On Establishment Of China's Government Lawyer System

It is an international practice for China to implement the government lawyer system, which has been established in many countries and regions worldwide and become an important part of their legal system. With the development of China's market economy and the enforcement of the rule-by-law basic strategy as well as the gradual perfection of the legal system, the construction of government lawyer system is the best policy that conforms to the historic trends and the social development law and. Also, it is imperative especially after China's entry into the WTO.China has been feeling its way for nearly 20 years in its government lawyer system, In practice, there emerge various typical and representative pilot modes nationwide. China has gained some practical experience, together with such problems as government lawyers lack of clear legal status, the disunity of system design and faultiness management mechanism and etc. Therefore, it is actually in urgent demand to construct a set of scientific and effective government lawyer system in accord with China's national conditions.For some working reason, the author of this paper has kept a more watchful on the theoretical exploration, the practice and the development of China's government lawyer system, with a profound experience of all the existing problems in pilot practice, as well as a deep probe into the cause. And the writer puts forward some viewpoint of his own for the construction of our country's government lawyer system of the future.This paper discusses the concept and the characteristics of the government lawyers, holding the view that China's government lawyer should have a lawyer qualification or a legal profession qualification by the People's Republic of China, who shall obtain a government lawyer's practice certificate by law, and who are civil servants to provide special legal services to the government departments or social organizations and public institution with the service function of social public management, and offer the legal aid for the specific clients. Government lawyers are characterized by their dual identity, specific service clients, and interactional management modes.This paper reviews the historical origins of the government lawyer system and its development in China. It demonstrates the necessity of the construction of China's government lawyer system from the point of view of the Theory of Government Under the Rule of Law and the Balance Theory-which is designed to promote the law-based administration. It reckons that the establishment of the government system shall meet the inevitable requirement of building the rule-of-law government, and guarantee the promotion of the healthy development of socialist market economy, which is an effective approach for the citizens to exercise the rights to participate in the government management; an urgent demand for China's legal service system to cope with the legal affairs after China's entry to WTO, and an inevitability for the lawyer system to improve. Itself Besides, the paper introduces some main modes and characteristics of the government lawyer system from other countries and regions, summarizes and evaluates several main modes and its existing problems of China's own at present Finally, as to the mode selection and the construction of China's future government lawyer system, the paper expounds the idea of its own that China's future government lawyer system shall be based on the system design, e.g. to adopt the "office mode of the government lawyer ", integrate the personnel of the existing legal service offices in China, perfect the qualifications of the government lawyers, confirm their working principle, ascertain their rights and obligations, and optimize their responsibilities and business scope and etc.