the 18th National Congress of the Communist Party of China clearly put forward the grand goal of "improving the use of the rule of law by the leading cadres and the way of deepening reform, promoting development, resolving contradictions and maintaining stability". With the rule of law, the construction of the rule of law government and service-oriented government gradually, the government's demand for legal services more and more intense, the work of the legal adviser also put forward higher requirements.
At the meeting, director Liu Hong pointed out that lawyers should fully understand the significance of the work of the legal counsel, lawyers as the government's legal adviser, to the government within the scope of legal authority to provide legal support to promote the government's legalization and institutionalization. In short, under the existing national conditions, through the work of lawyers to assist and promote the legitimate operation of government rights.
According to his many years of experience as a government legal adviser, Director Liu Hong has systematically summarized and summarized the work of the government legal adviser. Participating lawyers believe that this is the current and even a period of time at least the lawyers do the work of government agencies legal adviser norms:
First, the government legal counsel business areas
Lawyers as government legal adviser, the specific business content is entrusted by the Government for the following legal affairs:
1. To provide legal advice on major government decisions, or to make legal arguments on decision-making at the request of the government;
2. To make amendments and supplements from the legal aspects of the normative opinions that the Government has drafted or proposed;
3. Acting government to participate in administrative reconsideration, administrative litigation;
4. To assist the Government in the review of major economic projects and important legal documents;
5. To assist the government in carrying out legal publicity and education;
6. To accept the commission, to participate in government procurement activities, for the impartial bidding activities to provide legal protection;
7. Participation in civil disputes, economic disputes, administrative disputes and other disputes involving non-litigation involving the Government;
8. To handle other legal matters entrusted by the government.
Second, the lawyer as a government legal adviser work requirements and precautions
(A) have a high political literacy and the overall situation.
Lawyers who act as government counsel should have a high ideological and political awareness in addition to professional legal literacy and proficient law, and lawyers can not measure their work only on the basis of commercial interests. In dealing with specific affairs, it can not be simply confined to the law, because in many cases it is not only the question of legal application, but the law, policy and social issues are intertwined, so the government legal counsel needs not only rich litigation experience , More need is a strong political awareness, the overall situation, sense of responsibility. To be familiar with the work of government agencies guiding ideology and work priorities, especially at this stage of the important work, consciously consciously to cooperate.
(B) for the legal knowledge to be accurate and comprehensive.
Government agencies seeking lawyers to support a lot of temporary, sudden things, lawyers need to give advice as soon as possible, often encountered in the telephone communication on the need for lawyers to make legal advice, if the lawyer on the law to grasp the inaccurate, Empty talk, you can not let the government organs timely decision-making, lost the meaning of the work of the legal adviser. Over time, not only detrimental to the personal image of lawyers, but also damage the image of the lawyer industry. Therefore, the lawyer to master the legal knowledge to be accurate, from the point to point to master the legal knowledge, first of all government agencies such as "Administrative Procedure Law", "Administrative Reconsideration Law", "Administrative Punishment Law", "Administrative Enforcement Law" And other basic laws and regulations should be proficient; Second, combined with the specific administrative organs served by the administrative organs of the business within the scope of the laws, regulations, regulations, etc., such as the business sector as a legal adviser, also need to master " , "Company Registration Management Regulations", "Food Safety Law", "Consumer Protection Law", "industrial and commercial administration departments to deal with consumer complaints", in order to respond quickly to the legal needs of the government.
At the same time, the work of government agencies involved in all aspects of society, which requires the government legal counsel not only to be familiar with a variety of administrative laws and regulations, but also to criminal, civil and other legal knowledge should be fully familiar with the knowledge to be wide.
(C) lawyers to take the initiative to provide legal services, not only when the "firefighters".
In practice, some government legal advisers are only involved in the economic and administrative disputes have occurred in the post-processing work, the government legal counsel has become a legal professional "firefighters". In the initial stages of many major legal matters, government agencies lacked the initiative to invite lawyers to intervene, and the lawyers themselves did not take the initiative to intervene and did not play a preventive role in the legal review, checks, and arguments that led to something that would not have happened Major legal disputes.
Therefore, lawyers should play their own subjective initiative, and actively provide legal services for government agencies, such as regular meetings with government agencies to understand the situation, to accept the consultation, according to past experience, often for a long time government agencies are not active lawyers Consultation, but when meeting will ask a lot of questions, ask the lawyer to answer. For the new situation found in the course of practice, involving the administrative organs, should also be timely and active reporting. When the Tort Liability Act of 2009 is promulgated, the responsibility for the infringement of the school is inconsistent with the previous legal provisions and the judicial interpretation, so that the responsibility of the campus in certain circumstances has undergone significant changes. As the legal adviser of the Municipal Education Bureau , The lawyer immediately took the initiative to write a legal opinion, reported to the City Board of Education this situation, and offered to the school principals and teachers for legal training, the proposal was highly recognized by the Education Bureau, and immediately organized the relevant arrangements Legal training, so far arranged a total of 42 lectures, and achieved good social results.
(D) team work, pay attention to play the overall strength of the team of lawyers.
The work of the government's legal counsel involves a wide variety of forms and the needs of the government are often very anxious. While lawyers are working as government counselors, they are also engaged in other practicing activities. Therefore, only one lawyer, time, energy and knowledge It is difficult to guarantee the timeliness and accuracy of the service. Therefore, the proposed group of lawyers to provide legal services for government agencies, in specific matters, we should pay attention to play the overall strength of the team of lawyers, for specific difficult problems, to work together to use the collective wisdom.
(5) abide by the practice of discipline and professional ethics, to establish a lawyer's unique charisma.
Lawyers in the government as a legal adviser, but also pay attention to abide by the relevant practice discipline and professional ethics, to establish a government agency in the advisory lawyer's unique charisma. In the daily work, can not show off the show, because the working relationship with some ordinary people can not understand the insider or information, to strictly keep the secret. To resolutely safeguard the image and interests of the government, can not use the work to seek improper benefits, when someone asked to do some related legal affairs and the benefits, should be noted and vigilant, otherwise it will undermine the image of consultants.
Liu Hong, director pointed out that on June 24, the Nanjing municipal government issued the "Nanjing Municipal People's Government on the general establishment of the legal adviser system", lawyers for the government to provide legal services will become the norm, the government procurement lawyers legal services to lawyers industry to participate in politics , At the same time for the government according to the law, scientific decision-making to provide recommendations to promote the construction of socialist rule of law is of great significance. Our lawyers should improve their own business ability, enhance their overall quality, relying on the country's outstanding law firm's platform for government agencies to provide more efficient, high-quality legal services.