The system of legal advisor of government originated in Europe and the United States,is a symbol of the construction of the rule of law in modern countries.Europe and the United States’s system of legal advisor of government development is quite mature, in the government administration according to law and security laws and regulations on the implementation of play an important role. In China since the third plenary session of the 18th Central Committee through "the central committee of the communist party of China on comprehensively deepen reform certain major issue decision" (hereinafter referred to as the "decision") requirements: "generally set up a legal adviser system,perfect the regulatory documents, making major decisions, legitimacy review mechanism."by the fourth plenary session of the 18th Central Committee through"the central committee of the communist party of China about the decision of the some major problems in promoting the rule of law" (hereinafter referred to as the "decision")clearly put forward actively promote the government legal system building, fully into the construction of legal system of government in our country.In the construction and development of our country government legal system, is the inevitable choice to realize the rule of law government, rule of law society; To improve the level of administration according to law, to speed up the transformation government function, building a service-oriented government; Conducive to ease social contradictions,improve the authority of law; To better protect the legitimate rights and interests of citizens, to accelerate the process of country under the rule of law.Our government legal advisor system ,as compared with the European and American countries, is started late, uneven development, gave birth to many problems in the practice operation. Based on the present situation in this paper, using the methods of comparative analysis,literature research,for consummates our country to contribute the government legal system. Through analyzing the basic theory of the government legal system to conduct a comprehensive understanding, analyzing the status quo of the system, in practice in the operation of the problems and find out why, compared to the United States and the government of the Hong Kong’s legal advisor system in our country, summarize experience and lessons used in the construction of our country and put forward a perfect suggestion.Summed up the legal system of our government, exists in the system of selecting the selection conditions and procedures not standardized, the lack of top-level design and planning of national level; Government legal work lack independence exists in the operating mechanism, organization and staffing is not complete,service range is narrow; Exists in the management evaluation and information feedback mechanism is not sound,do not have a unified management mode of chaos;Missing on the supporting system of the special funds safeguard mechanism, the rewards and punishment mechanism, the government’s legal rights and interests safeguard mechanism and accountability mechanisms. According to an analysis of the causes of these problems, and puts forward corresponding perfecting suggestion. The top design, such as at the national level planning and unified specification selection conditions, procedures and management mode, optimizing institutional construction to carry on the scientific and efficient operation, improve the corresponding mechanism to strengthen management. |